The federal opposition has accused the Albanese government of sparking an immigration crisis through their handling of a landmark immigration case that led to the release of 149 detainees.
In November the High Court overturned a two-decade-old legal precedent, ruling individuals could not be held in immigration detention indefinitely when there was no realistic prospect of deportation.
Speaking to Sky News Australia’s Sunday Agenda, shadow attorney general Michaelia Cash said the Albanese government had made a “fatal error” in the case involving the detainee known as NZYQ.
“This is a government that themselves admitted to the High Court in June of last year, that there was no reasonable prospect of removing NZYQ, which then set the High Court upon a path,” Senator Cash said.
“Justice Gleason herself of the High Court was almost pleading with the government saying you've made the admission you are going to lose the case, you now need to do something – and the government did nothing.
“We would never have made the admission… that was the fatal error in this case, and it is an error that the Attorney General refuses to take any responsibility for.”
On Friday Home Affairs Minister Clare O'Neil conceded the government had lost control of key aspects of Australia’s migration laws, stating the High Court had “drawn new boundaries around the powers of the executive and the parliament”.
The admission came in a briefing in which the Home Affairs Minister and Immigration Minister Andrew Giles warned they may have to release more detainees into the community as further cases head to the High Court.
The Albanese government rushed through preventative detention laws in the wake of the High Court’s NZYQ decision, allowing them to detain individuals for up to three years at a time if a court deems they are an unacceptable risk to the community.
Asked why no applications had yet been made under the laws, the Immigration minister said progress had been made but there was a lot of work involved in the applications.
“The government has made significant progress towards applications for preventive detention, but there is a very high legal threshold to be met for a successful outcome,” Minister Giles said.
“We’re working through up to 35,000 documents per person in order to make the strongest possible applications.”
An additional 46 lawyers have been hired by Home Affairs and the Australian Government Solicitor to work on applications to re-detain those deemed to pose the largest risk to the community.
But Senator Cash said the government’s handling of the issue was a “train wreck" and both the Home Affairs and Immigration Minister should be sacked.
"These two ministers should not be holding these portfolios. And Mr Albanese, as the prime minister of this country... he has given up when it comes to the security of this nation," Senator Cash told Sky News political editor Andrew Clennell.
“This is a government which has given up when it comes to putting in place legislative responses to actually ensure it's doing its job.
“They put their hands up and said we've actually lost control of what we're doing. I actually expect more from the Commonwealth Government, Andrew.”
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2024-03-16 23:37:30Z
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