Asylum seeking criminal vanishes after being released from immigration detention - while four others refuse to wear ankle monitoring devices

Four asylum-seeking criminals released from immigration detention have refused to wear ankle monitoring devices, while one has gone missing.

The Australian Federal Police is unable to contact one of the detainees not wearing a device and is refusing to specify what crimes they have committed.

The government has confirmed that 141 people have been released from indefinite detention since the High Court handed down its landmark NZYQ decision earlier this month, overturning 20 years of precedent.

The ruling found that indefinite detention was unlawful, with three murderers and several sex offenders among those now among the public.

After the decision, the Albanese government and the Opposition rushed through emergency legislation that enforces strict monitoring requirements, including ankle bracelets, on those released from detention. 

Of the 138 detainees, 132 are wearing the bracelets, two cases are being worked through due to health concerns and four have outright refused to wear them. 

Australian Border Force Commissioner Michael Outram on Monday said the four who refused to wear the monitoring devices have been deemed 'lower risk' in terms of the scale of offences but will still be investigated.

An AFP spokesperson said they had 'no comment'.

Government Services Minister Bill Shorten said he had 'no doubt' police would 'find the fellow'. 

It comes as its revealed the ABF did not have the electronic monitoring devices to fit on detainees after the monitoring requirement laws were introduced.

'When this law was passed in the Parliament, ABF did not own an electronic monitoring bracelet and had never fitted one before,' Home Affairs Minister Clare O'Neil said.

The Coalition's home affairs spokesman James Paterson said the latest revelation confirmed it had been a 'total debacle from the Albanese government from start to finish'.

'What really needs to happen now is pass new laws which can re-detain at least the highest risk criminal offenders among the cohort, which includes rapists, murderers, pedophiles, and at least one contract killer,' he said on Tuesday.

He said those higher-risk detainees could be made subject to similar laws that exist for terrorists.

'You can't put them back into immigration detention indefinitely, but you can pass new laws to apply to a court to put them in jail because of the risks that they pose to the community,' he explained.

'We do that with terrorist offenders, there is no reason why we couldn't do it with these offenders based on the risk that they pose to our community.'

Meanwhile, the High Court on Tuesday will release its reasons for releasing over 100 refugees from infinite detention - specifically why it decided to free a detainee known as NZYQ who has been convicted of child rape.

The court is expected to release its findings just after 2pm.