The Albanese Labor Government released at least 83 detainees from immigration detention into the community without visas and visa conditions, according to government documents revealed today.
Labor then misled the Parliament about the visa status of the detainees putting public safety at risk.
The Labor Government released 178 detainees, including seven murderers, 37 sex offenders, and 72 violent offenders, following the NZYQ High Court decision.
Labor has always maintained those detainees were released with strict visa conditions, but documents published today prove that was wrong.
And Labor knew it was wrong at the time.
In the weeks following the NZYQ decision, then Immigration Minister Andrew Giles received eight Ministerial Submissions from Home Affairs asking him to grant visas to members of the NZYQ cohort who were, “currently residing in the community as unlawful non-citizens as they were released from immigration detention following the High Court judgment in NZYQ on 8 November 2023”.
The Ministerial Submissions, released under Freedom of Information laws and published by The Australian today, confirm that Labor had released detainees with no visa, and therefore no safeguards, such as reporting conditions or monitoring devices.
Minister Giles then misled the Parliament on 15 November 2023 when he said, during Question Time: “I can confirm that all of those individuals required to be released as a result of the decision of the High Court are on bridging visas with appropriate conditions”.
But the FOI documents reveal that in the days prior to that statement, Giles had received seven separate Ministerial Submissions from Home Affairs asking him to grant visas to detainees who “were currently residing in the community as unlawful non-citizens”. Giles then received a submission from Home Affairs the day after his statement in Parliament advising him that additional detainees were in the community without a visa.
Shadow Minister for Immigration and Citizenship Dan Tehan said Labor had never been transparent about the failures and mishandling of the NZYQ decision.
“These FOI documents prove the Government was completely unprepared for the NZYQ High Court decision and as a result they put the safety of the Australian community at risk,” Mr Tehan said.
“Unlawful non-citizens, including serious criminals, were roaming our streets without any safeguards in place. How many days were these criminals at large with no supervision?
“Labor knew it was happening, but they told the public something different. When it comes to national security, this Labor Government will say anything while it does nothing.
“Andrew Giles misled the Parliament; it is as clear as day.
“Just like the drone program that never existed, Minister Giles was told one thing by his department, and he told the Australian people another.
“The Prime Minister must answer the question: how can Andrew Giles be trusted to continue as a Minister in any portfolio?”