High Court challenge: ‘YBFZ’

Tuesday, August 6 2024

Today, the High Court sitting in Darwin, will hear a challenge brought by one of our clients to restrictions on his liberty imposed by the Federal Government following his recent release from indefinite immigration detention. (See: YBFZ v. Minister for Immigration, Citizenship and Multicultural Affairs & Anor.)

Our client, a 36-year-old stateless man – and a refugee – has brought a High Court legal challenge to visa conditions requiring him to wear an ankle bracelet monitoring device and live under a curfew from 10.00pm to 6.00am every day. These conditions were imposed by the Federal Government after he was freed from detention following the High Court’s NZYQ ruling in November last year.

He is bringing this legal challenge on the basis that the ankle bracelet and curfew conditions are punishment involving serious restrictions on his liberty and therefore cannot be imposed by the Government because they are unconstitutional and unlawful. Under our Constitution, it is the Courts, not the Government, that can impose punishment.

Our client and his family fled in fear from Eritrea to Ethiopia when he was 10. He arrived in Australia as a 14-year-old boy together with his family in 2002, resettled as a stateless refugee. He has grown up here with his family. Australia is their home.

In 2014, in his mid-20s, he was diagnosed with schizophrenia.

Three years later, he was sentenced to a total of 18 months imprisonment and his permanent visa was cancelled.

After serving his sentence, instead of being released into the community, he was taken into indefinite immigration detention where he remained for more than five years, until he was released as a result of the High Court’s NZYQ ruling.

He is extremely remorseful for what he did which resulted in his imprisonment.

Under new laws introduced following the High Court’s NZYQ ruling that indefinite immigration detention is unlawful, our client has been granted Bridging Visas which require him to wear an ankle bracelet monitor and live under a curfew. Now, if he is late home by one minute, or doesn’t recharge his ankle bracelet on time, he potentially faces a mandatory minimum one year prison sentence – for each breach.

Our client is asking the High Court: does the Government have the power to do this to me?