Law Report High Court says government can't use ankle bracelets, curfews to monitor former immigration detainees
Mar 24, 2026
Rebecca Ananian-Welsh, a University of Queensland professor in national security and constitutional law, breaks down a High Court clash over government monitoring powers. She explains how ankle bracelets and curfews were judged punitive, the legal tug-of-war over preventive controls, and the broader consequences for released immigration detainees and government responses.
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Separation Of Powers Is About Protecting Liberty
- The High Court framed the dispute as separation of powers about government constraining liberty.
- Rebecca Ananian-Welsh explained courts punish and governments cannot arbitrarily imprison or impose severe restrictions without judicial process.
EGH-19's Path From Child Migrant To Curfewed Ex-Detainee
- EGH-19 came as a child, committed murder as a minor, served prison time and later had his visa cancelled as an adult.
- On release he faced intrusive conditions including 24/7 ankle monitoring and a 10pm–6am curfew under a special visa.
NZYQ Ended Indefinite Immigration Detention
- NZYQ overturned Al-Khateb by ruling indefinite immigration detention without realistic prospect of deportation amounts to punishment.
- That decision freed ~150 detainees and forced the government to seek alternative controls short of detention.