By Rod Mcguirk
Australia’s highest court ruled Wednesday that migrants can’t be forced by law to wear electronic tracking bracelets or to comply with curfews.
The ruling is a blow to the government, whose lawyers have unsuccessfully argued that laws imposing curfews and tracking technology are justified to protect the community.
Five of the seven High Court judges ruled that the tough restrictions placed on more than 100 migrants, usually because of their criminal records, were unconstitutional because the conditions amounted to punishment. The constitution states that punishment must be imposed by judges, not lawmakers.
The restrictions were part of emergency laws hastily passed in December in response to another High Court ruling that non-citizens could no longer be detained indefinitely as an alternative to deportation. That ruling in the case of a stateless Rohingya man reversed a 28-year-old High Court precedent that allowed indefinite detention where there were security concerns.
Wednesday’s ruling means the government
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