Albo Commits to Reacting to High Court Ruling to Release ‘Serious Offenders’ – Such as Murderers and Rapists – from Custody: Penny Wong Announces Important Development

Anthony Albanese’s government will rush a legal change through Parliament on Thursday after a controversial High Court decision freed 83 asylum seekers – including ‘hardcore criminals’ – from detention. 

Foreign Affairs Minister Penny Wong told the Senate on Wednesday afternoon that the Federal government was considering an urgent fix after the surprise judgment by the court last week.

In a statement released later this evening, the government went one step further and said it was ‘taking further action in response to the recent High Court decision we strongly opposed’ by rushing legislation through parliament on Thursday. 

‘The Government will introduce and seek to pass this legislation tomorrow to further respond to the High Court’s decision,’ a joint statement from Home Affairs Minister Clare O’Neil and Immigration Minister Andrew Giles said. 

‘The full implications will not be clear until the High Court has provided written reasons for their judgement, which means further legislation may be required once that judgement has been considered.’

The High Court’s decision last Wednesday led to the immediate release of 81 foreign-born nationals who were indefinitely detained by the government, including a paedophile who raped a boy, 10, in western Sydney and a Malaysian hitman who murdered a pregnant woman. 

A further two people were released later.

The crisis comes at a testing time for the Albanese government as the PM jets off on another crucial international trip to the United States, to attend the Asia Pacific Economic Cooperation summit, or APEC.

Opposition Leader Peter Dutton said Mr Albanese should skip the event – which has only ever been missed by one PM, Julia Gillard, when her father died. Several Liberal Party prime ministers over the years have stressed the significance and importance of the APEC summit.

Instead, Mr Dutton said Mr Albanese should work through the night to pass legislation to return the asylum seekers to detention.

‘We will sit down with the government, we will sit additional hours through the night,’ he said earlier on Wednesday. 

Mr Dutton added the PM must be willing to ‘do whatever it takes to get these people back into custody, where they belong’.

The widespread criticism of the Labor government in the wake of the decision has sparked deep frustration for the government.

Until now, ministers have felt their hands were tied – as the High Court has not released the specific reasons for its decision, which could take months.

Without this information, the government will find it tricky to address the court’s decision and introduce legislation to detain the asylum seekers. 

But Senator Wong revealed in Question Time on Wednesday ‘the government intends to introduce legislation shortly to further respond to the decision of the High Court.

‘We look forward to the Opposition assisting with passage of that legislation as soon as possible,’ she said. 

Mr Albanese has been copping flak for his intense travel schedule of late, despite data suggesting he is no more well travelled than his recent precedessors. 

Insiders say the timing of his trips – when everyday Australians are struggling to pay their bills, fill their petrol tanks and stock up on groceries – are ‘unfortunate’, but  have challenged the Opposition to reveal which ones they would have cut.

‘These are our most important trading partners,’ one government insider said.

In 2007, prime minister John Howard described APEC as ‘an unrivalled opportunity for bilateral exchanges’.

And in 2018, then-prime minister Scott Morrison said APEC was an ideal opportunity for independent sovereign states to ‘keep getting on with each other’.

Home Affairs Minister Clare O’Neil, alongside Immigration Minister Andrew Giles, have been responsible for leading the government’s response to the crisis.

Ms O’Neil has been outspoken in her disappointment with the decision. 

She told Sunrise host Nat Barr ‘those crimes and those people are absolutely despicable.

‘I’m raising three children in this country and I can tell you that if there was anything in my power to keep these people in detention, I would absolutely do it.’

With the PM overseas, responsibility will fall to Deputy Prime Minister Richard Marles, who also weighed in on the High Court decision.

He assured the public authorities were utilising every option available to them to keep a close eye on the released asylum seekers.

‘I remind Australians that we argued against this in the High Court,’ he said.

‘This is not our decision. But in the decision having been made by the High Court, these people have been released.

‘They’ve been put on bridging visas with the strictest possible conditions. That was something that the Government did straightaway.

‘We are continuing to assess what option we have here, which include potential legislative responses and we’ll be working on that very quickly.’