Are you a government in a bind with an unhelpful court decision? Here’s Crikey’s guide to getting around it.
Today Labor will introduces amendments to the Migration Act to criminalise breaching bridging visa conditions, a direct response to the recent High Court decision that found indefinite immigration detention unlawful.
This week 83 people, some found guilty of serious crimes, were released after the decision. Immigration Minister Andrew Giles and Home Affairs Minister Clare O’Neil said: “The government will introduce and seek to pass this legislation … to further respond to the High Court’s decision.”
This all came after Opposition Leader Peter Dutton’s attempt to link the release of “hardcore criminals” to a breakdown of “social cohesion” and a rise in anti-Semitism. The introduction of legislation to effectively overrule a court decision is, as it turns out, a staggeringly common one, particularly when it comes to immigration.
Read more about just how easy and often laws are made to overturn a court decision.
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