The High Court has struck down the Albanese government’s law enabling it to impose ankle bracelets and curfews on the more than 200 non-citizens it released from immigration detention in 2023 after an earlier decision by the court.
Wednesday’s decision, by a five-two majority, found the measures “punitive” and an infringement of the constitution.
The plaintiff in the case was a stateless Eritrean who was released from immigration detention last November. He was later charged with six offences for failing to comply with his monitoring and curfew conditions. The charges are pending in the Magistrates’ Court of Victoria. His earlier criminal record includes a 2017 conviction for offences of burglary and causing injury.
