By Tess Ikonomou in Canberra

THE Albanese government is confident a missing immigration detainee, who refused to wear an electronic tracker, will be found.

An uncontactable detainee has been referred to the Australian Federal Police, following their release.

Under a deal brokered with the coalition, the government agreed to mandatory monitoring of the released detainees, but five of the 141 people have refused to wear ankle bracelets.

Cabinet minister Bill Shorten said he was in “no doubt” the federal police will find the missing person.

“We don’t comment on individual matters,” he told Nine’s Today on Tuesday.

“As I understand, 132 detainees agreed to wear bracelets.

“Five didn’t, they were referred to the AFP.”

The AFP declined to comment.

Opposition immigration spokesman Dan Tehan said the government wasn’t being transparent about the missing detainee.

“The government doesn’t know their whereabouts, won’t provide the Australian public with any information about that person,” he told ABC radio.

“They don’t know where they are… this just goes from bad to worse when it comes to this government.”

Meanwhile, the High Court will on Tuesday afternoon reveal the reasoning behind its decision to overturn a 20-year precedent.

The court found indefinite immigration detention was unlawful.

The saga has led to the government stumping up $255 million for enforcing strict visa conditions on the released detainees.

Some of the detainees are convicted murderers, rapists, and have committed sexual offences against children.

Asylum seekers and refugee advocates are demanding the government hold a royal commission into immigration detention.