“I was fully involved,we’ve responded to an issue back in Australia that’s a result of a decision by the High Court of Australia,” Albanese said. “We’ve responded appropriately.”
The document tabled in the Senate reveals that 40 of the 92 detainees were detained in NSW,24 are from Victoria with the balance in Queensland,South Australia,Western Australia and the ACT.
Afghanistan (18),Iran (17),Sudan (10) and Iraq (7) are the top four source countries for the detainees. In total,the cohort of 92 people come from 23 countries while nine are considered stateless.
The document also reveals 21 of the detainees have been referred to Home Affairs ministers for cyber crimes,serious and high-profile organised gang-related crimes and being high-ranking members of outlaw motorcycle gangs.
Shadow home affairs minister James Paterson,who requested the release of the document,seized on the details which showed “just how dangerous some of these now-released detainees are”.
“And the government has known this for weeks. It is shocking they weren’t ready to protect the community from what their own advice shows were very serious non-citizen criminals.”
The longest-serving detainee released following the High Court’s decision had been in immigration detention for 13 years and 47 people,more than half the total,had been detained for five years or longer.
The government also signalled that another 340 detainees could be released but both in question time and in response to direct questions,the ministers have refused to reveal the reasons each had been detained or the nature of the crimes some had committed,although Giles confirmed the list included three murderers and some sex offenders.
After the High Court decision,ministers claimed for days they needed to see the court’s reasons before introducing legislation to deal with the fallout,but on Thursday rushed through the new laws with the court’s reasons still pending.
Dutton argued the government could create further laws to return the 84 so far released back into detention.
“If I was writing the government’s policy,these people would be back in detention because we’re talking about some pretty serious criminals,and the first and foremost thought here is for the victims,” he said on Nine’sToday program.
“On Monday and Tuesday,they[the government] were saying there’s no legislation that can fix it,there’s nothing that we can do ... in the end it turns out that there was legislation they could pass.“
The Coalition’s spokesman on immigration,Dan Tehan,said the tests for the government included:closing the loopholes that allowed serious criminals to evade detention and deportation;enforcing the new visa regime;and ensuring every criminal released following the High Court decision is made to wear an ankle bracelet.
Home Affairs Minister Clare O’Neil oversaw the drafting of the amendment of the Migration Act.Credit:Alex Ellinghausen
Eight Labor MPs from the ministry and the backbench criticised the fact that draft legislation had not been readied ahead of the High Court’s ruling,and for the fact the government caved in to Dutton’s demands to get the issue off the political agenda.
All refused to speak on the record,and spoke on background to detail their thinking.
One MP said that Labor had taken two terms in opposition to neutralise immigration and asylum seeker policy as difficult political issues,including by supporting boat turn backs,but “now I’m worried the genie is out of the bottle”.
“This is a months-long failure to prepare,not just one week,” he said. “But it’s not just[Giles],he’s the junior minister. It’s Clare O’Neil too.”
Another MP said the government had effectively vacated the field to the opposition.
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“We have ended up with bad legislation that has gone against party policy on things like mandatory minimums[for people who are released who re-offend].”
In Labor’s caucus meeting on Tuesday,no mention was made of any legislation that would be introduced this week. By Thursday morning,Labor’s full caucus was briefed on the new laws.
When Labor ministers briefed Dutton on the bill on Thursday,the opposition leader asked repeated questions of bureaucrats about when they began drafting the laws.
O’Neil suggested Dutton should not be asking political questions of bureaucrats,according to those in the room.
Giles and O’Neil declined to comment.
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