High Court Challenge

Tuesday, November 28 2023

I’m writing to update you on our work helping people impacted by the recent High Court ruling on indefinite detention and the Government’s new laws imposing conditions on people freed which severely constrain their liberty.

Today, our client, a 37 year-old Afghan Hazara man – and refugee – has filed 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, which were recently imposed by the Federal Government.

He is bringing this legal challenge on the basis that the ankle bracelet and curfew conditions are punishment and therefore cannot be imposed by the Government because they are unconstitutional and unlawful.

Our client fled in fear from Afghanistan and arrived in Australia in 2011. He was subsequently found by the Government to be a refugee in need of protection from persecution.

Shortly after arriving in Australia, while in detention, he was fined $2,000 for indecent assault.

He remained detained for the next 11 years, until he was released into ‘community detention’. For the next 9 months he had been able to live in the community without an ankle bracelet or curfew.

He is extremely remorseful for what he did in detention which resulted in the fine, and he has not committed any further offence over the last 12 years.

Under new laws introduced since the recent High Court ruling in NZYQ, which found indefinite immigration detention to be unconstitutional and unlawful, our client has now been granted a Bridging Visa which requires him to wear an ankle bracelet monitoring device and live under a curfew. Now, if he is late home by one minute, he potentially faces a mandatory minimum 1 year prison sentence.

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

 

Sincerely,

David Manne
Refugee Legal
Executive Director & Principal Solicitor