Labor blames Peter Dutton’s decisions as immigration minister for ‘mess’ of indefinite detention. By Paul Karp, The Guardian

Peter Dutton as immigration minister exercised a discretion allowing the plaintiff, whose case overturned indefinite immigration detention, to reapply for a visa after he was convicted of raping a 10-year-old, the government has revealed.

After weeks of Coalition attacks for its handling of the fallout from the high court’s ruling that indefinite immigration detention is unlawful, the immigration minister, Andrew Giles, hit back in question time on Wednesday by claiming “this ultimately is [Dutton’s] mess”.

Labor blames Peter Dutton’s decisions as immigration minister for ‘mess’ of indefinite detention. By Paul Karp, The Guardian

Labor to enact ‘preventive detention’ regime after high court reveals reasons for immigration ruling. By Paul Karp, The Guardian

In the reasons published on Tuesday, the judges stated that was when “the constitutionally permissible period of executive detention of an alien who has failed to obtain permission to remain in Australia” comes to an end.

But the judges warned that “release from unlawful detention is not to be equated with a grant of a right to remain in Australia”.

Labor to enact ‘preventive detention’ regime after high court reveals reasons for immigration ruling. By Paul Karp, The Guardian

Hysteria: Putting the 12 asylum seeker boat arrivals into context. By Abul Rizvi, P&I

While there is much hysteria from Peter Dutton and the Murdoch press associated with the 12 asylum seekers who recently arrived by boat (it’s a catastrophe apparently), there was less excitement about a new post-pandemic monthly record for primary asylum applications set in October at 2,322. That is now approaching the monthly record of over 2,700 asylum applications set when Peter Dutton was Minister. It seems asylum seekers arriving by boat are much more exciting than those who arrive by plane.

Hysteria: Putting the 12 asylum seeker boat arrivals into context. By Abul Rizvi, P&I

The pain for Labor on immigration detention is not over – especially if the Coalition and Greens team up. By Paul Karp, The Guardian

While their motivations are different, the opposition parties have the numbers to force an inquiry – and prolong the fallout from the high court decision.

… the bipartisan lock-step against some form of inquiry into detention could be about to be broken by the high court’s ruling this month that indefinite immigration detention is unlawful.

Suddenly the political dynamic is very different because the Albanese government is being attacked from left and right about its preparation for the decision and handling of the aftermath.

The Coalition has peppered Labor with questions about why conditions weren’t placed on visas from the moment 92 people in addition to the plaintiff were released; why legislation took a bit over a week to be presented and pass parliament; and why an even more draconian preventive detention regime wasn’t implemented.

The Greens come at the issue from a different perspective: human rights and trying to put a stop to the practice of indefinite detention altogether.

The pain for Labor on immigration detention is not over – especially if the Coalition and Greens team up. By Paul Karp, The Guardian

Another 45 people released due to high court ruling on indefinite immigration detention. By Paul Karp, The Guardian

O’Neil said the reason a “second cohort” had been released in addition to the initial 93 was that “we have received advice that this all needs to apply to people who have some kind of legal matter on foot with the commonwealth”.

“So for people, for example, who might be appealing an aspect of minister Giles’ decision-making – those people, we have been advised, we are also required to release.”

“The entire detention cohort has been assessed against the criteria,” she said. “What now awaits us is a period where the reasons for the decisions will be released by the high court.”

Another 45 people released due to high court ruling on indefinite immigration detention. By Paul Karp, The Guardian

Former home affairs secretary Michael Pezzullo sacked. The Guardian

Former home affairs secretary Michael Pezzullo sacked

Anthony Albanese has confirmed that the former home affairs secretary Michael Pezzullo has been sacked.

In a statement, Albanese says:

Earlier today the Governor-General in Council terminated the appointment of Michael Pezzullo as Secretary of the Department of Home Affairs.

This action was based on a recommendation to me by the Secretary of the Department of the Prime Minister and Cabinet and the Australian Public Service Commissioner, following an independent inquiry by Lynelle Briggs. That inquiry found breaches of the Australian Public Service Code of Conduct by Mr Pezzullo. Mr Pezzullo fully cooperated with the inquiry.

I thank Ms Briggs for conducting the inquiry.

Stephanie Foster will continue to act as Secretary of the Department until a permanent appointment is made.

Federal government to introduce funding to help police people released from immigration detention. By Chantelle Al-Khouri, ABC News

A joint operation between the Australian Federal Police (AFP) and Australian Border Force (ABF) — Operation AEGIS — will receive millions in funding, with the government claiming it will provide safety in the community.

The funding will include $150 million for the ABF to provide additional staff in "compliance, investigations, removal and surveillance functions", and $88 million for the AFP that will include funding to investigate breaches of visa conditions.

Federal government to introduce funding to help police people released from immigration detention. By Chantelle Al-Khouri, ABC News

Labor ‘cleaning up mess’ left by Peter Dutton on national security, Tony Burke says. By Amy Remeikis, The Guardian

The government will introduce laws into parliament this week which will give courts the power to strip dual nationals of their Australian citizenship if convicted of terrorism offences.

Dutton has made immigration and border security two of the biggest political issues since the high court decision was handed down this month, and has kept the government on the back foot with accusations it was unprepared for the ruling.

The home affairs minister, Clare O’Neil, accused Dutton of politicising national security for his own benefit.

Labor ‘cleaning up mess’ left by Peter Dutton on national security, Tony Burke says. By Amy Remeikis, The Guardian

Immigration detention: Rohingya refugee NZYQ given sex offender counselling sessions in ‘very special deal’. By Paul Karp, The Guardian

Alison Battisson, the director of Human Rights For All, said that “given the law says these people must be released, all the money [the government is] spending on extra-judicial monitoring would be better spent supporting them … to become functioning members of the community and overcoming the trauma of indefinite detention”.

Immigration detention: Rohingya refugee NZYQ given sex offender counselling sessions in ‘very special deal’. By Paul Karp, The Guardian

Australian authorities investigating Indonesian boat arrival in remote Western Australia. By Andrew Greene, Eddie Williams & Rosanne Maloney, ABC News

Authorities are investigating how a group of 12 people landed on a remote part of the West Australian coast after travelling by boat from Indonesia.

The ABC has confirmed Australian Border Force is yet to establish how the group got to the north-west of the Australian mainland without detection.

Australian authorities investigating Indonesian boat arrival in remote Western Australia. By Andrew Greene, Eddie Williams & Rosanne Maloney, ABC News

Twelve people in border force custody after arriving by boat on isolated section of WA coast. By Paul Karp, The Guardian

A group of people was detected at an isolated section of the northern Western Australian coast on Wednesday after arriving by boat, prompting Coalition accusations about resumption of dangerous boat journeys.

Guardian Australia has independently confirmed the group’s arrival, that they are now at Truscott airbase, and that ABF is planning to transfer them to Nauru. Truscott airbase in located on the Anjo Peninsula in the Kimberley.

Twelve people in border force custody after arriving by boat on isolated section of WA coast. By Paul Karp, The Guardian

Australia’s political opportunists have stoked hysteria and robbed refugees of their humanity. By Ian Macphee, The Guardian

Australia’s political leaders need to rebuild the way we think about refugees, around the world and here at home.

As Fraser’s former minister for immigration and ethnic affairs, Ian McPhee has watched with dismay the shift in Australian public attitudes to refugees over the past two decades.

Australia’s political opportunists have stoked hysteria and robbed refugees of their humanity. By Ian Macphee, The Guardian

Justice detained. By Denham Sadler, The Monthly

It’s not just in offshore detention centres that Australia’s cruelty to asylum seekers has been laid bare. It’s seen across the country’s immigration detention system, which is built around punishment and exploiting unfounded fears in the community. And this has been illustrated in recent revelations of police interference in the deportation decisions of the government, and in the knee-jerk reaction last week to the High Court’s decision on indefinite detention.

Justice detained. By Denham Sadler, The Monthly

Former detainee and advocate Behrouz Boochani on the continuing plight of refugees. Presented by Jo Trilling, ABC Radio Perth

Behrouz joined Jo Trilling on Drive to talk about the continuing plight of refugees and the High Court ruling last week which found it was unlawful to indefinitely detain people in immigration detention. 

"We should recognise that this system, that I call a dictatorship system towards refugees, damaged many people for many years." 

Former detainee and advocate Behrouz Boochani on the continuing plight of refugees. Presented by Jo Trilling, ABC Radio Perth

Where did all the money go? Tens of millions for PNG refugees disappear in months. By Michael Bachelard and Nick McKenzie, Sydney Morning Herald & The Age

The Home Affairs Department paid $80 million to Papua New Guinea’s government to look after the refugees left there when Australia’s offshore processing regime ended, but less than two years later that money has been spent.

Seven service providers to about 60 former Manus Island detainees are now threatening to stop looking after the men entirely, including the Pacific International Hospital, which provides mental and physical health services.

A letter from the service providers to PNG’s Chief Immigration Officer, Stanis Hulahau, threatens to stop all accommodation, transport, security, food vouchers and immigration advice to the men from November 23 if the PNG government does not pay outstanding invoices.

The letter says the providers have “grave concerns regarding the ongoing viability” of the country’s refugee humanitarian program.

“We regret the necessity of such action,” says the letter, which was dated last week but only made public on Thursday, “but the many assurances we have received of payment being imminent has not yielded any result.”

The threat comes amid a dispute between Australia’s Home Affairs Department and the PNG government over who is responsible for funding the ongoing needs of the former Manus Island refugees.

The amount paid by Australia has never previously been disclosed, but sources who have knowledge of the details but are not authorised to speak publicly confirmed it was $80 million.

The money is part of hundreds of millions of dollars questionably distributed as part of Australia’s offshore detention program, and the revelation will put more pressure on the Albanese government as it digests a scathing secret report by ex-spy chief Dennis Richardson into the Home Affairs Department’s large-scale mishandling of contracts.

This masthead [The Age/SMH] has already reported extensively on allegations of corruption in the offshore processing system, including that offshore processing contractor Paladin paid millions of dollars to a businessman who was associated with allegedly corrupt PNG officials as well as the Comanchero outlaw motorcycle gang.

In a statement, the Home Affairs Department said the Australian taxpayers’ money had been paid out in full by June 2022 to deal with what it called the “residual caseload” of refugees after the decade-long regional resettlement arrangement with Papua New Guinea formally ended on December 31, 2021.

The amount, which was part of a confidential agreement between the two countries, was enough to manage all the individuals in PNG to “self-sufficiency” and the “arrangement does not envisage ongoing funding”, the Home Affairs statement said.

The arrangement, made under former home affairs minister Karen Andrews, allowed “flexible budget management by PNG”, the statement said.

It was sufficient to settle people who wanted to live permanently in PNG or send others to third countries, it said.

A refugee who spent much of the past decade on Manus Island and is now living in Port Moresby said, “I think things will get much worse” if the service providers made good on their threats.

“It is getting very stressful in here,” said the man, who asked to remain anonymous to speak freely about his situation.

“Some people are not feeling well. There are people here who are totally out of their mind, mental issues, and if they kick them out from the accommodation I don’t know where they will end up.”

Asked about Australia’s role he said: “I like Liberal because they’re not hypocrites – we know they hate us and do not want to help us. Labor is full of hypocrites. They say ‘we’re humanitarian’, but it’s been a year and we’ve got almost nothing.”

PNG official Hulahau has previously said the money from Australia had run out.

“If Australia wants the refugees to continue to remain in Papua New Guinea, then they have to fund the program, or we will shut the program and send the refugees back to Australia to manage,” he told The Guardian last month.

He has also previously denied there was any corruption in the government program. Hulahau was approached for comment about the latest threat from the service providers.

The Home Affairs statement said Australian and PNG officials were in discussions about the issue.

The hospital alone claims to be owed almost $40 million, and the seven service providers say in their letter they had not been paid since November 2022, only months after Australia says the final tranche of the funds was paid.

Refugee Action Coalition spokesman Ian Rintoul said it was Labor’s responsibility to fix the issue.

“Home Affairs Minister Clare O’Neil must act to provide the funds needed to support Australia’s refugees, even if she has to fund the service providers directly.”

A whistleblower within the PNG Immigration and Citizenship Services Authority recently claimed the residual program, the PNG Humanitarian Program, had been corrupted, prompting the country’s Deputy Prime Minister and Immigration Minister, John Rosso, to order an audit of the authority’s spending.

Where did all the money go? Tens of millions for PNG refugees disappear in months. By Michael Bachelard and Nick McKenzie, Sydney Morning Herald & The Age

The 12-hour rush to push through laws concerning the end of indefinite detention was alarming in its chaos. By Laura Tingle, ABC News

In the space of 12 hours on Thursday, the Australian Parliament passed legislation about what remains, to the public, a largely ill-defined and unknown group of people — but variously described by some of our MPs as "hardened criminals" and "absolute animals" — in a legislative exercise alarming in its chaos and deeply concerning in its origins.

The 12-hour rush to push through laws concerning the end of indefinite detention was alarming in its chaos. By Laura Tingle, ABC News