High Court strikes down ankle monitors and curfews for released immigration detainees

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High Court strikes down ankle monitors and curfews for released immigration detainees
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The court found the imposition of monitoring bracelets and curfews for more than 120 people released from indefinite immigration detainees were unconstitutional and 'cannot be justified'.

Former indefinite immigration detainees living in the community will not be forced to wear electronic monitoring ankle bracelets or follow curfews, with Australia's highest court ruling them invalid. The measures stemmed from a High Court decision in November last year that ruled indefinite immigration detention was illegal. The ruling caused the abrupt release of 150 immigration detainees. As of mid-October this year, 215 immigration detainees had been released.

On Wednesday, the High Court found the legislation overreached the separation of powers between the courts, which can administer criminal punishment, and the commonwealth government. The High Court bid was launched by a stateless Eritrean man who was released from immigration detention under the previous court ruling in November 2023, and was charged with six offences for failing to comply with curfew and monitoring.

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