A man charged with indecently assaulting a woman at an Adelaide motel less than a month after he was released from immigration detention will spend another six weeks behind bars.
Key points:
- Aliyawar Yawari has been remanded in custody for a further six weeks
- He was a Yongah Hill Immigration detainee who was released after a High Court ruling
- He is accused of indecently assaulting a woman at an Adelaide motel
Aliyawar Yawari appeared via video link in the Adelaide Magistrates Court on Wednesday charged with two counts of indecent assault.
The 65-year-old, who has a previous conviction, was arrested in December last year, after a report that a woman had been indecently assaulted by a guest at a motel at Pooraka in Adelaide’s north.
The alleged assault occurred three weeks after Mr Yawari was released from Yongah Hill Immigration Detention Centre in Western Australia.
He was one of 148 people, some of whom are criminals, who were released in response to last year’s High Court ruling that indefinite detention is unlawful where there is no prospect of offenders being deported in the “reasonably foreseeable future”.
Police have previously said Mr Yawari was arrested while wearing a bracelet monitored by federal authorities, and was in a place he was entitled to be in.
On Tuesday, Magistrate Oliver Koehn remanded Mr Yawari to custody for another six weeks until a scheduled pre-trial conference at the Elizabeth Magistrates Court.
Mr Yawari appeared agitated while addressing the court in Persian from the Adelaide Remand Centre.
Outside court, his translator told reporters that his client said that he was diabetic and was experiencing breathing difficulties.
Two more former immigration detainees back in custody
On Saturday, another former immigration detainee was arrested in western Sydney after being released following last year’s High Court ruling.
The 45-year-old Afghan national was taken into custody in Merrylands on Saturday for allegedly failing to comply with his visa-mandated curfew.
He will front court later this month.
Meanwhile, an Iranian man was arrested and charged at a Perth property, also accused of breaching his curfew.
Both men are among about half a dozen former detainees who have returned to custody since the landmark High Court judgement.
The Federal Government has previously said its preference would have been not to release any of the detainees.
Last month, the Senate passed preventative detention laws, allowing the Home Affairs or Immigration Ministers to apply to a court for a three-year detention order or supervision order for a person who has been convicted of certain violent or sexual offences either in Australia or overseas, and who poses an “unacceptable risk” of committing a similar offence in the future.
The orders would be reviewed each year, with the court given the power to reissue fresh orders every three years.
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