Commonwealth Ombudsman, Prof. John McMillan, is calling on the media to refrain from potentially damaging speculation while the investigation into the detention and removal from Australia of Vivian Alvarez (Solon) is being conducted.

‘In the interests of a comprehensive and accurate investigation, I ask that members of the public and the media be patient and await the final report rather than engaging in preemptory conjecture that may cause unnecessary embarrassment or even damage to people’s reputations,’ Prof. McMillan said.

Prof. McMillan’s statement follows the coverage of the Vivian Alvarez case on the ABC’s Lateline program on 25 July 2005. Lateline reported that Barbara Sue-Tin, a senior immigration official with the Department of Immigration and Multicultural and Indigenous Affairs, was aware that Ms Alvarez had been removed from Australia some two years before she was identified and located in the Philippines.

Prof. McMillan noted that Ms Sue-Tin has been named as an immigration official with particular knowledge relating to Ms Alvarez’s immigration status and whereabouts. ‘At this stage the investigation has not revealed any reason to attribute improper or inappropriate behaviour to Ms Sue-Tin’, Prof McMillan said. ‘I discourage any further speculation as to the course of events surrounding Ms Alvarez’s removal from Australia and ask that the media await the outcome of the investigation.’

The investigation into the circumstances surrounding the removal of Ms Alvarez has now come under the auspices of the Commonwealth Ombudsman and continues to be led by Mr Neil Comrie. Prof. McMillan observed that the inquiry is progressing well and that the transition to an investigation under the Ombudsman Act 1976 has gone smoothly.

Date of release: 28 July 2005