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AAP
AAP
Politics
Dominic Giannini

Charges dropped after visa bungle over freed detainees

Former immigration detainees may escape conviction for breaching visa rules over a technicality. (Jono Searle/AAP PHOTOS)

Immigration detainees who breached their visa conditions after being released into the community could avoid convictions as a result of a technical issue.

Visas were issued to 149 people released after a landmark court ruling on indefinite detention in November 2023.

Many of the group have serious criminal convictions, including for murder and rape.

In the months since their release, several people have been arrested for breaching strict visa rules.

However, the Department of Home Affairs has discovered a problem with how they were granted, and reissued visas to the group.

All but one of 149 visas have been redone.

"We've acted immediately to deal with this technical issue," Immigration Minister Andrew Giles said.

"I can assure everyone that the issues around community safety haven't been compromised because continuous monitoring has been maintained".

Department lawyers discovered the oversight at the weekend, but Mr Giles said the issue had existed for more than a decade.

Breach of visa charges have been dropped against 10 former detainees, but anyone accused of breaching state and territory laws could still be convicted.

Opposition Leader Peter Dutton said the release of immigration detainees had been a trainwreck and called on the minister to resign.

The visa bungle was beyond comprehension, Mr Dutton said.

"The average Australian expects their prime minister to keep them safe," he said.

"And yet, the Albanese government has made catastrophic errors here in releasing criminals into the community, as it turns out on the wrong visas, which means that some of the offences they've committed now have to be put to one side."

After the immigration detainees were released, federal parliament passed emergency laws imposing strict visa conditions and surveillance including ankle bracelets and curfews.

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