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The Guardian - AU
The Guardian - AU
National
Paul Karp Chief political correspondent

Doubts over legal regime to redetain those released from Australian immigration detention, FoI documents reveal

Exterior of the high court of Australia building in Canberra
The high court of Australia ruled indefinite immigration detention unlawful in November 2023. Photograph: JP Offord/Rex/Shutterstock

Officials responsible for a regime to redetain people released from immigration detention have cast doubt on its effectiveness, warning the minimum nine-month timeframe to put cases together could make it harder for the government to win.

“In the absence of any offending, [it is] hard to illustrate that they pose an ongoing risk – so the longer it takes it weakens [the applicants’] case,” officials said, according to minutes of a January meeting discussing the operation of the scheme, passed after the high court’s ruling that indefinite immigration detention is unlawful.

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