In a candid interview with Sky News, Tony Burke, the Minister for Home Affairs, addressed the shortcomings of Australia’s preventative detention laws for migrants. He understood, at least it seems to me, that the legal standards for detention were way overly high. Consequently, nobody from the targeted group is eligible for detention under the terms of the current statutes. Burke’s comments come amidst ongoing discussions about the government’s approach to dealing with individuals who pose a threat to public safety.
Burke pointed to the recent example of Friday Yokoju, who’s been charged over his role in a fatal bashing in Footscray. He told police he was confident that, if convicted, Yokoju would receive a long stay behind bars. At the same time, Burke was clear that he would not seek deportation while the legal process plays out. Instead, he encouraged a shift of targeting the other members of the cohort for deportation.
Legal Challenges and Legislative Developments
In 2023, Burke’s government created the preventative detention regime. This decision was preceded by a High Court judgement ordering the release of an unidentified detainee referred to as “NZYQ.” This initiative attempted to be more responsive to public safety concerns but has come under fire for its failure to go far enough. Burke noted that “no one has come close to reaching the threshold that is in that legislation,” underscoring the challenges posed by existing legal frameworks.
That said, Burke’s new government has already moved quickly to address many of these challenges. They passed laws so that Australia could financially incentivize countries such as Nauru to accept members of the cohort for deportation to Australia. The High Court is now judging the legality of this agreement following Australia’s payment of $150,000 to Nauru to take the three people. Burke stated, “The reality is the legal thresholds we are stuck with because of some of the decisions of the High Court are more difficult to reach than I wanted them to be,” acknowledging the complexities introduced by judicial rulings.
Burke’s administration has passed laws criminalizing people’s failure to assist in deportation efforts. This law requires cohort members to take certain steps, including applying for a passport through a third country. If they don’t, it’s a year in county jail.
Government’s Strategic Approach
Burke said that despite the setbacks, he is hopeful about the direction in which the federal government is going. He contends that their approach is better than preventative detention at keeping the public safe. “I’m not giving up, I’m going to keep doing it, but I’ll tell you, to be honest, I would much prefer the individuals out of the country,” he stated during his interview.
Burke emphasized that while the current laws may present obstacles, they provide necessary tools for law enforcement and immigration authorities. His government plans to focus on deporting people who violate their visa terms. “If you’re on a visa you are a guest in the country, and almost everybody who is in Australia is a good guest … For people who breach that trust, we’re entitled to say your visa is cancelled and it’s time for you to leave,” Burke explained.
In response to these shocking incidents, and others like them, opposition leaders have urged stronger action to protect the public. Andrew Hastie, an opposition spokesman, commented, “If they can’t deport them, they need to exercise the powers the parliament vested in the minister to prevent this from happening.” This highlights the major rhetoric around immigration policy and public safety that continues to rage even today.
