‘Unacceptable risk’ test to determine if freed migrants go back to detention under proposed law

Labor hopes to push new laws through parliament this week to allow courts to order the re-detention of migrants or refugees freed after the landmark NZYQ high court ruling

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People freed from immigration detention will be re-detained if a court agrees they pose an unacceptably high risk of committing a “serious violent or sexual offence” under proposed new Australian laws.

After a landmark high court ruling that indefinite immigration detention was unconstitutional, the Australian government will this week seek urgent passage of a proposal to allow some of the released migrants or refugees to be re-detained for up to three years at a time.

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Law (Australia) | The Guardian