On November 6, 2024, the High Court of Australia ruled in favor of an Eritrean refugee, declaring that the government's imposition of ankle bracelets and curfews on former immigration detainees is unconstitutional.

The court's decision, supported by five out of seven judges, emphasized that these restrictions equate to punishment, which should only be determined by judges, not lawmakers.

As a result of the ruling, the government can no longer electronically monitor over 200 non-citizens with criminal records who have been released but cannot be deported.

YBFZ's lawyer, David Manne, hailed the verdict as a significant victory for individual freedoms and the rule of law, reinforcing that the government cannot strip people of basic rights without due process.

The ruling is seen as a setback for the Australian government, which argued that such measures were necessary for community safety.

This decision poses a significant challenge for Prime Minister Anthony Albanese and Home Affairs Minister Tony Burke, who now face pressure to respond swiftly.

In response, Home Affairs Minister Tony Burke announced plans to introduce new legislation to Parliament aimed at revising the processes for electronic monitoring and curfews.

Opposition lawmakers criticized the ruling as an embarrassing defeat for the government, expressing concerns about the potential release of dangerous offenders without monitoring.

The ankle bracelet and curfew measures were initially included in the legislative response to a prior High Court ruling, which the Coalition now seeks to distance themselves from.

These restrictions were part of emergency laws enacted in December 2023, following a High Court decision that prohibited the indefinite detention of non-citizens.

If new legislation is proposed, it cannot be enacted until at least November 18, as the Senate is not in session this week.

The case was initiated by YBFZ, a stateless Eritrean man whose refugee status was revoked due to a criminal record, including burglary and assault.