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Immigration reports tabled in Parliament 29 March 2006

The summaries below are to assist site users only, for a complete record of the reports and recommendations please refer to each report. Please note that all abbreviations used in the summaries are spelt out in full within the reports.
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Minister's tabling statement - 29 March 2006

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Immigration report 017/05

33 year old Bangladeshi man, not recognised by Bangladesh, in detention for six years; with Major Depression, anxiety, PTSD, health issues and psychiatric hospitalisation. Review / courts: RRT/AAT/FC/FFC/ UN Human Rights Committee - Interim Measures Request.
Ombudsman’s recommendation: Not to be returned to immigration detention; urgently draws Minister’s attention to consideration of her discretion under s 501 J; that a permanent visa be considered; DIMA to consider ongoing mental health support.

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Immigration report 018/05

61 year old Vietnamese man in detention for two years; with severe depression, chronic pain and a risk of self-harm. Removal delays. Review / courts: RRT.
Ombudsman’s recommendation: If there are any further delays on decision to remove or to grant a visa, that a RPBV be considered.

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Immigration report 019/05

45 year old PRC man detained for three years; with depression, self-harm history and psychiatric hospitalisation. Removed.
Ombudsman’s recommendation: None. Concern expressed over delays in removal.

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Immigration report 020/06

42 year old PRC man in detention for four years, who has a personal injury claim against DIMA and the (then) detention provider, ACM. Review / courts: RRT/MRT.
Ombudsman’s recommendation: DIMA clarify personal injury claim; if removal deferred, consider release on a RPBV.

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Immigration report 021/06

34 year old Vietnamese man (17 years in Australia) in detention for three years; drug dependence and criminal convictions. Visa expired (s 501 similarities). Review / courts: RRT/MRT/FMC/FFC.
Ombudsman’s recommendation: Consider release on a RPBV while awaiting s 501 report.

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Immigration report 022/06

41 year old PRC man in detention for two years; with health issues. Removal delays. Review / courts: RRT/FMC.
Ombudsman’s recommendation: That a RPBV be considered; that a decision on s 417 request is expedited.

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Immigration report 023/06

46 year old Vietnamese man (16 years in Australia) in detention for three years; with depression, self-harm risk and psychiatric hospitalisation. His criminal conviction led to a s 501 visa cancellation. Consideration of the best interests of children. Review / courts: RRT/FC/FFC/HC.
Ombudsman’s recommendation: That s 501 cancellation be reconsidered; that a RPBV be considered.

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Immigration report 024/06

34 year old Vietnamese man in detention for three years; with depression and self-harm risk. His wife and children are Australian; his criminal convictions led to a s 501 visa cancellation. Consideration of the best interests of children. Review / courts: RRT/FC/FFC/HC.
Ombudsman’s recommendation: That the s 501 cancellation be reconsidered; that a RPBV be considered.

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Immigration report 025/06

35 year old PRC man in detention for two years; his two children born in Australia. China’s One-Child Policy and former Falun Gong practitioner. Review / courts: RRT/MRT/FMC.
Ombudsman’s recommendation: None. If there are delays in removal that a RPBV be considered and also, RPBV’s be considered for family.

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Immigration report 026/06

29 year old Vietnamese man (16 years in Australia) in detention for two years; his drug dependence and criminal convictions led to a s 501 visa cancellation. Consideration of the best interests of children. Review / courts: FMC/FFC/HC.
Ombudsman’s recommendation: Don’t remove at present; that, pending s 501 report, a RPBV & release into community be considered.

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Immigration report 027/06

44 year old Sri Lankan man in detention for two years; with possible psychiatric illness. His criminal convictions for sex offences led to a s 501 visa cancellation. Review / courts: RRT/FC.
Ombudsman’s recommendation: None. Suggest psychiatric review and for further Ombudsman’s review if he remains in detention.

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Immigration report 028/06

33 year old Bangladeshi man in detention for five years; with Major Depression, self-harm risk and psychiatric hospitalisation. Review / courts: RRT/FC/FFC/ UNHRC - Interim Measures Request.
Ombudsman’s recommendation: Release on a RPBV or Residence Determination while immigration status is determined; that a permanent visa be considered.

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Immigration report 029/06

34 year old PRC man in detention for three years; with anxiety/sleep disturbances. Wrote articles about Falun Gong. Delays in removal. Review / courts: RRT.
Ombudsman’s recommendation: If removal further delayed, release on a RPBV.

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Immigration report 030/06

53 year old Pakistani man in detention for two years; he made a false PV application. Review / courts: RRT/FC/FFC/HC.
Ombudsman’s recommendation: That decisions on s 48B and s 195A submissions are expedited; that a RPBV be considered.

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Immigration report 031/06

43 year old Iranian man detained for five years; with Major Depression, PTSD, and diabetes. Granted a Refugee Visa in 1991, his wife and children are in Australia. Drug offences led to deportation order under s 200. Awaiting FFC appeal. Review / courts: RRT/AAT/FC/FFC.
Ombudsman’s recommendation: That the deportation order be reconsidered, DIMA to consider what psychiatric support it will provide if he is released. NOTE: Subsequently released from detention.

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Immigration report 032/06

59 year old PRC (Hong Kong) man in detention for three years; with diabetes. In Australia for 19 years. Review / courts: IRT/RRT.
Ombudsman’s recommendation: That, while removal issues are resolved, a RPBV be considered.

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Immigration report 033/06

44 year old Indian man in detention for three years; with depression and psychosomatic problems. Review / courts: RRT/FMC/FC.
Ombudsman’s recommendation: None; pending review by the Ombudsman in the next reporting period.

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Immigration report 034/06

26 year old PRC man in detention for two years; with sleep problems. Falun Gong practice and PRC Consular visit. Review / courts: awaiting review by the RRT.
Ombudsman’s recommendation: That, while immigration & removal issues are resolved. a RPBV be considered.

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Immigration report 035/06

64 year old PRC man in detention three years. Removal delay, Falun Gong practice, PRC consular visit. Review / courts: RRT/MRT.
Ombudsman’s recommendation: That, while removal issues are resolved, a RPBV be considered.

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Immigration report 036/06

47 year old Afghani man in detention six years; with Major Depression, PTSD and anxiety. His wife and three children are now Australian citizens. Review / courts: AAT/FC/FFC, PV application proceeding.
Ombudsman’s recommendation: Release from detention, DIMA considers and documents mental health support for the family.

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Immigration report 037/06

52 year old PRC man in detention for two years. Falun Gong practice and PRC Consular visit. Review/courts: RRT/FMC/FC.
Ombudsman’s recommendation: That a decision on the s 417 application is made.

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Immigration report 038/06

41 year old Laotian born Vietnamese man in detention for two years; his wife and child are Australian citizens. His drug trafficking and assault convictions led to a s 501 visa cancellation. Consideration of the best interests of child. Review/courts: FC/FFC/HC.
Ombudsman’s recommendation: DIMA assess support for wife and child post husband’s removal.

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Immigration report 039/06

29 year old PRC man in detention for two years. Falun Gong practice. Review/courts: RRT/FMC.
Ombudsman’s recommendation: That s 417 and s 48B requests are expedited; that, while his immigration status and removal issues are resolved, an appropriate visa be considered (with reporting and surety provisions).

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Immigration report 040/06

36 year old man in detention for five years; with possible delusional disorder, self-harm risk, depression with agitated symptoms, nightmares and insomnia. DIMA has attempted removal twice. Review/courts: RRT/FMC/FFC/UNHRC.
Ombudsman’s recommendation: That DIMA review and consider application of removal policy; that to facilitate release, a BV with work rights, be granted; that a Protection Visa be considered.

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Immigration report 041/06

50 year old PRC woman in detention for five years; with depression and self-harm risk. Wanted by PRC for financial crimes. Review/courts: RRT/FC/FFC/HC/UNHRC.

Ombudsman’s recommendation:

For alternative (community) detention; that s 417 and UNHRC requests are expedited; DIMA to seek assurances from PRC authorities that this person will not be executed.

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Immigration report 042/06

53 year old PRC man detained for two years; removed. Falun Gong practice and PRC Consular visit. Review/courts: RRT.
Ombudsman’s recommendation: None. Concern expressed over delays in removal.

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Immigration report 043/06

37 year old PRC man, a permanent resident with 20 years in Australia. In detention for three years; with Borderline IQ, Conduct Disorder and depression; immediate family are Australian citizens. His 16 years gaol for burglary and sexual offences led to a s 200 and s 201 deportation order. Review/courts: AAT/FC/FFC.
Ombudsman’s recommendation: DIMA adhere to policy of not detaining a person in a correctional facility except as a last resort; DIMA maintain effective intervention for detainees in correctional facilities; DIMA to seek assurances from PRC that the death penalty will not be applied once person is removed to PRC.

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Immigration report 044/06

35 year old North Korean born woman, PRC citizen, in detention for two years. Review/courts: None
Ombudsman’s recommendation: None. Delays in removal considered appropriate due to circumstances.

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Immigration report 045/06

42 year old PRC man in detention for three years; with depression and self-harm risk. Baptised as a Christian in 2002. Review/courts: RRT/FMC.
Ombudsman’s recommendation: That a s 48B request is expedited; that, while immigration status and removal issues are resolved, a RPBV be considered.

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Immigration report 046/06

45 year old man in detention for two years; with depression and dental health concerns. His wife and two (of three) children are Australian citizens. Criminal convictions. Review/courts: AAT/FC.
Ombudsman’s recommendation: Release from detention pending judicial review of PV application; that a permanent humanitarian visa be granted to man, and to his (non Australian citizen) son.

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Immigration report 047/06

27 year old PRC man in detention for two years; with depression. He has significant community support. PRC Consular visit. Review/courts: RRT/FMC/MRT.
Ombudsman’s recommendation: That, on humanitarian grounds, a substantive visa be considered; that, pending determination of immigration status, a RPBV be considered to allow release from detention.

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Immigration report 048/06

48 year old PRC woman in detention for three years, with emotional stress. Review/courts: RRT/FMC matter outstanding. PRC Consular visit and removal delays.
Ombudsman’s recommendation: That, while removal and immigration status issues are resolved, a RPBV be considered (with appropriate reporting conditions).

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