Afghan refugee Aliyawar Yawari, 65, has been charged with indecently assaulting a woman in a hotel in South Australia.
Yawari was deemed a ‘danger to the Australian community’ by a South Australian judge in 2016 following attacks on three elderly women in 2013 and 2014.
Meanwhile Mohammed Ali Nadari, 45, has been charged with cannabis possession in New South Wales.
A fired-up Nat Barr asked if this meant all of the safety measures introduced by the government since the High Court ruling ‘meant nothing’.
Dan Tehan, the Shadow Minister for Immigration, said the government had failed their number one duty – to keep the community safe.
‘This is a catastrophic failure. The Albanese Government has failed their number one duty which is to keep the Australian community safe,’ Mr Tehan said.
‘Ministers O’Neill and Giles, the home affairs minister and the immigration minister have failed their number one duty of keeping the Australian people safe.
‘They should do the honourable thing now and resign.
Dan Tehan, the Shadow Minister for Immigration, said the government had failed on their number one duty – to keep the Australian public safe
Mr Tehan accused the government of failing to adequately prepare for the possibility of the High Court ruling that indefinite immigration detention was illegal.
‘We warned about this. We said they needed to have tough measures in place immediately after the High Court had made it decision. They needed to have a preventative detention regime in place when the High Court made its decision.
‘They failed to do that, they haven’t been transparent with the Australian public about who these people are, why they failed the character test.
‘There are still three people out in the community without conditions on their visas. We know nothing about them.
Mr Tehan said the Labor government had been warned as early as June that there was a likelihood that the High Court would release 148 detainees.
‘Yet they failed to be ready for that eventuality,’ he said.
‘And that failure has led to the community not being safe and that is the number one priority of any government. That is why both ministers should now do the honourable thing and resign.’
‘We would have been making sure that in the months leading up to the High Court decision that we were looking at what legislation we could put in place to keep the community safe,’ he said.
He then lashed out the Prime Minister, saying ‘people are worried he’s a weak leader’.
‘He has an opportunity soon to show some strength,’ he continued.
‘If they won’t resigned, he should sack them.’
Dan Tehan lashed the Prime Minister (pictured) saying ‘people are worried he’s a weak leader’
Aliyawar Yawari has been charged with two counts of indecent assault just three weeks after he was released from immigration detention after the High Court’s controversial ruling
Yawari appeared in the Adelaide Magistrates Court on Monday less than a month after he walked free from Yongah Hill Immigration Detention Centre in WA.
Police arrested the 65-year-old at the Pavlos Motel in Pooraka in Adelaide’s north on Saturday night after allegations a woman had been assaulted by a guest.
Yawari was previously described by a judge as a ‘danger to the Australian community’ and has served a jail term for assaulting three women including one he hit with her own walking stick.
Shadow Immigration Minister Dan Tehan has called on Home Affairs Minister Clare O’Neil (pictured) to resign or be sacked by the prime minister
Yawari had arrived in Australia in 2010 after fleeing Afghanistan where his father and brother were killed by the Taliban.
He found work in Bordertown in South Australia but between October 2013 and December 2014 he carried out attacks on women in rural parts of the state.
In 2013 he was acquitted of rape but convicted of assault and received a suspected prison sentence. But in 2016 he was sentenced to three years and 11 months with a non-parole period of two years and eight months.
After his sentence he was sent to immigration detention awaiting deportation but was released in November after the High Court ruling.
The federal government will introduce amendments on Wednesday to laws brought in to deal with the fallout from the High Court decision, resulting in the release of more than 140 detainees.
Under the amendments, preventative detention orders would apply to those released, including murderers and sex offenders, and are based on similar measures for high-risk terror offenders, Ms O’Neil said.
The exact number of released detainees the preventative detention orders would apply to is not known.
Defence Minister Richard Marles backed his ministerial colleagues.
‘What’s happened here is the High Court have ruled against a law that was put in place by the Howard government, it was there throughout the Turnbull and Morrison governments,’ he told ABC Radio.
‘The question is whether or not (the opposition) is going to be supporting strong legislation, which will put the strongest possible conditions on those who have been released.’
Asked by shadow attorney-general Michaelia Cash why the government had released the high-risk detainees, Foreign Affairs Minister Penny Wong said it was imperative to work within the court’s decision.
‘A shadow attorney-general should understand that a government under the Westminster system does not act like an autocratic dictatorship and actually does what the court says,’ Senator Wong told parliament on Monday.
Opposition Leader Peter Dutton said the coalition would likely back the laws.
‘If the government has adequate measures to keep Australians safe, then we will support those measures and we’ll see what they have to say,’ he told reporters in Sydney.
‘If we see a bad bill, we’re not going to support it.’
Greens senator Nick McKim called the laws a ‘race to the bottom’ on refugee policy.
‘It creates two different classes of people in this country under the law, depending on whether you are the holder of a particular class of visa or not,’ he said.