Lawyers have called on the Australian government to “stop playing with people’s lives” as it moves to re-detain dozens of people who were released from immigration detention over Christmas.
About 160 people had been released from detention due to a full federal court case ruling that aggregate sentences do not count for the purposes of the Migration Act’s automatic visa-cancellation provisions.
An aggregate sentence refers to when a person is given a single sentence for more than one offence.
Up to 100 people released from immigration detention after Australian government loses court caseRead more
Rather than appeal, the Albanese government pushed legislation through parliament restoring its original interpretation. It passed the Senate with the Coalition’s support on Monday despite outcry from refugee and asylum seeker groups about its retrospective provisions.
Dozens of people whose visas were affected by the bill are now being told they will be re-detained. Crossbench MPs and lawyers have raised concerns about the impact on individuals with a series of low-level offences.
‘‘These are some of the hardest conversations I’ve ever had with clients,” said Rachel Saravanamuthu, a senior solicitor at the Asylum Seeker Resource Centre.
“People have just begun to rebuild their lives – reunite with family, start new jobs and have hope for their future. All of their dreams have been ripped away so suddenly and they are devastated.”
Saravanamuthu said people had “already endured a traumatic visa cancellation process and protracted time in detention, and now have to experience this all over again which is particularly cruel”.
“The government must stop playing with people’s lives.’’
A official notice, seen by Guardian Australia, says: “Your visa cancellation under section 501 of the Migration Act has been validated by operation of the Aggregate Sentences Act and is legally effective, and you no longer hold a visa. As such you are an unlawful non-citizen and may be detained and removed from Australia.
“As you no longer hold a valid visa to remain in Australia, you are liable for immigration detention and we encourage you to self-report to the Australian Border Force … Alternatively, it is open to you to depart Australia voluntarily.”
The Human Rights Law Centre, the Asylum Seeker Resource Centre and the Visa Cancellation Working Group issued a joint statement expressing “serious concern at the re-detention of people without regard to their personal circumstances, including whether they are refugees and owed protection”.
“Lawyers are aware of at least one person from a refugee background who had not received the letter and was taken back into immigration detention suddenly on their way to work, and must now restart what is an uncertain, intimidating and traumatic process to have their visas reinstated,” the statement said.