Overview
- The High Court, in EGH19 v Commonwealth, ruled by majority that curfews and electronic monitoring for released immigration detainees are punitive and unconstitutional.
- The judgment invalidates Labor’s revised regime introduced after a 2024 loss, which raised risk thresholds and defined a “serious offence” with ten specified categories.
- The ruling lifts conditions on affected people, and the government says 43 community-based bracelet wearers will move to mandatory reporting.
- Ministers cite a Nauru arrangement valued at about $2.5 billion with 30-year visas, with six people already arrived, 27 visas approved and 27 applications submitted.
- The successful plaintiff is a Papua New Guinea national with prior murder and family-violence convictions, and the federal government will cover the legal costs.