A recommendation by the president of the Australian Human Rights Commission that an Indonesian refugee and convicted killer be allowed back into the community has been described by Prime Minister Tony Abbott as "extremely questionable judgment".
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The commission's decision, made in June last year by Professor Gillian Triggs, recommended that 51-year-old John Basikbasik should to be placed in community detention or another "less restrictive" detention, based on the prohibition of arbitrary detention from the International Covenant on Civil and Political Rights.
The government rejected the commission's ruling, which has been reported by The Australian this week, and Basikbasik remains in immigration detention.
A former West Papuan activist, Basikbasik was jailed for seven years in 2000 after being found guilty of manslaughter of his de facto partner. He has been repeatedly denied a protection visa.
Last year, he made a formal complaint to the Australian Human Rights Commission, saying he was being arbitarily held in detention.
In the June report Ms Triggs wrote: "In light of my findings regarding the act of the Minister in failing to place Mr Basikbasik in a less restrictive form of detention than in an immigration detention centre, I recommend that the Commonwealth pay compensation to Mr Basikbasik in the amount of $350,000".
On Thursday, Mr Abbott told reporters that it was a "bizarre ruling" from the Human Rights Commission.
"I think it shows what can best be described as extremely questionable judgment," Mr Abbott told reporters in South Australia.
"The Human Rights Commission does have an important role to play, but decisions like this do tend to shake people's confidence."
In her judgment, Ms Triggs wrote that there was no information before her to indicate that the Commonwealth considered whether any risk that Basikbasik posed to the community could be mitigated by a management plan to assist with his rehabilitation or by a requirement to reside at a specified location, with curfews, travel restrictions or regular reporting.
"It does not appear that it was necessary to detain Mr Basikbasik in an immigration detention centre," she said.
This is not the first time the Abbott government has clashed with Ms Triggs. During the Commission's inquiry into children in detention, Ms Triggs had a fiery exchange with then-immigration minister Scott Morrison over the conditions on Christmas Island in August.
Then in November, Ms Triggs was questioned in Senate Estimates about the timing of the Commission's inquiry, which began when the Abbott government came into power, and not the previous Labor government.
The findings of the inquiry are due to be released early this year.
Professor Triggs is on leave and is unable for comment.
