New legislation

As advised in the last Bulletin (Bulletin No. 6), the necessary legislation has been passed to include the Immigration Ombudsman as part of the Commonwealth Ombudsman’s jurisdiction. We are in the final stages of selecting staff for this function as it has created many new positions.

The Ombudsman is about to release a comprehensive Own Motion Report into the administration of visa cancellations under s 501 of the Migration Act as it applies to long-term permanent residents. Under this section of the Act, non-citizens who, because of their criminal record, do not satisfy the Minister responsible for immigration matters that they are of good character, can be removed from the country. This report was instigated because of several serious complaints made to the Ombudsman in the last few years. It is expected that this report will be published next week and it will be available from our website.

Progress with assessments of the circumstances of people who have remained in immigration detention for two years or more

This bulletin clarifies some of the issues that have arisen since the last Immigration Bulletin in relation to the Ombudsman’s review of long-term immigration detainees.

The Department of Immigration and Multicultural and Indigenous Affairs (DIMIA) of course has dropped off the “Indigenous Affairs” portfolio and so we are now referring to them as DIMA. Reports from DIMA to the Ombudsman under s 486N of the Migration Act 1958 continue in a timely manner. As at 27 January 06 this office has received reports on 211 long-term detainees. Of these reports, 152 related to the detainees who had been in detention for more than two years as at 29 June 05. The remaining 59 reports received were for detainees who had reached the two-year mark post 29 June 05.

The Ombudsman has provided 43 assessments to the Minister for consideration and a statement for tabling in Parliament (with personal details removed) in respect of each of these assessments. The first assessments that were provided to the Minister were

accompanied by a covering statement from the Ombudsman, setting out the broad approach he is taking in discharging his statutory obligations. A copy of this covering statement was attached in the previous immigration bulletin (number 6) on 14 December 05.

As required by the Act, DIMA has to provide another report to the Ombudsman each 6 months if the person, who has been in detention for 2 years, remains in detention. Of the people who were detained for more than 2 years as at 29 June 2005 (152), 51 people are still detained and we received reports on them on 18 January 06 as part of the secondreporting cycle. It is expected that follow-up face-to-face interviews will be conducted only if necessary as determined on a case-by-case basis. A report will be provided to the Minister and Parliament on these people.

In some cases, after the Ombudsman has signed the report but before the report is sent to the Minister, we hear that the person has been released from detention on a visa. When that happens, the Ombudsman has decided to add an addendum to his reports on the changed circumstances rather than try to change the report.

Assessments tabled in Parliament

Two assessments were tabled in Parliament by the Minister on 6 December 05. It is anticipated that the Minister will table in Parliament a number of the Ombudsman’s reports on the 9th and 16th February 2006. The reports will then be published on the Ombudsman’s website at www.ombudsman.gov.au

Interviews

Where possible, Ombudsman staff are continuing to conduct face-to-face interviews with people in detention and in the community. First priority was given to interviewing those in detention over 2 years at 29 June 2005 who were still in a detention facility. All of these have been interviewed and draft assessments completed except for several people identified recently who have been in and out of detention with a cumulative total of 2 years. Ninety-nine interviews with long-term immigration detainees have been conducted and 90% of those were face-to-face interviews.

A small number of detainees have declined to be interviewed. In these cases, we prepare the report to the Minister and Parliament based on all of the information available to us including the DIMA report, medical reports, court decisions, and the Refugee Review Tribunal decisions.

Further visits to detention centres and the community

A visit to conduct interviews at the Villawood IDC and people on residential determinations in Sydney is planned for February 06. Further visits to the Baxter Immigration Detention Facility and people in the community in South Australia Victoria and Perth are also being planned.

Communications with advocacy groups/community sector

We continue to receive many telephone calls, faxes and letters from various advocacy groups and individuals throughout Australia in support of individual detainees. As mentioned in previous Immigration Bulletins, 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 DIMA, we are retaining the information for consideration in the review of the individual detainee’s circumstances over the coming weeks. This information and contact is welcomed and often adds significant value to the report.

As noted in the previous bulletin, if members of the public or advocates have any issues arising from the review process that this office is conducting, we encourage you to raise them with the team conducting the reviews by email - ombudsman@ombudsman.gov.au ; ‘Attention Detention Review Team’ (for 2 Year Detention Review Cases) or by telephone - 02 6276 0111.

If you want to lodge a complaint (or on behalf of a person if you have their authority to do so), about a general detention issue, even if it relates to a person who has been detained for over 2 years, it is appropriate to contact the State office of the Commonwealth Ombudsman first. If necessary, the State office will refer the matter to a specialist team in Canberra.

Skip to main content
    0 results available.
      0 results available.
      language assistant menu topper outer language assistant menu topper inner

      Read documents in your language

      If you need more translations, please contact us via: 1300 362 072 or ombudsman@ombudsman.gov.au

      Bulletin 7-3 February 2006 - Progress on Immigration Matters - Immigration bulletins

      New legislation

      As advised in the last Bulletin (Bulletin No. 6), the necessary legislation has been passed to include the Immigration Ombudsman as part of the Commonwealth Ombudsman’s jurisdiction. We are in the final stages of selecting staff for this function as it has created many new positions.

      The Ombudsman is about to release a comprehensive Own Motion Report into the administration of visa cancellations under s 501 of the Migration Act as it applies to long-term permanent residents. Under this section of the Act, non-citizens who, because of their criminal record, do not satisfy the Minister responsible for immigration matters that they are of good character, can be removed from the country. This report was instigated because of several serious complaints made to the Ombudsman in the last few years. It is expected that this report will be published next week and it will be available from our website.

      Progress with assessments of the circumstances of people who have remained in immigration detention for two years or more

      This bulletin clarifies some of the issues that have arisen since the last Immigration Bulletin in relation to the Ombudsman’s review of long-term immigration detainees.

      The Department of Immigration and Multicultural and Indigenous Affairs (DIMIA) of course has dropped off the “Indigenous Affairs” portfolio and so we are now referring to them as DIMA. Reports from DIMA to the Ombudsman under s 486N of the Migration Act 1958 continue in a timely manner. As at 27 January 06 this office has received reports on 211 long-term detainees. Of these reports, 152 related to the detainees who had been in detention for more than two years as at 29 June 05. The remaining 59 reports received were for detainees who had reached the two-year mark post 29 June 05.

      The Ombudsman has provided 43 assessments to the Minister for consideration and a statement for tabling in Parliament (with personal details removed) in respect of each of these assessments. The first assessments that were provided to the Minister were

      accompanied by a covering statement from the Ombudsman, setting out the broad approach he is taking in discharging his statutory obligations. A copy of this covering statement was attached in the previous immigration bulletin (number 6) on 14 December 05.

      As required by the Act, DIMA has to provide another report to the Ombudsman each 6 months if the person, who has been in detention for 2 years, remains in detention. Of the people who were detained for more than 2 years as at 29 June 2005 (152), 51 people are still detained and we received reports on them on 18 January 06 as part of the secondreporting cycle. It is expected that follow-up face-to-face interviews will be conducted only if necessary as determined on a case-by-case basis. A report will be provided to the Minister and Parliament on these people.

      In some cases, after the Ombudsman has signed the report but before the report is sent to the Minister, we hear that the person has been released from detention on a visa. When that happens, the Ombudsman has decided to add an addendum to his reports on the changed circumstances rather than try to change the report.

      Assessments tabled in Parliament

      Two assessments were tabled in Parliament by the Minister on 6 December 05. It is anticipated that the Minister will table in Parliament a number of the Ombudsman’s reports on the 9th and 16th February 2006. The reports will then be published on the Ombudsman’s website at www.ombudsman.gov.au

      Interviews

      Where possible, Ombudsman staff are continuing to conduct face-to-face interviews with people in detention and in the community. First priority was given to interviewing those in detention over 2 years at 29 June 2005 who were still in a detention facility. All of these have been interviewed and draft assessments completed except for several people identified recently who have been in and out of detention with a cumulative total of 2 years. Ninety-nine interviews with long-term immigration detainees have been conducted and 90% of those were face-to-face interviews.

      A small number of detainees have declined to be interviewed. In these cases, we prepare the report to the Minister and Parliament based on all of the information available to us including the DIMA report, medical reports, court decisions, and the Refugee Review Tribunal decisions.

      Further visits to detention centres and the community

      A visit to conduct interviews at the Villawood IDC and people on residential determinations in Sydney is planned for February 06. Further visits to the Baxter Immigration Detention Facility and people in the community in South Australia Victoria and Perth are also being planned.

      Communications with advocacy groups/community sector

      We continue to receive many telephone calls, faxes and letters from various advocacy groups and individuals throughout Australia in support of individual detainees. As mentioned in previous Immigration Bulletins, 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 DIMA, we are retaining the information for consideration in the review of the individual detainee’s circumstances over the coming weeks. This information and contact is welcomed and often adds significant value to the report.

      As noted in the previous bulletin, if members of the public or advocates have any issues arising from the review process that this office is conducting, we encourage you to raise them with the team conducting the reviews by email - ombudsman@ombudsman.gov.au ; ‘Attention Detention Review Team’ (for 2 Year Detention Review Cases) or by telephone - 02 6276 0111.

      If you want to lodge a complaint (or on behalf of a person if you have their authority to do so), about a general detention issue, even if it relates to a person who has been detained for over 2 years, it is appropriate to contact the State office of the Commonwealth Ombudsman first. If necessary, the State office will refer the matter to a specialist team in Canberra.