The Australian Human Rights Commission has defended judicial changes that have seen a convicted child rapist return to the community, arguing that he has served his sentence.

A High Court ruling on Wednesday found the Federal Government could be held liable for compensating those held in indefinite immigration detention, even if their home countries refuse to take them back.

AHRC President Rosalind Croucher told Gary Adshead on 6PR Mornings there is no legal ground for keeping convicts in detention post-time served, even if their crimes are heinous.

“He was in immigration detention longer than the full time of the sentence our criminal courts imposed for the crimes, but the risk someone like this could pose to the Australian community is an entirely legitimate question,” Professor Croucher said.

Press PLAY to hear more about what the High Court decision means