The Commonwealth Ombudsman (the Ombudsman) is required by the Migration Act 1958 to assess the appropriateness of the immigration detention arrangements for each person detained for two years or more. The Ombudsman's assessment is provided to the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, along with a de-identified version, which the Minister must table in Parliament.
Recent report published by the ombudsman covers ten case studies of migrants held in detention centre. A summary of the report is detailed in this article.
The report covers ten cases as mentioned, a particular case covers a 35-year-old man who has been in detention for 2,547 days (almost seven years). This is now the 6th time this case has come up before a review. The Department’s report advised that Mr X had no outstanding matters before the Department, tribunals or the courts and has been on an involuntary removal pathway since May 2015. The Ombudsman’s previous assessment recommended that this case be referred to the Minister for consideration under s 195A for the grant of a bridging visa, given the protracted nature of the man’s removal from Australia and the adverse impact of remaining in detention. On 12 September 2019 the Minister advised in a tabling statement that the Department had recently referred this case for his consideration. The Ombudsman’s recent recommendation is that this case be expedited. The Ombudsman is concerned that the man is likely to remain in immigration detention for a prolonged period due to the protracted nature of his removal from Australia. This poses a significant risk to his health and welfare.
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