Liberal MP Dan Tehan has raised concerns over the potential release of more criminals into the Australian community, sparking a heated exchange with the Albanese government.

Tehan's demand for answers comes amid the fallout from a significant legal decision that overturned a longstanding precedent.

The decision, stemming from the NZYQ case, asserted that individuals couldn't be held in immigration detention indefinitely without a realistic chance of deportation.

As a result, 149 detainees were released, prompting Tehan to claim that the number could double, leading to a total of 300 criminals being freed into society.

Tehan's statements, made on Sky News' AM Agenda, questioned the government's handling of the situation and demanded transparency regarding the legal advice received.

In response, Immigration Minister Andrew Giles reiterated the government's stance on prioritising the removal of individuals and claimed an intention to vigorously defend their position in the upcoming High Court case.

Despite the government's reassurances, concerns persist over the potential impact of the legal battle on Australia's immigration detention system.

Shadow finance minister Jane Hume criticised the government's handling of the situation, accusing Giles of incompetence and alleging a loss of control over border security.

Hume also highlighted the government's failure to utilise preventative detention laws passed with bipartisan support following the court's decision.

The ongoing debate underscores the complex challenges facing Australia's immigration system and the political tensions surrounding border control policies.