The immigration minister has revealed 80 people have been released from indefinite detention after the High Court overturned a two-decade-old decision.
On Wednesday, the court found indefinite immigration detention was unlawful, giving hope to detainees who could not return to their home country.
Andrew Giles said the government was prepared for this outcome and revealed 80 people on appropriate visa conditions had already been released.
“We have been required to release people almost immediately in order to abide by the decision the High Court has required us to make,” he told ABC radio on Monday.
Community protection was the government’s top priority, Giles said, and those released would be required to regularly report and engage with the Australian Federal Police, Border Force, and any other relevant bodies.
“We have taken every step to ensure community safety,” he said.
“What we need to do now we have this decision – which has changed the law of two decades standing – is to work through it appropriately.”
The legal decision was delivered after a Rohingya man from Myanmar brought the case to the High Court.
He faced the prospect of detention for life because no country would resettle him due to a criminal conviction for child sex abuse.
There were at least 92 detainees in a similar situation to the plaintiff and another 340 in long-term detention.
The federal opposition argued the public has been kept in the dark about the situation.
“We know of the 92 people who are caught by this High Court decision, that 83 were being held on character grounds,” Shadow Immigration Minister Dan Tehan said.
“The public needs to know, and the public wants to know, what is the government doing to keep them safe?
“What are the character grounds that these people were being held on, what are they doing to liaise with state and territory authorities to keep the community safe?”
