The federal government has rushed through new laws that would skirt around the High Court decision.
Under the proposal, formerly detained immigrants could still be subject to curfews and electronic monitoring bracelets if the minister is satisfied that they pose a "substantial risk" of harming the Australian community by committing a serious offence.
Prior to the ruling, these measures were automatically imposed on all detainees unless the minister decided otherwise.
Immigration Minister Tony Burke introduced new legislation to skirt around a High Court ruling. (Mick Tsikas/AAP PHOTOS)
Immigration Minister Tony Burke introduced the new legislation to the House of Representatives on Thursday.
"The decision of the High Court yesterday is not the one the government wanted, but it is one we prepared for," he said.
"These visa conditions are designed to protect the community, not as a punitive measure."
The measures stemmed from legislation forced through Parliament in 2023 after a High Court decision that deemed indefinite detention unconstitutional.
The ruling led to the release of 215 immigration detainees, and as of mid-October, 126 of them were subject to a strict curfew from 10pm to 6am and 143 were forced to wear ankle bracelets.
But on Wednesday, the High Court ruled these initiatives were illegal.
They breached the separation of powers between the courts and the government, as only the judiciary can administer criminal punishment.
The stateless Eritrean who launched the legal bid, known by the pseudonym YBFZ, had been charged with six offences for failing to comply with curfew and monitoring.
Their lawyer said ankle bracelets had caused a real psychological and emotional burden.
The government had new regulations ready to go after preparing for every possible court outcome, Mr Burke said.
The court decision is another "embarrassing defeat" for the Labor government, opposition home affairs spokesman James Paterson said.
"The Australian people will be looking for reassurance today that the Albanese government is ready to act to protect them," he told reporters in Canberra.
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