Some of the detainees released from immigration detention have been sent into the community without visas, in a revelation that appears to contradict statements made by the Federal Government in recent days.
A letter given to some of the detainees on release, seen by the ABC, said their status, “at least for now”, was “as an illegal non-citizen”.
The ABC has been told that at least a dozen people left immigration detention over the weekend as illegal non-citizens and had their temporary visas confirmed on Monday and Tuesday.
But on Sunday, Foreign Minister Penny Wong said the former detainees had been placed on bridging visas, which would allow federal authorities to monitor their movements and keep the community safe.
“As people are released, visa conditions will be applied to bridging visas for those people and we will continue to work through the judgment when it is handed down and the implications of the decision, but I will make the point that people will be released with conditions and we will ensure that law enforcement agencies, federal and state, work together.”
On Monday, Immigration Minister Andrew Giles insisted federal authorities had control over the group because they were on visas.
“All of them have appropriate visa conditions,” he told RN Breakfast.
The government was forced to release 83 people from immigration detention after a landmark High Court ruling last week.
The ruling, which found that it was unlawful for the government to hold people in immigration detention indefinitely, affected 92 people who had been detained. While 83 have now been released, the status of a further 11 people affected by the ruling remains unclear.
Mr Giles told parliament on Tuesday that three murderers and “several” sex offenders were among those released.
Senior government ministers have repeatedly said they were all on bridging visas, which means they could face conditions on their employment and movement, but a letter from the Home Office suggests otherwise.
The Home Office letter, which was handed to some people, said they could be granted a visa at a later date, but gave no guarantee.
“The Minister for Immigration, Citizenship and Multicultural Affairs will consider regularising your status by granting you a Bridging (Removal Pending) (Subclass 070) visa which, if granted, will enable you to remain lawfully in the community”.
A person without a visa cannot open a bank account or apply for a job.
The government said on Tuesday that 81 people were on bridging visas, but the ABC has asked how many were initially released as illegal non-citizens.
Ensuring community safety
The government has repeatedly said that community safety would be ensured by placing former detainees on visa conditions that would allow federal authorities to monitor them.
David Manne, executive director of Refugee Legal, said he was surprised that some people had been released as illegal non-citizens.
“It is vital that people are released with an appropriate visa on release and not left without a visa in accordance with the law,” he said.
“Under the Migration Act it’s very clear that either you don’t have a visa and you have to be detained, or if you have a visa you don’t have to be detained, so people should be released with an appropriate visa in accordance with the law.”
He also explained that releasing people as illegal non-citizens left them in a “precarious situation”.
“Without a visa, someone can’t work, they can’t access proper medical care,” he said.
The Home Office has confirmed that all former detainees have been offered financial, accommodation and medical support.
But Mr Giles insisted the cohort would have conditions attached to their visas.
“And that’s obviously one of the bases on which we ensure the safety of the community,” he told RN on Monday.
“Those visa conditions include regular reporting.”
The ABC has asked the offices of Mr Giles and Home Affairs Minister Clare O’Neil what happens when people breach their visas. The request has been referred to the Department of Home Affairs and Border Protection, but neither has yet responded.
