Indefinite detention: Coalition had already released 5 of 93 impacted by high court decision, document reveals

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Document published by high court also confirms not all 93 had convictions in Australia

Five of the 93 people affected by the high court’s decision on indefinite detention had already been released into community detention by the Coalition.

According to a home affairs document, the person who spent the second longest time in detention – 12 years – was living in the Australian community under a “residence determination” granted by the Morrison government in February 2022.

A stateless Rohingya unauthorised maritime arrival “sentenced to 5 years for aggravated sexual assault of a victim under the age of 16”, who had been in immigration detention for 5 years;

A person extradited to Australia on a criminal justice stay visa “to face people smuggling charges”. He was sentenced to 11 years in 2015, and had been in immigration detention for two years and nine months;

A person convicted in 1999 of “the murder of his wife sentenced to 22 years”, with a minimum of 18. His protection visa was cancelled, and he was in detention for four years;

A convicted sex offender currently on the child protection register after assaulting a 12-year-old girl in 2012;

A person convicted in 2017 of “supply [of a] commercial quantity of a prohibited drug” to 7 years and 4 months imprisonment who has been in immigration for 3 years;

A person convicted in 2012 of people smuggling, who received a three-year sentence and has been in detention for 11 years;

A person convicted in 2014 of rape, false imprisonment and indecent assault and sentenced to four years and six months;

A person convicted in 2020 for “trafficking a controlled drug (Meth)”. He was sentenced to three years, four months in prison, his protection visa was cancelled and he has been in detention for two years;

A person sentenced in 2015 to 10 years imprisonment for supply of prohibited drugs;

A person who had served “multiple prison sentences” including one in 2009 for “common assault … where he was found guilty of punching his eight month old daughter”, who has been in detention for nine years;

A person convicted of murder and “sexual intercourse with a person between 14-16 years”.

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