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Migration Act 1958—Section 486O—Assessment of detention arrangements—Personal identifier 1001037-O4, 1001665-O4, 1001833-O3, 1002463-O4, 1002552-O3, 1002939-O1, 1003021-O1, 1003023-O1, 1003125-O, 1003132-O—Government response to Ombudsman's reports


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RESPONSE TO OMBUDSMAN’S ASSESSMENT NO. 16 / 2020 MADE UNDER SECTION 486O OF THE MIGRATION ACT 1958

STATEMENT TO PARLIAMENT - No. 16 / 2020

General Comments

I refer to the Commonwealth Ombudsman’s assessment tabled in Parliament today. This assessment refers to 13 people who have been in immigration detention for two or more years. This assessment contains recommendations relating to three cases.

Response to the Commonwealth Ombudsman’s assessment

1. Tabling statement for case: 1001665-O4

The Department recently initiated an assessment of this person against the Minister’s section 197AB guidelines for consideration of a community placement under a Residence Determination.

If they meet the requirements, they will be referred to the Assistant Minister for Customs, Community Safety and Multicultural Affairs for consideration under section 197AB of the Migration Act 1958 (the Act), of a community placement under a Residence Determination.

2. Tabling statement for case: 1002463-O4

This person’s SHEV application is being considered afresh by a delegate in line with the decision of the Administrative Appeals Tribunal. This assessment is being expedited.

The Department is also preparing a submission for the consideration of the Assistant Minister for Customs, Community Safety and Multicultural Affairs to grant a bridging visa under section 195A of the Act or approve community placement under a Residence Determination under section 197AB of the Act.

3. Tabling statement for case: 1002939-O1

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

4. Tabling statement for cases: 1001037-O4, 1001833-O3, 1002552-O3, 1003021-O1, 1003023-O1, 1003125-O and 1003132-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

16 / 7 / 2020