Australia proposes law to allow prison time for high-risk migrants who breach visa conditions

Govt. introduces emergency legislation to detain migrants with criminal records for up to 5 yrs. 84 released since High Court ruling, incl. those with serious criminal histories. Opposition leader Dutton calls measures inadequate, Greens party opposes as "draconian".

Migrants with criminal records in Australia will face up to five years in prison for breaching their visa conditions under emergency legislation introduced on November 16 in response to a High Court ruling that foreigners can’t be detained indefinitely.

The government said it has released 84 foreigners — most of whom have convictions for crimes including murder and rape — since the court ruled last week that indefinite detention of migrants is unconstitutional.

The decision reversed a High Court ruling from 2004 that had allowed stateless people to be held in migrant centers for any length of time in cases where there were no prospects of deporting them from Australia.

The legislation introduced in Parliament by Immigration Minister Andrew Giles would let the government order certain migrants to wear electronic tracking bracelets and to comply with curfews. Failure to comply with those visa conditions could be a criminal offense punishable by up to five years in prison.

The released migrants include “certain individuals with serious criminal histories,” Mr. Giles told Parliament.

“These measures are consistent with the legitimate objective of community safety, and the rights and interests of the public, especially vulnerable members of the public,” Mr. Giles said.

Human rights lawyers argued that the measures could be challenged in court as punitive and excessive.