Key points
- Around 100 people detained in immigration detention centres have been released.
- Advocates believe it follows a Federal Court case ruling.
- They are also calling on the government to provide an explanation.
About 100 people held in immigration detention centres across Australia were released in the few days before Christmas.
Advocates believe the releases came after the federal government lost a "significant" Federal Court case on 22 December, Ian Rintoul, a spokesperson from the Refugee Action Coalition told SBS News.
Under Section 501 of the Migration Act, the government can cancel visas of non-citizens over character concerns as well as for criminal convictions, or if they are considered part of a group suspected of wrongdoing.
Previously, sentences had been lumped together, triggering the 12-month threshold for the automatic cancellation of a visa.
But it was found that an aggregate sentence for a criminal conviction cannot trigger an automatic visa cancellation, and ultimately detention.
About half of those released are believed to have been from Villawood Immigration Detention Centre in Sydney, advocates say.
"It's not come about because the government itself has recognised the fundamental injustice associated with Section 501."
He said it was a "sudden" but "fantastic relief" to those detained, with some having spent over four years inside a detention centre. Now, he said, they can return to their communities and families.
"Finally, they get freedom. Many people realise they've done a crime. But they've also served their time, why should they continue to be held in prolonged detention?" he said.
"There was no announcement. None of the guys were actually told, 'you're being released on the basis of this court case.'"
"It's still not too late for the government to issue a very simple press release, explaining what's going on."
Solicitor Hamish Glenister of William Gerard Legal, who has acted on a similar case, said it might not be over yet.
"The Minister might apply for special leave, although, I suspect that the reasoning in (the case) is unimpeachable," he said. "This is a great result for all involved."
Estimates by advocates say about 40 to 45 people detained in Sydney's Villawood Immigration Detention Centre were released in the days after the judgment.
Others had also been released from Melbourne Immigration Transit Accommodation (MITA), Brisbane Immigration Transit Accommodation (BITA), Christmas Island Detention Centre and Yongah Hill Detention Centre, near Perth.
New Zealand Prime Minister Jacinda Ardern and Prime Minister Anthony Albanese held talks in June. Source: Getty / Lisa Maree Williams
A small fraction of the releases is also believed to be attributable to government reviews of long-term detainees following talks between Prime Minister Anthony Albanese and New Zealand Prime Minister Jacinda Ardern in June.
After the talks, Mr Albanese vowed to reconsider how the government handles visa cancellations.
Mr Rintoul said the number of releases is a sign that greater urgency should be taken in reviewing Section 501 cases.
"There are still many cases being held in detention that urgently require the government to review their incarceration," he said.
SBS News has contacted the office of Immigration Minister Andrew Giles and Home Affairs Minister Clare O'Neil for comment.
