Immigration Ombudsman
Since amendments were made to the Ombudsman Act 1976 in December 2005, the Commonwealth Ombudsman, in performing functions in relation to immigration and detention, has used the title, Immigration Ombudsman.
In addition to the general approaches received regarding immigration matters, the Immigration Ombudsman has also taken on enhanced responsibilities in relation to immigration, including:
- reviewing cases of immigration detention exceeding two years and providing reports to the Minister for Immigration
- reviewing cases of detention exceeding six months and providing reports to the Secretary of the Department of Immigration and Citizenship
- monitoring the administration of coercive powers delegated to immigration officers including powers to search premises, to seize documents and valuables, to detain non-citizens, and to remove or deport non-citizens from Australia
- oversighting off-shore processing of immigration cases
- inspecting immigration detention facilities.
In July 2005 the Ombudsman commenced a review of possible wrongful immigration detention matters. Although that review was completed in 2007, the Immigration Ombudsman continues to monitor outcomes for affected persons, particularly where a remedy or possible compensation was recommended in the review.