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Migration Act 1958—Section 486O—Assessment of detention arrangements—Personal identifier 1000854-O3, 1001618-O4, 1002294-O4, 1002553-O4, 1002813-O3, 1002841-O1, 1003033-O1, 1003141-O, 1003150-O, 1003339-O—Government response to Ombudsman's reports


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RESPONSE TO OMBUDSMAN’S ASSESSMENT NO. 17 / 2020 MADE UNDER SECTION 486O OF THE MIGRATION ACT 1958

STATEMENT TO PARLIAMENT - No. 17 / 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: 1003033-O1

This person’s visa application may be effected by a recent decision of the courts that is subject to appeal. This person’s case will be expedited once the relevant court proceedings are finalised.

This person’s placement has been considered in light of International Health and Medical Services (IHMS) advice and the findings of this person’s outpatient reviews. In accordance with this advice, this person was recently relocated to new accommodation in their current Immigration Detention Centre (IDC) where the risks to their mental health and personal safety can be optimally managed.

IHMS has not made any clinical recommendation for a placement in the community or in a mental health facility under a specialised detention placement. IHMS has advised that this person’s health conditions are appropriately managed in their current placement under a care plan that includes appropriate medical support, pharmacological treatments and enhanced welfare support, including programs and activities.

2. Tabling statement for case: 1003141-O

I note the Ombudsman’s recommendation. The Department has initiated an assessment of this person against the Minister’s section 195A guidelines for consideration of the grant of a bridging visa.

IHMS have made no clinical recommendation for a community placement for this person. The Department has reviewed this person’s circumstances and decided an assessment of this person against the Minister’s section 197AB guidelines for consideration of a community placement under a Residence Determination (RD) is not appropriate at this time.

3. Tabling statement for case: 1003150-O

I note the Ombudsman’s recommendations. The Department has determined an assessment of this person against the Minister’s section 195A guidelines for grant of a bridging visa is not appropriate, as this person is eligible to be considered for the grant of a bridging visa by a delegate.

This person was subsequently considered for the grant of a bridging visa by a delegate and found not to meet the criteria set out in the Migration Regulations 1994, due to their substantial criminal record.

This person has recently requested voluntary removal from Australia. While removal planning is underway, the Department has initiated an assessment of this person against the Minister’s section 197AB guidelines for consideration of a community placement under an RD.

4. Tabling statement for cases: 1000854-O3, 1001618-O4, 1002294-O4, 1002553-O4, 1002813-O3, 1002841-O1 and 1003339-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