Today, the Acting Commonwealth Ombudsman, Penny McKay, published a report about her Office’s activities in overseeing immigration detention in Australia from 1 July 2020 to 30 June 2021.

This report draws the Commonwealth Ombudsman’s:

“This is our fourth public report on immigration detention since being appointed as the OPCAT Commonwealth NPM.”

“Our visits to places of detention – and our public reports – play a critical role in protecting the rights of people who are deprived of their liberty”, Ms McKay said. “During COVID, our ability to safely inspect detention facilities was reduced. We are now looking forward to resuming inspections and meeting in‑person with people held in detention.”

In this report the acting Ombudsman makes 17 recommendations for improvement. The Department of Home Affairs accepted 12 recommendations, partially accepted 1 recommendation and noted 4 recommendations.

“I remain concerned about recurring themes in our recommendations since 2019, including the appropriateness of the use of hotels as Alternative Places of Detention (APODs), the management of complaints, and the overall number of people held in detention”, Ms McKay observed.

“Hotels rooms are simply not appropriate for long-term detention – that is, longer than 4 weeks,” Ms McKay stated. “People in detention should be afforded the same access to medical and welfare services, programs and activities, and fresh air regardless of where they are held."

The department provided a detailed response to the Office’s recommendations and suggestions. This ongoing dialogue between the department and the Office contributes to continuous improvements immigration detention to strengthen protections against ill-treatment of people in detention.

The acting Ombudsman also remains concerned about the increasing number of long-term detainees and delays in their case progression.

“The caseload of people in detention for more than 2 years increased gradually over the reporting period from 683 cases in July 2020 to 814 cases in June 2021. One case may involve an individual or a family group,” Ms McKay said. “This increase reflects fewer numbers of people in detention being removed from Australia due to COVID-19 travel restrictions.”

The Office continues to make recommendations, on a case-by-case basis, to expedite assessments against the guidelines for ministerial intervention and other aspects of a person’s case progression, such as the consideration of a visa or the lifting of a bar to allow a person to apply for a visa.

“Given the long and undefined periods for which people can be held, and notwithstanding the national security and other risks that may arise, it is crucial that each person’s case be kept under review with an eye to fairness and compassion.”

The report also outlines the number and types of complaints we receive about immigration detention facilities. “The complaints my Office receives are important not only for the individuals concerned, but also in highlighting possible systemic issues”, Ms McKay said.

The COVID-19 pandemic continues to present heightened risks in detention environments, and challenges for inspection bodies. The Office will continue to monitor the Department of Home Affairs’ response to the COVID-19 pandemic as well as the implementation of the recommendations made in this report.

The report can be found on the Commonwealth Ombudsman website here.

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      Today, the Acting Commonwealth Ombudsman, Penny McKay, published a report about her Office’s activities in overseeing immigration detention in Australia from 1 July 2020 to 30 June 2021.

      This report draws the Commonwealth Ombudsman’s:

      • Monitoring Commonwealth places of detention as the Commonwealth National Preventive Mechanism (NPM) under the United Nations Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT)
      • Handling complaints about immigration detention
      • Analysing the number of people detained and subsequently released as not unlawful, and
      • Undertaking assessments of detainees held for more than 2 years.

      “This is our fourth public report on immigration detention since being appointed as the OPCAT Commonwealth NPM.”

      “Our visits to places of detention – and our public reports – play a critical role in protecting the rights of people who are deprived of their liberty”, Ms McKay said. “During COVID, our ability to safely inspect detention facilities was reduced. We are now looking forward to resuming inspections and meeting in‑person with people held in detention.”

      In this report the acting Ombudsman makes 17 recommendations for improvement. The Department of Home Affairs accepted 12 recommendations, partially accepted 1 recommendation and noted 4 recommendations.

      “I remain concerned about recurring themes in our recommendations since 2019, including the appropriateness of the use of hotels as Alternative Places of Detention (APODs), the management of complaints, and the overall number of people held in detention”, Ms McKay observed.

      “Hotels rooms are simply not appropriate for long-term detention – that is, longer than 4 weeks,” Ms McKay stated. “People in detention should be afforded the same access to medical and welfare services, programs and activities, and fresh air regardless of where they are held."

      The department provided a detailed response to the Office’s recommendations and suggestions. This ongoing dialogue between the department and the Office contributes to continuous improvements immigration detention to strengthen protections against ill-treatment of people in detention.

      The acting Ombudsman also remains concerned about the increasing number of long-term detainees and delays in their case progression.

      “The caseload of people in detention for more than 2 years increased gradually over the reporting period from 683 cases in July 2020 to 814 cases in June 2021. One case may involve an individual or a family group,” Ms McKay said. “This increase reflects fewer numbers of people in detention being removed from Australia due to COVID-19 travel restrictions.”

      The Office continues to make recommendations, on a case-by-case basis, to expedite assessments against the guidelines for ministerial intervention and other aspects of a person’s case progression, such as the consideration of a visa or the lifting of a bar to allow a person to apply for a visa.

      “Given the long and undefined periods for which people can be held, and notwithstanding the national security and other risks that may arise, it is crucial that each person’s case be kept under review with an eye to fairness and compassion.”

      The report also outlines the number and types of complaints we receive about immigration detention facilities. “The complaints my Office receives are important not only for the individuals concerned, but also in highlighting possible systemic issues”, Ms McKay said.

      The COVID-19 pandemic continues to present heightened risks in detention environments, and challenges for inspection bodies. The Office will continue to monitor the Department of Home Affairs’ response to the COVID-19 pandemic as well as the implementation of the recommendations made in this report.

      The report can be found on the Commonwealth Ombudsman website here.