An immigration detainee released after a High Court ruling and then arrested by police for breaching curfew conditions has been freed on bail to a hospital because he is "acutely unwell".
Temesgen Tsegay Gebreyonas, 36, was arrested on December 8 for allegedly breaching curfew requirements on his commonwealth bridging visa.
He was one of about 150 detainees who were released back into the community in November, after the High Court's landmark ruling that indefinite immigration detention was illegal.
Gebreyonas faced Melbourne Magistrates Court by video link from prison on Wednesday, where his lawyer Amy Brennan applied for bail due to his deteriorating mental health.
She said he was "acutely unwell and seeking to navigate a new and complicated system" since being released from detention and then arrested.
Prosecutors tried to attach bail conditions, including that he wear an electronic monitoring device, abide by a curfew and have a fixed address, despite those requirements already being attached to his bridging visa.
"The accused was released from immigration detention and within two weeks he's breached one of the visa conditions," the prosecutor told the court.
"That does demonstrate the accused does have a tendency to disregard certain orders."
The magistrate allowed Gebreyonas' release on bail to Royal Melbourne Hospital for mental health assessment, and ordered he must comply with the conditions on his visa.
"You'll be released and taken to hospital today, you'll need to remain there as long as the hospital staff say so," the magistrate told Gebreyonas.
He will return to court on January 25.
