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Immigration reports tabled in Parliament 13 February 2008

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—13 February 2008

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Immigration report 221/07

Sri Lankan citizen aged 36 detained for two and a half years; Major Depressive Disorder, Somatization Disorder and narcissistic personality traits. Convicted of people smuggling. Review/Courts: AAT/RRT/FMC/FFC. Granted a RPBV.
No recommendation by the Ombudsman.

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Immigration report 222/07

PRC citizen aged 38 in detention for three years; with symptoms of PTSD and melancholic depression with suicidal ideation. Review/courts: RRT/FMC/MRT. Identity issues, PRC Consular visit May 2005.
Ombudsman’s recommendation: That DIAC obtain an independent psychiatric assessment and take this advice into account in determining what detention arrangements or visa measures may be appropriate while removal processes are undertaken. That a decision be made on the s 417/48B application as soon as possible.

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Immigration report 223/07

PRC citizen aged 55 in detention for two years. Depression; hospitalised with cellulitis in mid-2006. Review/Courts: MRT/RRT/FMC. For removal.
No recommendation by the Ombudsman.

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Immigration report 224/07

New Zealand citizen aged 31, resided in Australia for 21 years, in detention for two years; depression, anxiety and polysubstance dependence. Section 501 Review; best interests of a child. Review/Courts: AAT/FC. For removal.
No recommendation by the Ombudsman.

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Immigration report 225/07

Indian citizen aged 63 in detention for four years - with nine months concurrent criminal detention; symptoms consistent with Major Depression, auditory hallucinations. Review/courts: RRT/HC/FMC/MRT/FFC.
No recommendation by the Ombudsman.

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Immigration report 226/07

Foreign national aged 41 detained for two years; features of Major Depression. Alleged breach of privacy by DIAC. Assaulted in an IDC. Review/Courts: MRT/RRT/FMC/FFC. Released on BV.
Ombudsman’s Recommendation: That consideration be given to ongoing case management and mental health support.

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Immigration report 227/07

French citizen aged 47 resided in Australia for 38 years, detained for two years; personality disorder, diagnosed with schizophrenia in gaol. Criminal history and s 501 Review. Released from immigration detention due to Nystrom decision. Unlawful in the community, for removal when located.
No recommendation by the Ombudsman

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Immigration report 228/07

Combined third and fourth report, previous report # 57/06. Possibly North Korean citizen aged 40 detained for four years; headaches, insomnia, epigastric discomfort, anxiety and depression, psychosomatic symptoms. Identity not confirmed – NIVA, partner also in Australia. Released on a RPVB.
Ombudsman’s recommendation: That consideration be given to granting a permanent visa to Ms X and her partner.

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Immigration report 229/07

Combined fourth and fifth report, previous reports # 77/06 & 58/06. Possibly North Korean citizen aged 46 detained for five years. Identity not confirmed, partner also in Australia. Released on a RPVB.
Ombudsman’s recommendation: That consideration be given to granting a permanent visa to Mr X and his partner.

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Immigration report 230/07

Combined third, fourth and fifth report, previous report # 51/06. Foreign national aged 47, detained for five and a half years; PTSD, significant psychological distress. Serious character concerns, ICCPR & ITOA. Claim of assault by detention centre staff.
Ombudsman’s Recommendation: That consideration be given to alternative detention arrangements while their case is resolved; if released, consider case management and support.

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Immigration report 231/07

Tanzanian citizen aged 37 detained for three years; history of self-harm, Major Depression with psychotic features, elements of PTSD, involuntary psychiatric hospitalisation and guardianship order. Review/Courts: RRT/FC/FMC/FFC. Removed.
No recommendation by the Ombudsman

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Immigration report 232/07

Macedonian citizen aged 32 detained for three years; mental health issues & methadone program. Criminal history, s 501 Review. Review/Courts: RRT/FC/FFC. Released on THCV.
Ombudsman’s Recommendation: That an independent psychiatric evaluation be sought if removal remains an option; DIAC consider case management & mental health community support.

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Immigration report 233/07

PRC citizen aged 32 in detention for three years; unresolved identity issues; adjustment disorder, depression, anxiety; PRC Consular visit May 2005. Review/Courts: RRT/FMC/MRT/FFC.
Ombudsman’s recommendation: That alternative detention arrangements or a suitable visa with work rights be considered.

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Immigration report 234/07

Vietnamese citizen aged 34, in detention for two years; history of substance abuse. Section 501 Review, Australian-citizen partner and best interests of a child. Review/Courts: AAT/FC/FFC/RRT/FMC. Awaiting possible visa grant.
No recommendation by the Ombudsman.

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Immigration report 235/07

Indian citizen aged 29 in detention for two and a half years; victim of bullying and serious assault in an IDC; PTSD with depressed mood. Review/Courts: MRT/HC/FC/RRT/FFC.
Ombudsman’s recommendation: That DIAC consider an alternative detention arrangement including community detention.

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Immigration report 236/07

Afghan citizen aged 26 detained for two and a half years; escaped twice and unlawful in community for 27 months. Adjustment Disorder with symptoms of anxiety and depression. Maribyrnong to Baxter transfer, HREOC complaint. Australian-citizen wife and child. Review/Courts: RRT/FC. Granted a TPV.
Ombudsman’s Recommendation: That DIAC offer a reasonable level of compensation for his treatment during the Maribyrnong to Baxter transfer.

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Immigration report 237/07

Nepalese citizen aged 45 in detention for two and half years; with anxiety symptoms, irritability, insomnia and forgetfulness. Review/courts: Joined Macabenta class action/MRT/RRT/FMC/FFC.
No recommendation by the Ombudsman.

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Immigration report 238/07

PRC citizen aged 50 in detention for two and a half years; bone marrow disorder and mild depression. Review/Courts: FMC/FFC.
No recommendation by the Ombudsman.

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Immigration report 239/07

Sri Lankan citizen aged 45 detained for four years; Adjustment Disorder and Major Depressive Disorder. Mistakenly classified as an offshore entry person, Dulcot, Cocos (Keeling) Islands. Three-year FOI access delay. Australian-citizen fiancée. Review/courts: RRT/FMC/FC/FFC. Released on a RPBV and later granted a BLSV.
Ombudsman’s recommendation: That DIAC provide Mr X with an explanation and apology for the FOI delay; factors to be taken into account for consideration of a permanent visa.

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Immigration report 240/07

Fifth report, previous report # 136/07. PRC citizen aged 55 in detention for five years; chronic schizophrenia, refusing anti-psychotic medication, mild depression. For removal.
Ombudsman’s recommendation: That DIAC maintain close and regular monitoring of the impact of removal plans upon Mr X; that if removal is delayed, alternative detention arrangements are considered - as per recommendation in previous report.

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Immigration report 241/07

Abridged report. No recommendations.

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Immigration report 242/07

Abridged report. No recommendations.

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Immigration report 243/07

Abridged report. No recommendations.

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Immigration report 244/07

Abridged report. No recommendations.

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Immigration report 245/07

Abridged report. No recommendations.

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Immigration report 246/07

Abridged report. No recommendations.

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Immigration report 247/07

Abridged report. No recommendations.

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Immigration report 248/07

Abridged report. No recommendations.

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Immigration report 249/07

Abridged report. No recommendations.

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Immigration report 250/07

Abridged report. No recommendations.

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Immigration report 251/07

Abridged report. No recommendations.

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Immigration report 252/07

Abridged report. No recommendations.

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Immigration report 253/07

Abridged report. No recommendations.

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Immigration report 254/07

Abridged report. No recommendations.

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Immigration report 255/07

Afghan citizen aged 23 detained for four years; severe Major Depressive Disorder, PTSD, psychiatric hospitalisations, ongoing treatment for depression post-release. Review/Courts: RRT. Granted a GSHV. Ombudsman’s recommendation: That DIAC may wish to consider what role it needs to play in relation to the provision of ongoing care and assistance.

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Immigration report 256/07

Abridged report. No recommendations.

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Immigration report 257/07

Abridged report. No recommendations.

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Immigration report 258/07

Abridged report. No recommendations.

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Immigration report 259/07

Abridged report. No recommendations.

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Immigration report 260/07

Abridged report. No recommendations.

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Immigration report 261/07

Abridged report. No recommendations.

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Immigration report 262/07

Abridged report. No recommendations.

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Immigration report 263/07

Abridged report. No recommendations.

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Immigration report 264/07

Abridged report. No recommendations.

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Immigration report 265/07

Abridged report. No recommendations.

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Immigration report 266/07

Abridged report. No recommendations.

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Immigration report 267/07

Abridged report. No recommendations.

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Immigration report 268/07

Abridged report. No recommendations.

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Immigration report 269/07

Abridged report. No recommendations.

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Immigration report 270/07

Abridged report. No recommendations.

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Immigration report 271/07

Abridged report. No recommendations.

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Immigration report 272/07

Abridged report. No recommendations.

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Immigration report 273/07

Abridged report. No recommendations.

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Immigration report 274/07

Abridged report. No recommendations.

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Immigration report 275/07

Abridged report. No recommendations.

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Immigration report 276/07

Abridged report. No recommendations.

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Immigration report 277/07

Stateless man aged 33 detained for five years; born in Kuwait to Sudanese parents, not recognised as a citizen by Kuwait or Sudan, unsuccessfully applied for four third-country visas, removed in 2003 to Tanzania to seek travel documents for Sudan, not accepted as a Sudanese citizen and returned to Australia. Major Depression. Review/Courts: RRT/FMC/FC. Released on a RPBV.
Ombudsman’s recommendation: That the Minister consider granting a permanent visa on compassionate grounds.

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Immigration report 278/07

Second report, previous report # 207/07. Pakistani citizen aged 26 in detention for two and a half years; PTSD, anxiety and depression, methadone program. Review/Courts: FFC/HC.
Ombudsman’s recommendation: That a suitable visa with work rights be considered.

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Immigration report 279/07

Abridged report. No recommendations.

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Immigration report 280/07

Abridged report. No recommendations.

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Immigration report 281/07

Abridged report. No recommendations

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Immigration report 282/07

Abridged report. No recommendations.

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Immigration report 283/07

Abridged report. No recommendations.

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Immigration report 284/07

Abridged report. No recommendations.

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Immigration report 285/07

Abridged report. No recommendations.

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Immigration report 286/07

Abridged report. No recommendations.

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Immigration report 287/07

Abridged report. No recommendations.

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Immigration report 288/07

Sri Lankan citizen aged 37 detained for three years; with Panic Disorder with Generalised Anxiety, Major Depressive Disorder and PTSD; psychiatric hospitalisations, involuntary and voluntary. Entered Australia twice. Released on a BV. Review/courts: RRT/ Nancy Lie and Others class action /MRT/FC/FFC.
Ombudsman’s recommendation: It will be necessary for DIAC to review the no work provisions of BV once Mr X’s health has stabilised. That Mr X not be returned to an immigration detention facility unless the medical opinion is that his mental health will not deteriorate as a result.

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Immigration report 289/07

Abridged report. No recommendations.

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Immigration report 290/07

Abridged report. No recommendations.

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Immigration report 291/07

Abridged report. No recommendations.

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Immigration report 292/07

Abridged report. No recommendations.

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Immigration report 293/07

Abridged report. No recommendations.

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Immigration report 294/07

Abridged report. No recommendations.

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Immigration report 295/07

Abridged report. No recommendations.

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Immigration report 296/07

Abridged report. No recommendations.

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Immigration report 297/07

Abridged report. No recommendations.

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Immigration report 298/07

Abridged report. No recommendations.

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Immigration report 299/07

Abridged report. No recommendations.

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Immigration report 300/07

Abridged report. No recommendations.

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Immigration report 301/07

Abridged report. No recommendations.

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Immigration report 302/07

Abridged report. No recommendations.

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Immigration report 303/07

Abridged report. No recommendations.

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Immigration report 304/07

Abridged report. No recommendations.

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Immigration report 305/07

Abridged report. No recommendations.

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Immigration report 306/07

Abridged report. No recommendations.

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Immigration report 307/07

Abridged report. No recommendations.

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Immigration report 308/07

Abridged report. No recommendations.

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Immigration report 309/07

Abridged report. No recommendations.

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Immigration report 310/07

Abridged report. No recommendations.

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Immigration report 311/07

Abridged report. No recommendations.

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Immigration report 312/07

Abridged report. No recommendations.

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Immigration report 313/07

Abridged report. No recommendations.

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Immigration report 314/07

Abridged report. No recommendations.

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Immigration report 315/07

Abridged report. No recommendations.

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Immigration report 316/07

Abridged report. No recommendations.

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Immigration report 317/07

Abridged report. No recommendations.

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Immigration report 318/07

Abridged report. No recommendations.

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Immigration report 319/07

Abridged report. No recommendations.

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Immigration report 320/07

Abridged report. No recommendations.

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Immigration report 321/07

Abridged report. No recommendations.

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Immigration report 322/07

Abridged report. No recommendations.

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Immigration report 323/07

Abridged report. No recommendations.

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Immigration report 324/07

Abridged report. No recommendations.

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Immigration report 325/07

Abridged report. No recommendations.

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Immigration report 326/07

Abridged report. No recommendations.

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Immigration report 327/07

Abridged report. No recommendations.

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Immigration report 328/07

Abridged report. No recommendations.

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Immigration report 329/07

Abridged report. No recommendations.

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Immigration report 330/07

Abridged report. No recommendations.

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Immigration report 331/07

PRC citizen aged 54 in detention for two and a half years. Review/Courts: RRT/FMC. For removal.
No recommendation by the Ombudsman.

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Immigration report 332/07

Abridged report. No recommendations.

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Immigration report 333/07

Combined third, fourth and fifth report, previous report # 63/06. PRC citizen aged 49 in detention for over five and a half years; adjustment disorder with depressed symptoms. Wanted in PRC for financial crimes, if for removal - ITOA to be pursued. Review/Courts: AAT/FC/FFC. In Alternative Detention.
Ombudsman’s recommendation: That community detention, or a suitable visa with work rights, be considered. If a visa is granted, that DIAC consider providing case management to assist with the transition from immigration detention. The Minister may wish to consider a submission from Mr X, under s 501C, or by permission.

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Immigration report 334/07

Abridged report. No recommendations.

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Immigration report 335/07

PRC citizen aged 31 in detention for two and a half years; SASH. Review/Courts: RRT/MRT/FMC/FFC. For removal. No recommendation by the Ombudsman.

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Immigration report 336/07

Combined third and fourth report, previous reports # 102/06 & 64/06. Male aged 48, has lost his Turkish citizenship, in detention for four years. Diagnosed with Chronic Delusional Disorder, he is appealing his guardianship order.
Ombudsman’s Recommendation: That DIAC take steps to arrange his release from detention. That DIAC obtain a medical opinion on his prognosis and fitness to travel. The Minister may wish to consider exercise of his s 195A powers to grant a temporary or permanent visa.

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Immigration report 337/07

Abridged report. No recommendations.

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Immigration report 338/07

Abridged report. No recommendations.

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Immigration report 339/07

Abridged report. No recommendations.

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Immigration report 340/07

Abridged report. No recommendations.

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Immigration report 341/07

Abridged report. No recommendations.

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Immigration report 342/07

Abridged report. No recommendations.

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Immigration report 343/07

Abridged report. No recommendations.

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Immigration report 344/07

Abridged report. No recommendations.

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Immigration report 345/07

Abridged report. No recommendations.

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Immigration report 346/07

Abridged report. No recommendations.

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