Community Protection Board

In November 2023 the High Court judgement known as NZYQ found that unlawful non-citizens cannot continue to be kept in immigration detention for the purpose of their removal from Australia once there is no real prospect of their removal becoming practicable in the reasonably foreseeable future. Individuals who are ‘NZYQ-affected’ are released from immigration detention on a Bridging Visa (Pending Removal) (BVR). In December 2023, the ABF established the Community Protection Board to provide informed, impartial and evidence-based recommendations about the most effective management strategies for these individuals required to be released from detention. The Board is chaired by an ABF Assistant Commissioner and is comprised of eminent Australians from the fields of law enforcement, corrections, academia, mental health, clinical psychology and the community and multicultural sector – as well as senior representatives of the ABF and Department. Recommendations from the Board assist the Minister or Delegate to decide whether it is reasonably necessary to impose each or any of the discretionary visa conditions for the protection of any part of the Australian community. To inform their recommendations, the Board considers information including but not limited to criminal offending, the circumstances of each offence, sentencing remarks, behaviour in prison and/or detention, immigration history, medical history including mental health, security information and any information provided by the individual. Community safety is the Board’s highest priority.