The federal government has been forced to reveal it bungled issuing visas to 149 people released from immigration detention, meaning some who have breached strict monitoring conditions in the months since may get away with no consequences.
In the last few days, Commonwealth lawyers stumbled upon technical issues with the visas, and scrambled to reissue them for the cohort released from immigration detention in the wake of the landmark NZYQ High Court ruling on indefinite detention.
Many of the group have serious criminal convictions, including for murder and sexual assault.
In the months since they were released, several have been arrested for breaching the strict monitoring and curfew conditions set out in the visas – but may now escape conviction due to the bureaucratic mistake, as the visas were invalid.
Immigration Minister Andrew Giles is refusing to detail just how many fall in that category, but insisted more serious criminal offences committed by members of the group would still be prosecuted.
"Any matter relating to the laying of charges or going to a prosecution is a matter for the relevant law enforcement body, not a matter for government,' he told the ABC's AM program.
"But it is the case that these visa issues only related to the visa conditions and breaches relating from them."
Mr Giles was repeatedly asked who was responsible for the bungle.
"This is not a question about blame, it's a question of looking to resolve problems," he replied.
But he was quick to point out that it was a technical issue that had been on the Commonwealth law books for some time.
"This is an issue that actually dates back more than a decade to the creation of the visa class back in 2013," Mr Giles said.
"This issue has been identified and has now been resolved with incredible efficiency.
"There's been no lapse in constant monitoring of this cohort as a result of this technical issue."
Mr Giles and his senior minister, Home Affairs Minister Clare O'Neil, have been under sustained pressure over the government's handling of the NZYQ decision, which found that indefinite immigration detention for people who cannot be deported was unlawful.
Late last year, the government rushed legislation through parliament imposing strict conditions on the cohort of 149 people – including ankle bracelets and curfews.
Extra laws were passed to create a preventative detention regime, allowing the immigration minister to apply to a state or territory supreme court to re-detain an individual perceived to be a significant threat to the community.
No applications have been made so far.
"If you can fix these visas through something as simple as ministerial regulation – well then surely there wasn't a problem with the visas in the first place," Shadow Finance Minister Jane Hume said.
"This has been a mess from go to woe."
She said Andrew Giles should be sacked, and claimed the issue was known months ago.
"Quite frankly, Minister Giles' position is entirely untenable," she said.
"The fact that Anthony Albanese has kept him in his position demonstrates that this is a government that's weak on border security and weak on community safety."
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2024-03-12 20:51:56Z
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