NZYQ High Court decision: Staggering number of asylum seeker criminals released from detention who haven’t been jailed under Anthony Albanese’s emergency laws

Two dozen people have been charged with crimes after being released from immigration detention, but none have been jailed under emergency laws.

Among those released were seven murderers and 37 sex offenders, it was revealed on Monday.

In December 2023, powers flowed through Parliament, allowing the responsible minister to apply for a community safety or supervision order.

Under this order, released prisoners could be imprisoned or subjected to strict supervision.

But as of January 31, no requests had been made to enforce the powers.

A Supreme Court ruling on indefinite detention of migrants led to the release of 149 people.

Seven had committed murder or attempted murder, of which 37 were sexual crimes, including child sex crimes; 72 assault and violent crimes, including kidnapping and armed robbery; 16 domestic violence and stalking and 13 serious drug offences.

Fewer than five were involved in human trafficking and fewer than five were involved in minor or no criminal offences.

The legislation also imposed broader supervision measures, with a violation punishable by imprisonment.

As of January 31, 113 released detainees had ankle bracelets.

None of them were placed in immigration detention again because there was no prospect of resettlement in another country.

Australia has been beaten back by Bangladesh, Saudi Arabia, Britain, New Zealand and Canada.

Talks with the US are still ongoing.

Six people have been re-arrested and charged with breaching visa conditions under the new laws, while a further 18 people have been charged by state and territory police with other offenses as of February 1.

Opposition spokesman James Paterson wondered whether preventive detention could have prevented some of the alleged recidivism.

“This is a shocking failure of community safety and national security,” he told reporters in Canberra.

When asked why there was a difference between this cohort and the thousands of people routinely released for serious crimes across the country, Senator Paterson said the prisoners released were not citizens.

“They do not have a valid visa to stay in Australia, apart from a High Court ruling showing they cannot be deported,” he said.

A dozen people have been charged with crimes after being released from immigration detention (stock photo)

Immigration Minister Andrew Giles was bombarded with questions after the figures were published.

Mr Giles defended his record, saying the safety of the community was paramount and the government had brought together highly respected law enforcement officers to provide advice on tackling the threat.

“We also now have four layers of protection, including strict visa conditions, electronic monitoring and curfew arrangements, as well as preventive arrangements,” he told parliament.

“We have been working around the clock to ensure the community remains safe.”

He pointed to comments from Senator Paterson saying there was a high legal threshold for a court to agree to a detention order and that requests had to be careful and determined.

A parliamentary committee chaired by Labor MP Josh Burns criticized the detention prevention laws as potentially overstepping human rights violations.

After the Supreme Court’s decision on December 31, more than $13 million had been spent on managing the files.