The Commonwealth Ombudsman, Prof. John McMillan, today released the report, prepared by Mr Neil Comrie AO APM, into the circumstances of the Vivian Alvarez matter.

Ms Alvarez, an Australian citizen, was detained by officers of the Department of Immigration and Multicultural and Indigenous Affairs (DIMIA) as a suspected unlawful non-citizen, and removed from Australia, in 2001. While some DIMIA officers became aware in 2003 and 2004 that Ms Alvarez had been removed, it was not until 2005 that she was located. The report finds that it was largely due to the persistent efforts of Ms Alvarez’s former husband that DIMIA took steps to deal with the matter.

The report identifies numerous failures in DIMIA processes that adversely affected Ms Alvarez. These include the failure by DIMIA officers to properly identify Ms Alvarez, the decision to detain her under the Migration Act, the subsequent decision to remove her from Australia, the level of health care provided to her while in detention, and DIMIA’s response to concerns raised by her former husband as to her whereabouts.

Recommendations made in the report reinforce a number of the recommendations made by Mr Mick Palmer AO APM in his inquiry into the circumstances of the immigration detention of Cornelia Rau.

The report also identifies failures by several individual DIMIA officers who, on becoming aware in 2003 and 2004 that an Australian citizen had been wrongfully removed from the country, took no further action on the matter. The report recommends that the Secretary of DIMIA consider whether some officers may have breached the Australian Public Service Code of Conduct.

The Department has indicated that it accepts all the recommendations. The Secretary, Mr Andrew Metcalfe, has provided a comprehensive statement of the actions being taken to address the issues identified. This statement is included in my report.

In releasing the report, Prof. McMillan said: ‘This report highlights some critical failures in public administration that had a dramatic adverse effect on an Australian citizen’.

‘There are many lessons that emerge from this report. Government administrative systems and processes must have a sound legislative basis. Staff must receive adequate training and support to administer the law in a fair, lawful and transparent manner. It is expected of all officers in government that they act responsibly and with integrity. Unless these lessons are put into practice, serious failures in public administration can occur with potentially devastating results for vulnerable members of the public.’

A copy of the report is available at www.ombudsman.gov.au.

Date of release: 6 October 2005

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      The Commonwealth Ombudsman, Prof. John McMillan, today released the report, prepared by Mr Neil Comrie AO APM, into the circumstances of the Vivian Alvarez matter.

      Ms Alvarez, an Australian citizen, was detained by officers of the Department of Immigration and Multicultural and Indigenous Affairs (DIMIA) as a suspected unlawful non-citizen, and removed from Australia, in 2001. While some DIMIA officers became aware in 2003 and 2004 that Ms Alvarez had been removed, it was not until 2005 that she was located. The report finds that it was largely due to the persistent efforts of Ms Alvarez’s former husband that DIMIA took steps to deal with the matter.

      The report identifies numerous failures in DIMIA processes that adversely affected Ms Alvarez. These include the failure by DIMIA officers to properly identify Ms Alvarez, the decision to detain her under the Migration Act, the subsequent decision to remove her from Australia, the level of health care provided to her while in detention, and DIMIA’s response to concerns raised by her former husband as to her whereabouts.

      Recommendations made in the report reinforce a number of the recommendations made by Mr Mick Palmer AO APM in his inquiry into the circumstances of the immigration detention of Cornelia Rau.

      The report also identifies failures by several individual DIMIA officers who, on becoming aware in 2003 and 2004 that an Australian citizen had been wrongfully removed from the country, took no further action on the matter. The report recommends that the Secretary of DIMIA consider whether some officers may have breached the Australian Public Service Code of Conduct.

      The Department has indicated that it accepts all the recommendations. The Secretary, Mr Andrew Metcalfe, has provided a comprehensive statement of the actions being taken to address the issues identified. This statement is included in my report.

      In releasing the report, Prof. McMillan said: ‘This report highlights some critical failures in public administration that had a dramatic adverse effect on an Australian citizen’.

      ‘There are many lessons that emerge from this report. Government administrative systems and processes must have a sound legislative basis. Staff must receive adequate training and support to administer the law in a fair, lawful and transparent manner. It is expected of all officers in government that they act responsibly and with integrity. Unless these lessons are put into practice, serious failures in public administration can occur with potentially devastating results for vulnerable members of the public.’

      A copy of the report is available at www.ombudsman.gov.au.

      Date of release: 6 October 2005