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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36 year old Iranian man detained for five years; with depression, PTSD and psychiatric hospitalisation. Review / courts: RRT/FC/FFC/HC/FMC. Released on a RPBV.
Ombudsman’s recommendation: Not to be detained; that a permanent visa be considered. |
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24 year old Afghani (Hazara Shi’a) man in detention for five years; with depression. Difficulty confirming his nationality. Review / courts: RRT/FC/FFC.
Ombudsman’s recommendation: That, pending a decision on a permanent visa, release be considered, on a RPBV. |
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45 year old PRC man in detention for two years; practices Falun Gong. Review / courts: RRT/HC.
Ombudsman’s recommendation: Release on a RPBV pending decision on immigration status. |
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38 year old Afghani man in detention for four years; his wife and children have been released on TPV’s. Psychological impairment. Consideration of the best interests of the children. Review / courts: AAT/FC/FFC/HC/UNHCR.
Ombudsman’s recommendation: Immediate release on a RPBV, pending consideration of permanent visas for himself and family. |
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36 year old Algerian man in detention for 4 years; with severe depression, PTSD and psychiatric hospitalisation. His wife is Australian. Concerns re paracetamol. Review / courts: RRT/FMC/FFC/FC.
Ombudsman’s recommendation: Not to be detained; consider release on a RPBV; grant of permanent visa be considered. |
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45 year old man detained for four years; with severe depression. Granted permanent visa. Review / courts: RRT/FMC/FFC.
Ombudsman’s recommendation: DIMA to consider providing ongoing assistance. |
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45 year old woman detained for four years. Granted a permanent visa. Review / courts: RRT/FMC/FFC. No recommendation by Ombudsman. |
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22 year old Afghani (Hazara) man detained for five years; with psychological problems. Concerns re paracetamol. Initial difficulty in confirming nationality, granted a permanent visa. Review / courts: RRT/FMC.
Ombudsman’s recommendation: DIMA involvement in providing continuing mental health care. |
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42 year old man of Lebanese origin (38 years in Australia) detained for three years, his wife and children are Australian. His history of criminal convictions led to a s 501 visa cancellation. He was released due to Nystrom decision, i.e. an ‘absorbed person’. Review / courts: RRT/FC/FFC/HC.
Ombudsman’s recommendation: Not to be placed in immigration detention; if DIMA HC appeal against Nystrom decision is successful, postpone any removal action until Government has considered the Ombudsman’s s 501 report. |
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61 year old man (17 years in Australia) in detention for four years. His sexual offences against a minor and 6 years jail led to a deportation order under s 200. Review / courts: AAT/FC/FFC/HC.
Ombudsman’s recommendation: DIMA actively seek removal; consider release if removal delayed. |
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27 year old Congolese man in detention for four years. Released on a TPV. Legal process delays. Review / courts: RRT/FC/FMC.
Ombudsman’s recommendation: That a permanent visa be considered. |
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29 year old Sri Lankan (Tamil) man detained for four years; with profound depression, anxiety and psychiatric hospitalisation. Released on a RPBV. Review / courts: RRT/FMC/FFC/HC.
Ombudsman’s recommendation: Not to be detained again; that a permanent visa be considered. |
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24 year old Afghani man detained for four years; with Major Depression, anxiety and PTSD. Difficulty in confirming nationality. Released on TPV. Review / courts: RRT/FC/FFC/HC.
Ombudsman’s recommendation: That a permanent visa be considered; DIMA to consider what ongoing assistance can be provided.
(*This report mistakenly refers to a Hazara man who is single. In fact, report 013/05 relates to a Pashtun man who is married.) |
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Homeless man of unknown age and nationality, in detention for three years. Refused to clarify identity or nationality; possible psychiatric illness; risk of indefinite detention under s 189.
Ombudsman’s recommendation: DIMA seek further legal advice on continued detention and review procedures for such cases; that a visa for release into the community be considered. |
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24 year old Fijian man (15 years in Australia) detained for two years. His criminal convictions led to a s 501 visa cancellation. Review / courts: FMC/FFC.
Ombudsman’s recommendation: Not to be removed at present; consideration of a visa to enable release into community, pending Ombudsman’s s 501 report. |
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39 year old homeless man of unknown nationality in detention for four years. DIMA unable to confirm identity or nationality; possible mental illness and risk of indefinite detention.
Ombudsman’s recommendation: DIMA seek further legal advice on continued detention and review procedures for such cases; that a visa for release into community be considered. |
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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42 year old Turkish (Kurdish) man in detention for three years and on three occasions, with depression, anxiety and OCD. He was unlawful in community for 13 of his 18 years in Australia. Review/courts: RRT/MRT/FMC/FC/FFC/HC.
Ombudsman’s recommendation: That a decision on a s 417 request is expedited. |
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25 year old Iranian man in detention for three years; with anxiety, stress & self-harm. He escaped from detention for two years. He has converted to Christianity and his fiancée is an Australian citizen. Review/courts: RRT/FC/FFC/HC.
Ombudsman’s recommendation: That a decision on s 417 & s 48B requests is expedited; if delayed, that a RPBV be considered to facilitate release. |
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Man, in detention three years; with PTSD, anxiety, depression, self-harm risk and psychiatric hospitalisation. PV refused due to serious non-political crime. Review/courts: AAT/MRT/ITOA.
Ombudsman’s recommendation: That a decision on a s 501J request is expedited; that alternative detention arrangements be explored (with appropriate surety and reporting conditions) - until immigration status resolved, or removal finalised. |
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PRC man (age unknown) in detention for three years. He claimed to be from South Korea. PRC Consular visit. Review/courts: RRT/MRT.
Ombudsman’s recommendation:DIMA to further discuss removal options with individual. |
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57 year old PRC man in detention for three years. Falun Gong practice. Review/courts: RRT/FMC/FC/FFC/HC, FFC appeal is ongoing.
Ombudsman’s recommendation: That, until status and removal issues are resolved, an appropriate visa to facilitate release be considered. |
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53 year old PRC man in detention for two years; with a possible brain injury. He was in Australia for 16 years. Falun Gong practice and PRC Consular visit, removal imminent. Review/courts: RRT.
Ombudsman’s recommendation: DIMA assess health issues in fitness to travel; DIMA contact man’s family in PRC & notify of his impending arrival. |
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39 year old PRC man in detention for two years; with severe Major Depression, PTSD and self-harm risk. PRC Consular visit and removal delays. Review/courts: RRT/FMC.
Ombudsman’s recommendation: If there are continuing delays in resolution of immigration status/removal, then release on an appropriate visa; that a humanitarian visa be considered (subject to security and character checks); that DIMA listen to tape of interview with PRC Consular officials and discuss with person his fear of persecution. |
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49 year old North Korean man in detention for three years. Nationality and identity issues, physical health problems. Review/courts: RRT/MRT.
Ombudsman’s recommendation: DIMA continue to resolve identity/nationality issues and process his PV application as a priority; that, pending resolution of his immigration status, a visa for release into community be considered. |
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39 year old North Korean woman in detention for two years; with physical health problems and concerns re use of paracetamol. Difficulty confirming nationality. Review/courts: RRT/MRT/FMC.
Ombudsman’s recommendation: That, pending resolution of her immigration status, a RPBV be considered (with reporting conditions); that a s 417 request is expedited. |
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45 year old North Korean man in detention for three years. Nationality & identity issues. Review/courts: RRT/MRT.
Ombudsman’s recommendation: DIMA continue to resolve identity/nationality issues; that, pending resolution of his immigration status, a visa for release into community be considered (with reporting conditions). |
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42 year old Turkish man in detention for two years; with depression. His wife is an Australian citizen and is hospitalised with a mental health condition. He lived in Australia for 18 years, escaped from detention on two occasions and was unlawful for six years. Drug offences and a s 501 cancellation. Review/courts: IRT/RRT/MRT/AAT/FC/FFC.
Ombudsman’s recommendation: That a s 417 request is expedited; if there is a delay, the grant of an appropriate visa (to enable release and reconnection with his wife) is considered. |
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49 year old Scottish born man, a permanent resident for 29 years; detained for two years. His criminal convictions led to s 501 visa cancellation. Minister granted RD due to man’s poor health. Released due to Nystrom decision, i.e. an ‘absorbed person’. Now deceased. Review/courts: FMC.
Ombudsman’s recommendation: None. Condolences to family. |
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35 year old Vietnamese man in detention for four years; with brain injury, depression, drug addiction and self-harm. A permanent resident for 20 years, his extended family and son are Australian citizens. Criminal convictions led to a s 501 visa cancellation. Review/courts: RRT/MRT/AAT/FMC/FC/FFC – judgement reserved.
Ombudsman’s recommendation: That s 417 requests are expedited; if there is a delay in the resolution of court and s 417 requests, consider release from detention on an appropriate visa. |
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46 year old Taiwanese man in detention for two years; with a possible serious mental illness. Now living in community with wife and five children on RD. Review/courts: RRT/FMC/FC.
Ombudsman’s recommendation: DIMA refer individual to mental health specialists; if removal attempted, DIMA to monitor impact on individual’s mental health. |
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48 year old PRC man in detention for four years; with Major Depression, anxiety and psychotic symptoms. Wanted in PRC for financial crimes, s 501 refusal.
Review/courts: FC/FFC/HC/ an FC application is afoot.
Ombudsman’s recommendation: No specific recommendation. That alternative detention be considered. The Ombudsman considers that DIMA should seek assurances that person will not face the death penalty if he is removed. |
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46 year old Turkish man in detention two years; with a chronic Delusional Disorder and possible dental health needs. He has lost his Turkish citizenship and has a restricted capacity to make decisions about his immigration issues. Review/courts: MRT.
Ombudsman’s recommendation: For referral to an independent senior psychiatrist for assessment; for consideration of the most appropriate living arrangement; DIMA to approach Turkish Consulate to discuss waiving his military service obligations; dental surgery if necessary. |
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43 year old PRC man in detention five years (cumulative); with Major Depression. Identity problems and removal delays, PRC Consular visit. Review/courts: RSRC/RRT/MRT/FC.
Ombudsman’s recommendation: Expedite decision on Ministerial submission of December 2005, and that a RPBV be considered. |
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45 year old Indian man in detention two years; with chronic paranoid psychosis and psychiatric hospitalisation. Unlawful in Australia for 20 years, his family are now Australian citizens. Outstanding warrant for breach of AVO. Review/courts: MRT/FMC/FFC.
Ombudsman’s recommendation: The Ombudsman suggested that DIMA should canvass the option of a Residence Determination; that DIMA consult with police to resolve AVO warrant issues; that a s 351, and other submissions, are expedited. |
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A 38 year old Taiwanese mother and her five children, in detention two years, community detention on a RD since July 2005. Two children born in Australia, another child due September 2006. Paternity issues, possible Australian father. De facto may have a serious mental illness. Review/courts: RRT/FMC/FC.
Ombudsman’s recommendation: That removal be delayed pending resolution of paternity issues. |
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59 year old PRC man, in detention two years. Now in Residential Housing Centre with his de facto (Report 069/06). Anxiety and mild depression, inpatient treatment for cancer. PRC Consular visit. Review/courts: RRT/FC/FFC.
Ombudsman’s recommendation: Not to be removed while receiving cancer treatment; DIMA to consider alternative accommodation or detention (in a larger city). |
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55 year old PRC woman (and a permanent resident of Hong Kong) in detention four years. Now in Residential Housing Centre with her de facto (Report 068/06). Diagnosed with diabetes and on antidepressant medication. Identity issues and PRC Consular visit. Review/courts: RRT/FC/FFC (decision pending).
Ombudsman’s recommendation: Not to be removed while her de facto is receiving cancer treatment; DIMA to consider alternative accommodation or detention (in a larger city). |
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33 year old PRC man, in detention two years; identity issues delaying removal. Falun Gong practice and PRC Consular visit. Review/courts: RRT /FMC/HC class action.
Ombudsman’s recommendation: That decisions on a s 417 request, and on use of intervention powers, be expedited; that while removal arrangements are concluded, the grant of a BV (with work rights) be considered. |
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44 year old South Korean man, in detention for three years. Entered Australia twice; removal imminent. Review / courts: AAT/MRT/RRT.
Ombudsman’s Recommendation: Suggest DIMA takes steps to ensure that Mr X has every opportunity to inform spouse of action to remove him. |
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34 year old single man from India, detained for two years. Identity and nationality issues; RPBV then voluntary removal. Review / courts: RRT/MRT/FMC/FC/HC.
No recommendation by Ombudsman. |
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47 year old Vietnamese man in detention for 3 years. Previous report # 23. Depression, anxiety, PTSD, s 501 review, children in state care, best interests of children. Review / courts: RRT/ HC/Children’s Court.
Ombudsman’s recommendation: That the Minister make a decision to allow his release from detention centre; that DIMA prepare a submission that analyses the impact of removal on his children; that the 2002 visa cancellation is reconsidered by the Minister. |
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49 year old PRC woman in detention for 3 years. Previous report # 48. Identification problems, PRC Consular visit. Review / courts: MRT.
Ombudsman’s recommendation: That a s 417 request and assessment in relation to PRC Consular visit are expedited; that a BV be considered (with appropriate reporting conditions) while her immigration status and removal issues are resolved. |
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32 year old Vietnamese man, in detention for two years. History of drug use, drug offence and served three years in gaol. Removal imminent. Review / courts: RRT/FMC/FFC.
No recommendation by Ombudsman. |
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51 year old Malaysian man in detention for 4 years. Previous report # 16; identity resolved. Removed.
No recommendation by Ombudsman. Discussion: the appropriateness of indefinite detention; maintenance of a reasonable suspicion to detain under s 189. |
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45 year old North Korean man in detention for 4 years. Previous report # 58. Nationality & identity issues.
Ombudsman’s recommendation: That decisions on the s 195A submission and s 417 request be expedited; that pending resolution of his immigration status, a RPBV or similar visa, for release from detention be considered (with reporting conditions). If matters concerning his identity and nationality remain unresolved, then grant of a Permanent Visa should be considered. |
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29 year old Afghani man, escaped from detention and re-detained, total detention three years. Depression, anxiety and self-harm. Married in detention, voluntary return to Afghanistan. Review / courts: RRT.
No recommendation by Ombudsman. |
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20 year old Vietnamese man, detained for two 2 years on Christmas Island. Section 195A intervention and released on a TPV. Review / courts: RRT.
No recommendation by Ombudsman. Ombudsman noted the uncertainty that is faced by people on TPVs and the negative impact this can have on their ability to settle into the community effectively. |
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51 year old Indian man in detention for 2 years; identity issues, NIVA. Review / courts: RRT/MRT/FMC/FFC. Removal imminent.
No recommendation by Ombudsman. |
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48 year old PRC woman in detention for 3 years; anxiety, hospitalised twice for a cardiac condition. PRC Consular visit and DIMA review, Falun Gong. Review / courts: RRT/FMC/FFC/HC.
Ombudsman’s recommendation: That a BV be considered (with work rights and reporting conditions) while her immigration status and removal issues are resolved. |
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40 year old Turkish man, detained for 2 years (in Australia for 34 years); family Australian citizens. Criminal history and s 501 visa cancellation. Mild Intellectual Disability, Major Depression, congenital health condition. Review / courts: FC/FFC/HC. Released on a RPBV.
Ombudsman’s recommendation: That any removal efforts be forestalled until the DIMA s 501 review is completed. |
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57 year old man, possibly North Korean, in detention for 2 years; identity and nationality issues, NIVA. Review / courts: RRT/FC/FFC. Possible 3rd country removal.
Ombudsman’s recommendation: That the decision on the s 48B and one other submission be expedited; that, pending resolution of his immigration status, a RPBV or similar visa be considered. If matters concerning his identity and nationality remain unresolved, that the grant of a PV be considered. |
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36 year old Iranian man, detained for 4 years. Bipolar Disorder, Major Depression, PTSD, self-harm, involuntary psychiatric hospitalisation. Christian convert; his details were published on the Internet. Granted a TPV. Review / courts: RRT/FMC/FFC/UNHCR.
Ombudsman’s recommendation: That consideration be given to waiving the waiting period for application for a PV; DIMA to consider providing ongoing financial and casework support. |
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24 year old PRC woman, in detention for 2 years; identification problems. Major Depression, Panic Disorder, self-harm risk and dental health problems. Christian convert; married an Australian permanent resident. Review / courts: RRT/FMC/FFC.
Ombudsman’s recommendation: That an alternative residential arrangement be made – via a Residence Determination or suitable visa; that a s 417 request, and other submissions before the Minister, be expedited. |
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33 year old Indian man, in detention for 2 years; false identity, NIVA. Major Depression with hallucinations, Generalised Anxiety Disorder.
Review / courts: RRT/FMC/FFC. Removal imminent.
No recommendation by Ombudsman, but the Ombudsman suggests that if a travel document is not issued soon, the grant of a RPBV be considered and that his mental state should continue to be closely monitored. |
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29 year old Iranian man, detained for 3 years; escaped detention and recaptured. Major Depression, PTSD, self-harm attempts, involuntary psychiatric hospitalisation. Management Unit, Red One. Review / courts: RRT/FMC/FC. Released on a TPV.
Ombudsman’s recommendation: That consideration be given to whether a PV is more appropriate in the circumstances; that consideration be given to waiving the waiting period for application for a PV. |
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23 year old Afghani man, detained for 4 years; difficulty in confirming nationality. Arrived as an unaccompanied minor, depression. Review / courts: RRT/FC.
Ombudsman’s recommendation: That consideration be given to granting a PV; that consideration be given to waiving the waiting period for the application for a PV. |
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25 year old Afghani (Hazara) man, detained for 4 years; difficulty in confirming nationality. PTSD with secondary depression. Released on a humanitarian visa after his Afghan nationality was established. Review / courts: RRT/FC.
No recommendation by Ombudsman. |
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38 year old PRC man in detention for 3 years; identity unconfirmed. Falun Gong, PRC Consular visit. Review / courts: RRT/FMC.
Ombudsman’s recommendation: That DIMA submissions re PRC Consular visit and s 48B be expedited. Suggested; if it is likely that he be detained for a further substantial period that a BV be considered. |
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36 year old Indian man, in detention for 2 years; with symptoms of depression and anxiety, borderline diabetes. Review / courts: MRT/RRT/FMC/FFC.
Ombudsman’s recommendation: That DIMA examine options for alternative accommodation or detention and report on its consideration in next report to Ombudsman; that a decision on s 417 and s 48B requests be expedited. |
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53 year old PRC man of Korean ethnicity, in detention for 3 years. Hypertension and anxiety. PRC Consular visit and removal delays.
Review / courts: RRT/FMC/FFC/ remittal to FMC, outstanding.
Ombudsman’s recommendation: Reconsider exercising intervention powers to release him from detention while his immigration matters are resolved. |
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25 year old man Albanian man in detention for 2 years; identification issues. Depression and PTSD, married to an Australian citizen. Review / courts: RRT/FMC/FFC.
Ombudsman’s recommendation: That a decision on the s 417 / s 195A request be expedited. |
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47 year old man, possibly from Nth Korea, in detention for 2 years; identity issues, NIVA. Anxiety and claimed head injury. Review / courts: RRT.
Ombudsman’s recommendation: That a RPBV be considered while identity issues and his immigration status are resolved. |
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29 year old Afghani (Hazara) man, detained for 4 years; difficulty in confirming nationality, granted a TPV. Severe Major Depressive Disorder with melancholic and psychotic features, involuntary psychiatric hospitalisation. Review / courts: RRT/FC.
Ombudsman’s recommendation: The grant of a PV or other permanent visa; consider waiving the 30-month waiting period to apply for a PV; DIMA to consider ongoing role in supporting his medical needs. |
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37 year old PRC man in detention for 2 years. Identification problems, NIVA.
Review / courts: RRT/MRT/FMC/FFC.
Ombudsman’s recommendation: That a decision on a submission for the possible use of the Minister's detention intervention powers be expedited; that the process of establishing identity and obtaining travel documents be expedited. |
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58 year old PRC man in detention for 4 years, previous Report # 53/06.
Review / courts: FFC/RRT.
Ombudsman’s recommendation: That a decision on a submission for the possible use of the Minister's detention intervention powers be expedited; that a RPBV be granted. |
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45 year old Sri Lankan man, in detention 3 years, previous Report # 27/06. Depression, personality disorder, court ‘tutor’. Sexual offence and s 501 visa cancellation, DIMA s 501 review. Review / courts: FC, matter afoot.
Ombudsman’s recommendation: If his court matter is unsuccessful, and if removal delays are likely, then a Residence Determination or temporary visa is recommended, pending his removal. |
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Homeless man of unknown age and nationality, detained for 3 years. Previous Report # 14/05. Possible mental health condition, ‘reasonable suspicion test’. Released on a RPBV.
Ombudsman’s recommendation: That DIMA continues to monitor whether it maintains a reasonable suspicion that he is an unlawful non-citizen, if no longer a reasonable suspicion then consider options; Ombudsman’s view is that DIMA should continue to intensively case-manage. |
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29 year old Indian man, in detention for 2 years; his wife and child are Australian citizens. Multiple sclerosis, Major Depression and psychosis. Criminal convictions and drug use.
Review / courts: RRT/MRT/FMC/FFC.
Ombudsman’s recommendation: That a s 417 request be expedited; consider compelling humanitarian factors; if Minister is inclined to grant a spouse visa, then consider waiving health and character requirements and recommending a waiver of detention debt. If he is not granted a permanent visa, or if a grant is delayed, that he be released on a BV with work rights. |
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31 year old Afghani (Hazara) man detained for 4 years; difficulty in confirming nationality. Persistent severe Major Depressive Disorder with anxiety. Psychiatric hospitalisation, he remained a voluntary inpatient post grant of a TPV. Review / courts: RRT/FC/FFC.
Ombudsman’s recommendation: That a PV, or waiver of the 30-month waiting period for permanent PV application, be considered. This report highlights the negative impact of a long period of detention upon an individual’s physical and mental health. |
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47 year old Turkish man, has lost his Turkish citizenship, in detention 3 years. Previous Report # 64/06. Delusional Disorder and lack of decision-making capacity.
Ombudsman’s recommendation: That DIMA urgently pursues guardianship to effect treatment trial; that a Residence Determination, to enable release, is considered; that a subsequent review considers a visa grant. |
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36 year old Nicaraguan man detained for two years. Criminal history and s 501 visa cancellation, Australian children in the community. Review/Courts: AAT, FMC, FC.
Ombudsman’s Recommendation: That any removal efforts be forestalled until the DIMA s 501 review is completed; and that DIMA prepare a submission that analyses the impact of removal on his children. |
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51 year old PRC woman in detention for over 5 years with severe major depression and self-harm risk. Previous report # 41. Wanted by PRC for financial crimes. A s 417 request was sent to the Minister in April 2006. An interim measures request not to remove was received by DIMA from UNHRC.
Review/courts: RRT/FC/FFC/HC/UNHRC.
Ombudsman’s recommendation: Consideration be given to alternative detention arrangements. Also recommended the Minister make a decision in relation to current submissions as soon as possible. |
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38 year old citizen of Nepal detained for two years. Major depression, PTSD, self-harm risk, involuntary psychiatric hospitalisation; immigration detention a factor in the deterioration of his mental health. Review/Courts: RRT/FMC.
No recommendation by Ombudsman, however desirable that a permanent solution be soon found to his unresolved immigration issues and ongoing support needs to be considered by DIMA. |
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34 year old citizen of Iran detained for almost 5 years. Major depression, PTSD, several self-harm attempts and involuntary psychiatric hospitalisation. Guardian appointed. GSL used force in transfer to Red One. Apostate. Granted a TPV.
Review / courts: RRT/FC/FMC/FFC/HC.
Ombudsman’s recommendation: Amend policy to ban GSL officers using pressure points above the shoulder when using force as a last resort; Minister consider granting a permanent visa; appropriate for DIMA to consider ongoing medical and casework support. |
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36 year old married PRC woman and her 4 year old Australian born daughter, 2 children in PRC; detained for nearly five years. New PV claim arising from PRC delegation visit issues. Mother has PTSD, depression and anxiety; daughter has separation anxiety and disordered attachment to mother. Nutrition issues for daughter whilst in detention. Mother allegedly victim of sexual assault at VIDF.
Review / courts: RRT/FMC/FFC.
Ombudsman’s recommendation: That PV claim assessment be expedited; if PV claim unsuccessful consider humanitarian grounds and give weight to issues affecting daughter. Ombudsman not advised until after report completed that both were granted PV’s in September 2006. |
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37 year old man detained for almost six years. Previous report 40. Had a major depressive episode; delay in obtaining character clearance. Granted a TPV.
Review/courts: RRT/FMC/FFC/UNHRC.
Ombudsman’s recommendation: Minister consider granting a permanent visa, consider reintroducing into policy the requirement to notify legal representatives 48 hours prior to removal, DIMA to consider ongoing mental health support, post release. |
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29 year old PRC man in detention for over three and a half years. Falun Gong practice. Previous report 39. periods of anxiety and depression.
Review/courts: RRT/FMC.
Ombudsman’s recommendation: That a combined s 417/ s 48B request be expedited; a RPBV be considered while his immigration status or his removal issues are resolved. |
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55 year old citizen of Indonesian detained for two and a half years. Wife subject of Report 111. Voluntary removal. Review/Courts: RRT/MRT/FMC/FC/FFC/HC
No Recommendation by Ombudsman |
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41 year old citizen of Indonesia detained for two and a half years. Husband subject of Report 110. Voluntary removal.
Review/Courts: RRT/MRT/FMC/FC/FFC/HC
No Recommendation by Ombudsman |
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38 year old ethnic Arab man detained for nearly five years. Severe PTSD, anxiety, major depression and self-harm. DIMA received new country information. Released on a RPBV and then granted a TPV.
Review / courts: RRT/FMC/FFC/HC.
Ombudsman’s recommendation: Minister to consider waiving the 30 month waiting period before he can be considered for a Permanent PV, DIMA to consider providing medical and casework support. |
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62 year old citizen of Fiji in detention for two years. Degenerative knee condition. Review/Courts: MRT, FMC, FFC.
Ombudsman’s Recommendation: That the Minister expedite the decision on the current s 351 submission; that DIAC has further discussions with Mr X to assist him to understand his situation with probable removal if s 351 submission is unsuccessful. |
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Second report, previous report # 70/06; 34 year old PRC citizen in detention for nearly three years; Falun Gong practice, PRC Consular visit and DIAC review. PTSD.
Ombudsman’s Recommendation: That the Minister expedite a decision on the s 48B request; if further delays in resolving immigration status, the Minister consider the grant of a BV with work rights. |
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16 year old citizen of Vietnam detained for two years. Review/Courts: RRT/FC. Successful at the RRT and released on a TPV.
Ombudsman’s Recommendation: In accordance with the ‘best interests of the child’ principle, the Minister give consideration to waiving the waiting period to allow an application for a PV. |
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30 year old citizen of Iran detained for four and a half years. Difficulty in confirming nationality (claims to be from Iraq). Major Depression, PTSD. Review/Courts: RRT/FC/FFC/HC. Released on a RPBV.
Ombudsman’s Recommendation: That the Minister expedite a decision on the combined s 417/48B request; DIAC to consider what ongoing psychiatric assistance it should provide. |
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48 year old citizen from the PRC in detention for two and a half years. Depressive illness and PTSD, assaulted at Villawood, PV sought under a false identity. Review/Courts: RRT/FMC/FFC/MRT.
Ombudsman’s Recommendation: That the Minister expedite a decision on the current s 417/48B request; if further delays in resolving immigration status, consideration be given to alternative detention arrangements due to current impact on mental health. |
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44 year old PRC citizen detained for 2 years; anxiety and depression. Released on BV with no work rights or access to medical or financial support. Review/courts: RRT/FC/FFC.
Ombudsman’s recommendation: If removal delayed DIAC to undertake a review of his circumstances, including access to work rights. |
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32 year old claiming to be a citizen of India detained for over 6 years; major depression, psychosis and suicidal ideation; repeated involuntary psychiatric hospitalisations. Identity and nationality issues. Length of detention concerns. Review/courts: RRT/FC Released on a RPBV.
Ombudsman’s recommendation: DIAC to consider providing ongoing medical and psychiatric support; the Minister to consider granting a permanent visa. |
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21 year old citizen of the PRC in detention for two and a half years; Falun Gong practice; Review/courts: RRT/FMC
Ombudsman’s recommendation: Minister expedite s 417 submission. |
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Third report, previous report # 47/06; 28 year old citizen of the PRC in detention for three and a half years; depression, voluntary psychiatric hospitalisation. PRC Consular visit and DIAC review.
Ombudsman’s recommendation: The Minister expedite the s 417 and s 48B requests, that he not be returned to an immigration detention facility, that a visa or alternative detention be considered, that there are a number of factors that may incline the Minister to grant a substantive visa. |
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Combined second and third report, previous report # 29/06; 35 year old citizen of the PRC in detention for over 4 years; Falun Gong practice; PRC Consular visit and DIAC review; adjustment disorder and depression; lengthy delays in removal.
Ombudsman’s recommendation: Minister again consider granting a visa or consider alternative detention arrangements. |
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37 year old citizen of Iran detained for 3 years, escaped for 3 years; major depression and PTSD.
Review/courts: RRT/FC/FFC/HC (discontinued). Granted a TPV.
Ombudsman’s recommendation: Minister consider waiving waiting period to allow an application for a PV. |
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Combined second, third and fourth report, previous report 30/06; 54 year old Pakistani man detained for over three and a half years. Review/Courts: RRT/FMC/FFC. Released on a BVE.
Ombudsman recommendation: No recommendations made. |
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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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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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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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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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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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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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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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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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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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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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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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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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PRC citizen aged 43 detained for over three years. PRC Consular visit and DIAC review. Review/Courts: RRT/MRT/FMC. Removed.
No recommendation by Ombudsman. |
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Kenyan citizen aged 30 detained for over two years; depression and an adjustment disorder, hospitalized for self-harming. Review/Courts: RRT/FC/FFC.
Ombudsman’s Recommendation: That the Minister consider alternative detention arrangements or the grant of a visa, and if he is released, DIAC consider if appropriate to provide him with ongoing case management and mental health support. |
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Iranian citizen aged 33 detained for almost five years; depression and anxiety. Review/Courts: RRT/FC/FFC/HC. Granted a GSHV.No recommendation by Ombudsman. |
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PRC citizen aged 38 in detention for over two years. PRC Consular visit and DIAC review. Review/Courts: RRT.
No recommendation by Ombudsman. |
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PRC citizen aged 47 in detention for over two years; depression and anxiety. Review/Courts: RRT/FMC/FFC.
No recommendation by Ombudsman. |
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Turkish citizen aged 30 detained for two years; Major Depression. Review/Courts: MRT/RRT/FC/FFC.
Ombudsman’s Recommendation: The Minister make a decision on the s 417/195A submissions as soon as possible and that the Minister also consider alternatives to detention, including the option of granting a suitable visa with work rights. If released into the community, DIAC to consider appropriate ongoing case management and mental health support. |
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Combined second and third report; previous report #66/06; Indian citizen aged 46 in detention for three years; Delusional Disorder, schizophrenia, chronic paranoid psychosis and psychiatric hospitalization; unlawful in Australia for 20 years, his family are now Australian citizens; community detention; outstanding warrant for breach of AVO.
Ombudsman’s recommendation: DIAC maintain its psychiatric care plan until his case is permanently resolved. |
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Iranian citizen aged 48 detained for nearly five years; Generalised Anxiety Disorder, PTSD and self-harming. Review/Courts: RRT/FC/FFC/HC. Granted a TPV.
Ombudsman’s recommendation: That the Minister consider waiving the waiting period to allow an application for a PV, which would allow the family to be reunited and assist his mental health recovery. |
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Iranian citizen aged 41 detained for over 2 years; Generalised Anxiety Disorder, PTSD and self-harming. Review/Courts: RRT/FC/FFC (withdrawn). Granted a TPV.
No recommendation by Ombudsman. |
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PRC citizen aged 51 in detention for over two and a half years; PRC Consular visit and DIAC review. Review/Courts: RRT/FMC/FC.
Ombudsman’s recommendation: If there are further delays in resolving his immigration status that the Minister consider granting a RPBV or community detention. |
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Combined second and third report; previous report # 32/06. 60 year old PRC (Hong Kong) citizen in detention for three years; diabetes, high blood pressure and Parkinson’s disease; lived in Australia for 20 years prior to detention.
Ombudsman’s recommendation: That DIAC thoroughly examine the impact of removal on his health; if his life is at risk as a result of removal that the Minister consider the grant of a permanent visa; that his s 417 request be progressed without delay. |
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Turkish citizen aged 47 detained for more than 2 years; Depressive disorder, anxiety, PTSD, admitted to a psychiatric hospital, self-harming, guardianship order with Office of Public Advocate; legal proceedings in relation to access to medical treatment. Review/Courts: RRT/FMC/FFC. Granted a GSHV.
No recommendation by Ombudsman. |
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