A sixth former immigration detainee has been arrested in Melbourne after being released due to last month’s high court ruling.
A 36-year-old Eritrean-born man was arrested after allegedly failing to comply with a curfew, the Australian federal police said in a statement on Friday night.
“It will be alleged the man breached conditions of his commonwealth visa early on 8 December 2023, by failing to observe his residential curfew obligations,” the AFP said.
“The man has been charged with one count of failing to comply with a curfew condition, contrary to section 76C(1) of the Migration Act 1958 (Cth). This offence carries a maximum penalty of five years imprisonment and a $93,900 fine.”
The changes to the migration act, which Labor and the Coalition teamed up to pass last month, mean former detainees are required to wear ankle bracelets and abide by strict curfews.
At least 148 people have been released following the ruling that found indefinite custody of detainees unlawful when there was no prospect of resettlement.
It follows the arrest of five other former detainees over the past week for different alleged offences.
The government has been scrambling to respond to the high court decision, which overturned 20 years of legal precedent.
Opposition pressure has escalated for the government to apologise to Australians over the issue.
However, Albanese said Labor had a legal obligation to respond to the court’s decision and had no interest in risking the consequences of pre-empting such processes.
He said the government had received very clear and explicit advice on the issue but despite making it available to the opposition, it had been ignored.
AAP contributed to this report.
