Bulletin 3-6 September 2005 - Progress with assessments of the circumstances of people who have remained in immigration detention for two years or more - Immigration bulletins

This bulletin clarifies some of the more recent issues this office has been dealing with in relation to our review of long-term detainees. Not all detainees are in immigration detention centres as many are now in community based detention arrangements and some are in hospitals due to general health issues and mental illnesses. We also have a responsibility to review the circumstances of a number of detainees who have been granted visas but who were in immigration detention at the time we assumed responsibility for undertaking these assessments.

As at 6 September 2005, this office has received reports on 79 detainees from the Department of Immigration and Multicultural and Indigenous Affairs (DIMIA). We are currently progressing with the review of these cases. DIMIA is providing reports to us as soon as they can so that we can review them in a timely manner.

Communications with advocacy groups and individuals

We have received many telephone calls, faxes and letters from various advocacy groups and individuals throughout Australia during the month of August in support of individual detainees. We have tried to either telephone these representatives or write to them to acknowledge receipt of these materials. For the cases where we have not received a report on a detainee from DIMIA, we are retaining the information from advocates for consideration in the review of the individual detainees’ circumstances over the coming weeks.

It is important to reiterate that the Ombudsman has requested reports in order of priority, starting with the cases of those who have been in detention the longest. Within this group, precedence will be given to assessing cases involving the long-term detention of people who present with significant health problems (including those with current mental health issues). We have recently been focussing on detainees with mental health concerns, such as those at the Glenside Hospital in Adelaide.

Visit to South Australia

A Senior Assistant Ombudsman and Director of Investigations from the Canberra office recently visited Glenside Hospital to interview some detainees who had been in Baxter detention centre.

We also met with a range of community organisations and refugee advocacy groups.

Issues raised during the interviews and meetings are currently being followed up with DIMIA.

Detainees facing impending removal from Australia

It should be noted that it is not the role of this office to try and prevent DIMIA from removing someone who has exhausted all avenues to remain in Australia (including appeals to the Full Federal Court) and where a decision has been made to remove the person to another country. While we will seek to interview detainees prior to removal where this is at all possible, this office is not in a position to replace a decision made by DIMIA and seek to prevent the lawful removal of a person. Delaying removal would in most cases cause the detainee to remain in detention for a longer period and it is not in the interests of the detainee for this to occur.

We will continue to liaise closely with DIMIA in relation to all cases of imminent removal or deportation and seek to interview detainees prior to removal action. We will examine each case on its merits and if we feel that there are issues of contention, we will raise these directly with DIMIA for its consideration in the context of making a removal decision.

Future visits to detention centres

A number of reports have now been received from DIMIA in relation to detainees at the Baxter Immigration Detention Centre (Port Augusta). We will visit the centre and interview the detainees concerned in the near future.

A visit to the Villawood Immigration Detention Centre in Sydney is scheduled to take place in October.