The Vivian Alvarez matter

The report of the Inquiry into the Circumstances of the Vivian Alvarez Matter was released on 6 October 2005 and is available on this website. The Minister, Senator The Hon Amanda Vanstone, and the Secretary of DIMIA have accepted all of the recommendations of this report. The Secretary of DIMIA has also appointed an external and independent person to undertake an inquiry into the possible breach of the APS code of conduct matters raised in the Alvarez report.

Progress on 220 detention related cases

The Office of the Ombudsman is responsible for the investigation of 220 further immigration detention cases identified by DIMIA where the persons detained have been released from detention with their files marked ‘not unlawful’. Two hundred of these cases have been subjected to an initial assessment and are being approached on the basis of systemic issues identified in this assessment process. These cases have been grouped under the following categories:

An additional case not involving detention has also been referred to the Ombudsman.

Currently, there are 61 cases under active investigation: 50 related to data issues where DIMIA records may not have been up to date or may have been incorrect or conflicting; and 11 cases where the person detained may have had a mental health issue that caused problems in identifying them or clarifying their status.

At this stage we have not completed the assessment of the cases, and are not in a position to confirm that the data is accurate or indicate whether any or all of the periods of detention were unlawful.

It is anticipated that reports on the matters currently under investigation will not be completed until early 2006. The additional 20 cases were referred to the Ombudsman in October. DIMIA is providing summary preliminary information on these cases, and they will be included with the categories identified above as appropriate.

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      Bulletin 4-31 October 2005 - Investigation of referred immigration cases - Immigration bulletins

      The Vivian Alvarez matter

      The report of the Inquiry into the Circumstances of the Vivian Alvarez Matter was released on 6 October 2005 and is available on this website. The Minister, Senator The Hon Amanda Vanstone, and the Secretary of DIMIA have accepted all of the recommendations of this report. The Secretary of DIMIA has also appointed an external and independent person to undertake an inquiry into the possible breach of the APS code of conduct matters raised in the Alvarez report.

      Progress on 220 detention related cases

      The Office of the Ombudsman is responsible for the investigation of 220 further immigration detention cases identified by DIMIA where the persons detained have been released from detention with their files marked ‘not unlawful’. Two hundred of these cases have been subjected to an initial assessment and are being approached on the basis of systemic issues identified in this assessment process. These cases have been grouped under the following categories:

      • Children in detention
      • Data issues
      • Mental health issues
      • Validity of notification issues (legal matters)
      • Cases affected by the Srey case (legal matters)
      • Other legal issues
      • Detention process issues.

      An additional case not involving detention has also been referred to the Ombudsman.

      Currently, there are 61 cases under active investigation: 50 related to data issues where DIMIA records may not have been up to date or may have been incorrect or conflicting; and 11 cases where the person detained may have had a mental health issue that caused problems in identifying them or clarifying their status.

      At this stage we have not completed the assessment of the cases, and are not in a position to confirm that the data is accurate or indicate whether any or all of the periods of detention were unlawful.

      It is anticipated that reports on the matters currently under investigation will not be completed until early 2006. The additional 20 cases were referred to the Ombudsman in October. DIMIA is providing summary preliminary information on these cases, and they will be included with the categories identified above as appropriate.