The Albanese government has effectively abandoned its attempt to use preventative detention powers to re-incarcerate non-deportable former immigration detainees, with Home Affairs Minister Tony Burke conceding that legal thresholds are too high to act against the NZYQ cohort.
The laws, rushed through Parliament in 2023 after a High Court ruling forced the release of a man known as “NZYQ”, were designed to detain individuals deemed a threat to public safety but who could not be deported. These included provisions for ankle bracelets and curfews and applied to around 250 non-citizens with serious criminal records.
But in an interview with Sky News, Burke acknowledged that “no one has come close to reaching the threshold” needed under the current legal framework.
“I’m not giving up, I’m going to keep (trying), but I’ll tell you to be honest, I would much prefer the individuals out of the country altogether.”
Instead, the government is now prioritising deportation efforts and third-country resettlement. In one such move, Australia paid Nauru to accept three members of the cohort — a policy now being tested in the High Court.
Burke said this alternative approach was more promising, with the government “winning” in court so far.
“The reality is the legal thresholds that we are stuck with… are more difficult to be able to reach than I want them to be.”
The shift in strategy follows public outrage after multiple incidents involving members of the NZYQ cohort. One individual, Friday Yokoju, was recently charged over a fatal attack in Footscray, prompting renewed criticism from the Opposition.
Shadow Home Affairs Minister Andrew Hastie accused the government of a “catastrophic failure” to protect Australians. Hastie said.
“The government must act immediately to keep Australians safe,” he said in a statement on Sunday.
“We don’t accept that there is nothing that can be done… The Coalition stands ready to assist if urgent legislation is required.”
According to Senate Estimates, 28 members of the cohort have been charged with federal offences since the release of the group in 2024. The broader cohort reportedly includes 12 individuals convicted of murder or attempted murder, 66 sex offenders, 97 convicted of assault, and 15 with domestic violence offences.
The government has also passed new laws making it an offence to fail to cooperate with deportation efforts, such as applying for passports — potentially punishable with jail time.
Pressed on whether any members of the cohort would ever be placed back into preventative detention, Burke responded, “no one has come close.”
While maintaining that he will continue seeking legal avenues for detention where possible, Burke reiterated that deportation remains the government’s preferred path.
“If your visa is cancelled, you should be leaving the country. That is why visas are cancelled.”
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