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Feb 13, 2026

Second Electronic-Monitoring Prosecution: Somalia-Born Man Charged in Melbourne

Second Electronic-Monitoring Prosecution: Somalia-Born Man Charged in Melbourne
Just 30 minutes after the Perth case was filed, the AFP confirmed a parallel prosecution in Melbourne. A 31-year-old Somalia-born man was arrested on 11 February and charged on 12 February 2026 with 15 offences under sections 76C and 76D of the Migration Act, including failing to maintain his electronic-monitoring device and breaching visa-imposed curfews.

The offences mirror those levelled in Western Australia but carry distinct elements: section 76D(3) addresses deliberate tampering or negligence that renders tracking devices inoperative, while section 76C(1) covers curfew non-compliance. Each count also attracts up to five years’ imprisonment and AUD 99,000 fines.

Second Electronic-Monitoring Prosecution: Somalia-Born Man Charged in Melbourne


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The defendant appeared before Melbourne Magistrates’ Court, where prosecutors argued that repeated device failures undermined community-safety assurances given when he was released from immigration detention. The magistrate adjourned bail consideration pending a technical report on the monitoring equipment.

The back-to-back prosecutions underscore a nationwide AFP/Home Affairs taskforce created in December to enforce newly legislated monitoring provisions after the High Court’s NZYQ decision. Companies assisting with settlement services for former detainees should review client compliance training and consider liaison with the AFP’s Community Liaison Team to clarify obligations.
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