Asylum seeking criminal vanishes after being released from immigration detention – while four others refuse to wear ankle monitoring devices

Four asylum seeking criminals released from immigration detention have refused to wear ankle monitoring devices while one has gone missing.

The Australian Federal Police are unable to contact one of the detainees not wearing the device while refusing to specify what crimes they have committed. 

The government has confirmed 141 people have been released from indefinite detention since the High Court handed down its landmark NZYQ decision earlier this month, which overturned 20 years of precedent. 

The ruling found that indefinite detention was unlawful, with three murderers and a number of sex offenders among those now among the public, 

After the decision, the Albanese government and the Opposition rushed through emergency legislation that enforces strict monitoring requirements, including ankle bracelets, on those released from detention. 

Of the 138 detainees, 132 are wearing the bracelets, two cases are being worked through due to health concerns and four have outright refused to wear them. 

Australian Border Force Commissioner Michael Outram on Monday said the four who refused to wear the monitoring devices have been deemed ‘lower risk’ in terms of the scale of offences but will still be investigated.

An AFP spokesperson said they had ‘no comment’.

Government Services Minister Bill Shorten said he had ‘no doubt’ police would ‘find the fellow’. 

The Coalition’s home affairs spokesman James Paterson said the latest revelation confirmed it had been a ‘total debacle from the Albanese government from start to finish’.

‘What really needs to happen now is pass new laws which can re-detain at least the highest risk criminal offenders among the cohort, which includes rapists, murderers, pedophiles, and at least one contract killer,’ he said on Tuesday.

He said those higher-risk detainees could be made subject to similar laws that exist for terrorists.

‘You can’t put them back into immigration detention indefinitely, but you can pass new laws to apply to a court to put them in jail because of the risks that they pose to the community. We do that with terrorist offenders, there is no reason why we couldn’t do it with these offenders based on the risk that they pose to our community.’

Meanwhile, the High Court on Tuesday will release its reasons for releasing over 100 refugees from infinite detention – specifically why it decided to free a detainee known as NZYQ who has been convicted of child rape.

The court is expected to release its findings just after 2pm. 

Last month, the High Court deemed it unconstitutional to keep refugees in indefinite detention regardless of serious crimes like murder and child sexual abuse. 

It comes as its revealed the ABF did not have the resources to fit the ankle bracelets on detainees and strict new laws were introduced to parliament on Monday. 

‘When this law was passed in the Parliament, ABF did not own an electronic monitoring bracelet and had never fitted one before,’ Home Affairs Minister Clare O’Neil said.

New laws introduced will make it a criminal offence for the released detainees to work with either children or vulnerable people, go within 200m of a school or childcare centre, or have contact with a victim or their family.

Anthony Albanese’s government has been slammed over its handling of the debacle after the high court released its decision 

The ABF and other agencies working on the released detainees will also be granted new powers to use and disclose information gained from the bracelets.

Immigration Minister Andrew Giles said Labor was working to make sure ‘these strict rules are robust and enduring’.

‘Talking tough doesn’t keep Australians strong and I want to be very clear, we will continue to leave no stone unturned when it comes to ensuring the safety of Australia,’ Mr Giles said.

In addition to the new laws, the government will grant $255million in funding to help agencies track and prosecute individuals who break their visa conditions.

The ABF will receive the lion’s share of the funding, $150million, to hire additional staff to complete investigations, surveillance and removals.

The AFP will get $88million for response teams to investigate and breaches of visa conditions.

Meanwhile the Commonwealth Director of Public Prosecutions was granted $17million to help increase its capacity to prosecute any of the released detainees who do breach conditions.

Ms O’Neil said the funding will help agencies commit to greater resources needed to maintain the released detainees in the future.

‘We have only one priority and that is protecting the safety of the community within the limits of the law,’ she told reporters.