Kaldor Centre Unsw

NZYQ v Minister for Immigration (NZYQ) changed the landscape for immigration detainees in Australia. It led to the release of at least 149 people from indefinite immigration detention where there was no real prospect of removing them from Australia in the 'reasonably foreseeable future’. It also led to the rapid passage of new legislative provisions that could be used to restrict the freedom of those released. Under this legislation, the Commonwealth can seek Community Safety Orders if those released are considered to pose an ‘unacceptable risk of seriously harming the community by committing a serious violent or sexual offence’, allowing re-detention or the imposition of other restrictive conditions. Continuing detention orders have been accepted by the High Court of Australia as valid for people convicted of serious violent, sex or terrorism crimes in Australia. Community Safety Orders, however, differ from continuing detention orders in important ways, and they have not yet been tested in Australian cour