From 29 June 2005, the Commonwealth Ombudsman’s office assumes the responsibility for conducting reviews of people who have been in immigration detention for two years or more.

Under changes to the Migration Act 1958, the Department of Immigration, Multicultural and Indigenous Affairs (DIMIA) is now required to report to the Commonwealth Ombudsman every six months on the circumstances of each long-term detainee.

The Ombudsman will examine each report and provide his independent assessment and recommendations on the appropriateness of the person’s detention arrangements to the Minister for Immigration, who must then table the assessment in Parliament. The Ombudsman may in his assessment recommend the release of a person, the granting of a permanent visa, the ongoing detention, or any other recommendation he considers appropriate.

A separate team is being established within the Ombudsman’s office to investigate matters relating to the reports on long-term detainees provided by DIMIA. The team will decide on the scope of assessment and investigation required for each case, prepare reports, and liaise with the Department and other relevant parties.

Any reports that may be made public will summarise what is contained in the main report, without compromising the confidentiality of an individual. It is important that the privacy of any person is not adversely affected.

The Ombudsman will review cases following the receipt of reports from DIMIA, starting with the cases of people who have been held in immigration detention facilities for the longest period of time. The highest priorities for review of cases will reflect the reasons for the change in the legislation, such as children held in detention, people with significant health problems, and people continuing to be held in an immigration detention facility. It is important to ensure that these reviews are conducted thoroughly and as quickly as possible.

The Ombudsman’s office will still receive and handle complaints in the ordinary course of business from people held in detention. In handling complaints from detainees, it is unlikely that the Ombudsman will be able to respond favourably to requests to give one case priority over another. However, if a person considers that their circumstances are significantly special to warrant consideration of a review urgently, they are invited to put their case to the Ombudsman for consideration.

Date of release: 14 July 2005

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      From 29 June 2005, the Commonwealth Ombudsman’s office assumes the responsibility for conducting reviews of people who have been in immigration detention for two years or more.

      Under changes to the Migration Act 1958, the Department of Immigration, Multicultural and Indigenous Affairs (DIMIA) is now required to report to the Commonwealth Ombudsman every six months on the circumstances of each long-term detainee.

      The Ombudsman will examine each report and provide his independent assessment and recommendations on the appropriateness of the person’s detention arrangements to the Minister for Immigration, who must then table the assessment in Parliament. The Ombudsman may in his assessment recommend the release of a person, the granting of a permanent visa, the ongoing detention, or any other recommendation he considers appropriate.

      A separate team is being established within the Ombudsman’s office to investigate matters relating to the reports on long-term detainees provided by DIMIA. The team will decide on the scope of assessment and investigation required for each case, prepare reports, and liaise with the Department and other relevant parties.

      Any reports that may be made public will summarise what is contained in the main report, without compromising the confidentiality of an individual. It is important that the privacy of any person is not adversely affected.

      The Ombudsman will review cases following the receipt of reports from DIMIA, starting with the cases of people who have been held in immigration detention facilities for the longest period of time. The highest priorities for review of cases will reflect the reasons for the change in the legislation, such as children held in detention, people with significant health problems, and people continuing to be held in an immigration detention facility. It is important to ensure that these reviews are conducted thoroughly and as quickly as possible.

      The Ombudsman’s office will still receive and handle complaints in the ordinary course of business from people held in detention. In handling complaints from detainees, it is unlikely that the Ombudsman will be able to respond favourably to requests to give one case priority over another. However, if a person considers that their circumstances are significantly special to warrant consideration of a review urgently, they are invited to put their case to the Ombudsman for consideration.

      Date of release: 14 July 2005