High Court Again Strikes Down Albanese Government’s Ankle Monitoring Regime for Released Detainees
The High Court of Australia has, for the second time, invalidated the Albanese government’s laws imposing electronic monitoring and curfews on individuals released from immigration detention, a cohort known as the NZYQ group. The ruling mandates the removal of ankle bracelets and the lifting of curfews for those currently subject to the measures, requiring them instead to regularly report to authorities.
Ruling Details and Impact
The case centered on a Papua Novel Guinean citizen, identified in court documents as EGH19, who arrived in Australia in 2000 and was convicted of murder as a minor in 2006 . He was granted a protection visa in 2022, later cancelled following a domestic violence conviction. Released on parole in December 2024, he was placed in immigration detention in April 2025 and subjected to electronic monitoring and a curfew.
Chief Justice Stephen Gageler and a majority of the court found the amended laws, revised in November 2024, were inconsistent with the constitution and therefore invalid . Justice Michelle Gordon stated that the law’s purpose of protecting the community was insufficient, requiring “exceptional” justification for ongoing monitoring, such as preventing a terrorist attack.
Approximately 43 individuals currently wearing ankle bracelets will have them removed as a result of the ruling .
Government Response and Nauru Deal
Home Affairs Minister Tony Burke expressed gratitude for the $2.5 billion agreement with Nauru, which allows for the potential removal of the NZYQ cohort from Australia . Under the arrangement, the government can apply for 30-year Nauruan visas for those released on bridging visas. As of March 18, 2026, six individuals have been relocated to Nauru, with visas approved for a further 27, and applications pending for 27 more .
Political and Legal Criticism
Shadow Home Affairs Minister Jonathon Duniam criticized the government, stating assurances that the laws would withstand legal challenges proved incorrect . The Asylum Seeker Resource Centre’s deputy chief executive, Jana Favero, argued the government enacted “rushed laws” without due regard for fairness or constitutional principles . Greg Barns SC, spokesperson for the Australians Lawyers Alliance, condemned the government for responding to “populist scare mongering” and reiterated that only the courts have the constitutional authority to impose punishments .
The initial preventative detention regime was introduced in late 2023 following the High Court’s ruling that indefinite detention was unlawful, leading to the release of 92 individuals. A subsequent release of over 300 more followed .