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The Guardian - AU
The Guardian - AU
National
Daniel Hurst

‘Unacceptable risk’ test to determine if freed migrants go back to detention under proposed law

The immigration minister, Andrew Giles, right, will have the power to apply to a court for the re-detention of offenders who pose an ‘unacceptable risk of committing a serious violent or sexual offence’
The immigration minister, Andrew Giles, right, will have the power to apply to a court for the re-detention of offenders who pose an ‘unacceptable risk of committing a serious violent or sexual offence’. Photograph: Mick Tsikas/AAP

People freed from immigration detention will be re-detained if a court agrees they pose an unacceptably high risk of committing a “serious violent or sexual offence” under proposed new Australian laws.

After a landmark high court ruling that indefinite immigration detention was unconstitutional, the Australian government will this week seek urgent passage of a proposal to allow some of the released migrants or refugees to be re-detained for up to three years at a time.

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