Detention status delays

Background

Since 2013, people who arrived in Australia by sea – or were born here subsequently – have been transferred to Australia from regional processing centres for medical treatment and are subject to return to a regional processing country on completion of their treatment.

Between November 2022 and May 2023, the Minister for Immigration, Citizenship and Multicultural Affairs intervened to grant 330 people in this cohort bridging visas.

However, the Department of Home Affairs (Home Affairs) found that some of these people faced challenges finding stable employment or appropriate accommodation, even after 6 months of transitional support. In response, in May 2023 Home Affairs recalled a number of submissions that were under consideration for a visa under s 195A of the Migration Act 1958 (Migration Act).

Why we investigated

In August 2024, while assessing an individual’s case, we found that Home Affairs was yet to finalise this matter, and others were still waiting for a ministerial intervention (MI) outcome from the May 2023 recall.

Knowing that this ongoing uncertainty about their immigration status posed a significant risk to the health and welfare of these people, we sought an explanation. Home Affairs advised us that an MI process was underway, but no submissions were before the Minister at the time.

What we found

We requested a list of people impacted who were still awaiting an outcome from the MI process. We identified 35 people who were yet to receive closure about their detention status. Under s 486O of the Migration Act, the Ombudsman recommended that the Minister and the Department expedite the MI process for consideration of a visa grant under s 195A of the Migration Act for all the 35 individuals impacted

Outcome

At the time of publication, we were still awaiting the Minister’s response to our recommendation.