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Migration Act 1958—Section 486O—Assessment of detention arrangements—Personal identifier 1000373-O4, 1001519-O5, 1002814-O2, 1002815-O3, 1002916-O2, 1002929-O1, 1002933-O2, 1002940-O1, 1003142-O, 2000007-O2—Government response to Ombudsman's reports


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RESPONSE TO OMBUDSMAN’S ASSESSMENT NO. 14 / 2020 MADE UNDER SECTION 486O OF THE MIGRATION ACT 1958

STATEMENT TO PARLIAMENT - No. 14 / 2020

General Comments

I refer to the Commonwealth Ombudsman’s assessment tabled in Parliament today. This assessment refers to 10 people who have been in immigration detention for two or more years. This assessment contains recommendations relating to six cases.

Response to the Commonwealth Ombudsman’s assessment

1. Tabling statement for case: 1000373-O4

I note the Ombudsman’s recommendations. The External Agency finalised its consideration of this person’s security concerns.

This person was recently found to meet the Minister’s section 195A guidelines for consideration of a bridging visa. The Department of Home Affairs (the Department) is preparing a submission for the consideration of the Assistant Minister for Customs, Community Safety and Multicultural Affairs.

The Department reviewed this person’s placement, taking into account their family and support networks, their behavioural concerns and health and welfare needs as well as capacity issues across the detention network. Due to child custody issues, appropriate consent has not been provided to facilitate contact and visits between this person and their daughter. On this basis, this person advised the Department they are not currently pursuing a transfer to the relevant facility.

The Department will regularly review this person’s placement and carefully consider any further requests they make for a transfer closer to their family.

2. Tabling statement for case: 1001519-O5

The Department reviewed the circumstances of this person and will expedite consideration of their case within the existing legislative and policy framework.

3. Tabling statement for case: 1002814-O2

I note the Ombudsman’s recommendation. The cancellation of this person’s permanent visa was recently revoked under section 501CA(5) of the Migration Act 1958 (the Act). They were released from immigration detention and are currently residing in the community.

4. Tabling statement for case: 1002815-O3

I note the Ombudsman’s recommendations. The Department recently issued this person with a Notice of Intention to Consider Refusal (NOICR) of their visa under section 501 of the Act. The person was invited to comment on a range of information, which indicated they may not pass the character test and make any other submissions. They have 28 days to respond. Subject to any submissions from this person, the Department will expedite consideration of the person’s case under section 501 of the Act.

This person’s case was recently referred to the Assistant Minister for Customs, Community Safety and Multicultural Affairs for consideration of the grant of a bridging visa under section 195A of the Act.

5. Tabling statement for case: 1002940-O1

I note the Ombudsman’s recommendations. This person was recently found not to meet the Minister’s section 195A guidelines for consideration of a bridging visa.

6. Tabling statement for case: 2000007-O2

I note the Ombudsman’s recommendations. The Assistant Minister for Customs, Community Safety and Multicultural Affairs recently intervened under section 195A of the Act to this person a Return Pending bridging visa.

7. Tabling statement for cases: 1002916-O2, 1002929-O1, 1002933-O2 and 1003142-O

I note that the Ombudsman made no recommendations in relation to these cases.

(Original signed by Alan Tudge)

THE HON ALAN TUDGE MP Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

21/ 7 / 2020