(1) Did a detainee die at the Maribyrnong Immigration Detention Centre on or about 22 December 2000; if so, (a) how long had he been in Australia, (b) on what type of visa did he enter Australia, (c) when did his visa expire, (d) how long had he been in Australia illegally and (e) how and when did his Department locate him.

(2) During the course of the person's illegal period in Australia, including when detained in the Detention Centre, did he make any applications to remain in Australia.

(3) Is there any evidence that the person worked during the period of illegal stay in Australia; if so, who were his employers.

(1) Yes, Mr Viliami Tanginoa a 52 year old Tongan national died at Maribyrnong Immigration Detention Centre on 22 December 2000. Mr Tanginoa was scheduled for removal from Australia that day and in an attempt to prevent his removal he climbed a basket ball pole, and subsequently died. The Victorian Coroner is currently investigating the circumstances surrounding his death.

(a) Mr Tanginoa had been in Australia since 30 April 1983.

(b) Mr Tanginoa entered Australia on a V 12 Visitor visa and was granted a stay on arrival of six months.

(c) Mr Tanginoa did not depart Australia on the expiry of his stay on 30 October 1983. There is no record of an approach to any Department of Immigration and Multicultural Affairs (DIMA) office to seek further legal stay until October 1994.

(d) Mr Tanginoa was in Australia unlawfully from the expiry of his V12 Visitor visa on 30 October 1983 until he lodged an application for a Protection Visa on 28 October 1994. His application was refused at primary level on 30 March 1995. He did not seek review of the decision and subsequently became unlawful again.

(e) Mr Tanginoa was located by Swan Hill police in Victoria on 20 August 2000, following information they had received in relation to his unlawful status. He was subsequently transferred to immigration detention.

(2) On 28 October 1994 Mr Tanginoa applied for a Protection Visa (866) at the Sydney office of my Department. He was granted a bridging visa C and permission to work on 13 March 1995. The application was refused on 30 March 1995 and written advice of the decision posted on that date was returned addressee unknown. Mr Tanginoa did not lodge an application for a review of this decision and did not depart Australia.

No further contact with Mr Tanginoa is recorded until 20 August 2000 when Victorian Swan Hill Police advised they had detained Mr Tanginoa.

On 6 September 2000 Mr Tanginoa lodged a Bridging E visa application whilst in immigration detention. The delegate refused the application on 7 September 2000. He appealed this decision to the Migration Review Tribunal (MRT) and the MRT affirmed this decision on 18 September 2000.

(3) While in Australia Mr Tanginoa advised DIMA staff that he had worked at a variety of factory jobs, as a metal worker and most recently at a fruit shop in Marrickville. He stated he left his employment in May 2000 to visit his son in Mildura. No details regarding employers were provided.