Australia's controversial detention laws collapsed: ankle bracelets off, curfews gone

Sydney – Thousands of former immigration detainees, many already serving prison sentences, will see their ankle bracelets removed and curfews lifted after the High Court struck down the government's preventative detention laws on Wednesday. The ruling marks another significant defeat for Prime Minister Anthony Albanese's administration, highlighting the ongoing legal challenges surrounding Australia's approach to immigration and detention.

Court rules preventative detention regime unconstitutional

The decision effectively invalidates a controversial regime implemented in late 2023, following a previous High Court ruling that indefinite detention was unlawful. The laws, amended in November 2024, aimed to target a specific group – the NZYQ cohort – deemed to pose a substantial risk to the community. However, the court found the laws inconsistent with the constitution, stating that the government's justification for ongoing monitoring was insufficient, requiring a level of risk far exceeding standard circumstances, such as imminent terrorist threats.

The case originated with EGH19, a Papua New Guinea citizen convicted of murder as a minor in 2006 and released on parole in December 2024. He was subsequently placed under preventative detention, requiring an ankle bracelet and curfew. Justice Michelle Gordon, in her judgment, emphasized that