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Immigration reports tabled in Parliament 9 May 2007

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 - 9 May 2007

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Immigration report 126/07

45 year old PRC citizen in detention for two years; Depression and SASH; hospitalisation for dehydration. Identity issues. Review / courts: RRT/FC.
Ombudsman’s recommendation: That the Minister consider a Residence Determination or release on a BV while her immigration status is resolved; DIAC to consider providing ongoing medical support if she is released into the community; DIAC to closely monitor the impact of removal plans upon her mental health and wellbeing and also in relation to completing a fitness to travel assessment.

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Immigration report 127/07

26 year old citizen of Nepal detained for two years; student visa cancelled due to unsatisfactory progress (Uddin case affected); Review/Courts: RRT/FMC.
Ombudsman’s recommendation: No recommendation made but if removal delayed, the Ombudsman may have to later consider the impact of detention on his health.

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Immigration report 128/07

38 year old citizen of Iran detained for five years, major depression and PTSD. Review/courts: RRT/FC/FFC/HC (refused). Granted a TPV.
Ombudsman’s recommendation: Minister consider waiving waiting period to allow an application for a permanent visa; DIAC to consider what ongoing medical and casework support it can provide.

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Immigration report 129/07

77 year old PRC citizen detained for two and a half years. Review/Courts: RRT/FC/ HC (discontinued). Physical health problems. Released on a Global Special Humanitarian Visa.
Ombudsman’s Recommendation: No formal recommendations, however noted that it may have been appropriate to release her earlier on a visa, particularly in regards to her health needs.

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Immigration report 130/07

36 year old citizen of Nigeria in detention for over two and a half years; identity issues; PV application rejected and affirmed by RRT; removal imminent. Review / courts: RRT.
No recommendation by Ombudsman.

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Immigration report 131/07

40 year old citizen of Spain detained for three and a half years over two periods. Criminal history and s 501 visa cancellation, Australian children in the community. Review/Courts: FC/ FFC.
Ombudsman’s Recommendation: That consideration of his case be conducted in accordance with the improved s 501 visa cancellation processes that DIAC is implementing, especially in regards to the best interests of his children.

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Immigration report 132/07

24 year old citizen of Afghanistan, Hazara ethnicity, detained for nearly five years. Identity and nationality issues. Major depression & PTSD; Hepatitis B and C. Review/Courts: RRT /FC / FFC.
Ombudsman’s Recommendation: That the Minister consider waiving the waiting period for a permanent PV application.

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Immigration report 133/07

Combined second, third and fourth report, previous report # 33/06; 46 year old citizen of India; detained for nearly five years; Behavioural management plan; no impediments to removal except lack of cooperation and inability to obtain travel documents.
Ombudsman’s Recommendation: That an alternative to immigration detention now be considered.

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Immigration report 134/07

Combined second, third and fourth report, previous report # 17/05; 35 year old citizen of Bangladesh, not recognised by Bangladesh, in detention for six years; with Major Depression, anxiety, PTSD, health issues and psychiatric hospitalisation; UNHRC issues; community detention.
Ombudsman’s recommendation: The Ombudsman considers that the case for granting Mr X a permanent visa has strengthened since report 17/05; urgently draws Minister’s attention to consideration of his discretion under s 501 J to grant a permanent visa; DIMA to continue assistance in support of Mr X’s physical and mental health.

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Immigration report 135/07

Combined second, third and fourth report, previous report # 10/05; 63 year old; in immigration detention for over five years; Review / courts: RRT/FC.
Ombudsman’s Recommendation: That he be granted an appropriate visa (with appropriate safeguards) and be released while his immigration status is resolved.

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Immigration report 136/07

54 year old PRC citizen detained for over four years; PRC Consular visit and DIAC review; mild depressive symptoms, paranoid thoughts, anxiety. Review/Courts: RRT/FMC.
Ombudsman’s recommendation: Minister consider alternative detention arrangements, or consider granting Mr X a suitable visa with work rights. DIAC to consider ongoing case management and mental health support.

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Immigration report 137/07

57 year old PRC citizen detained for just over two years; Falun Gong practice; Review/Courts: RRT/FMC. Granted a PV.
No recommendation by Ombudsman.

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