Home Affairs Officials Considered Locking Up High-Risk Immigration Detainees Before Court Ruling

Home Affairs officials were mulling laws to lock up high-risk immigration detainees as a “contingency” several weeks before the Commonwealth lostthat included convicted murders, rapists and kidnappers.

The department’s general counsel Clare Sharp said officials began discussing the possibility of preventative detention in September, before taking options to Home Affairs Minister Clare O’Neil and Immigration Minister Andrew Giles’ on October 3 - more than a month before the landmark ruling was handed down. Home Affairs Minister Clare O’Neil and Immigration Minister Andrew Giles were briefed on preventative detention laws a month before the High Court decision.“Should we lose, we were looking at a whole range of contingency options for what could be done to manage in the event that Al-Kateb was overturned,” Sharp told a Senate estimates hearing on Monday night, referring to the 20-year-old precedent of indefinite detention that ended with the NZYQ decision on November

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