Government sweats on critical new court challenge on immigration detainees

The High Court will decide if more immigration detainees should be released into the community following a critical hearing next month challenging laws that keep non-citizens in custody if they refuse to be deported., as it charges the board that reviews visa conditions to consider any new issues arising from legal uncertainties about immigration detention.

The Iranian government does not accept anyone returning to the country against their will. If the High Court finds against the Commonwealth in ASF17, it could trigger the release of many more detainees. The remit of the board will now be expanded to advise more broadly on new scenarios thrown up by the changing laws.

The release of Home Affairs records during a parliamentary hearing earlier this year showed no one had been re-detained under preventative detention laws, spurring the opposition to accuse the government of failing community safety.

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