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Migration Act 1958—Section 486O—Assessment of detention arrangements—Personal identifier 1001202-O3, 1001513-O5, 1002416-O3, 1002672-O3, 1002918-O2, 1002944-O, 1003017-O1, 1003024-O1, 1003025-O1, 1003124-O—Commonwealth and Immigration Ombudsman’s reports—Report No. 11 of 2020


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Australian Government Department of Home Affairs

Assessments by the Commonwealth Ombudsman, under section 486O of the Migration Act 1958, for Tabling in Parliament

No. 11 / 2020

Personal identifier: 1001202-O3, 1001513-O5, 1002416-O3, 1002672-O3, 1002918-O2, 1002944-O, 1003017-O1, 1003024-O1, 1003025-O1, 1003124-O.

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. The de-identified assessments are available in this publication.

The Minister's response to the recommendations contained in the assessments is formatted as a Statement to Parliament and must also be tabled in Parliament. Once the Minister’s Statement to Parliament has been tabled, it is published on the Commonwealth Ombudsman's website at www.ombudsman.gov.au

The Ombudsman assesses the immigration detention arrangements for each person, after reviewing reports provided by the Department of Home Affairs. The Ombudsman may also consider any other relevant information including information provided by the person and/or their advocates.

All long-term immigration detention cases receive thorough consideration by the Ombudsman.

COMMONWEALTH

OMBUDSMAN 0

Our ref: 486N-1001202-03

~( March 2020

The Hon Alan Tudge MP Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs Parliament House CANBERRA ACT 2600

Dear Minister

Assessments under s 4860 of the Migration Act 1958

In accordance with s 4860 of the Migration Act 1958 (the Act) I am forwarding my assessment of 10 cases on the schedule (Attachment A) relating to 13 individuals who fall within the reporting and assessment obligation imposed by Part 8C of the Act.

My Office has assessed the appropriateness of the immigration detention arrangements of the 10 cases on the schedule and has made nine recommendations in relation to six cases.

The Act also requires that I prepare these de-identified statements for tabling in Parliament.

As part of this assessment my Office reviewed information relating to each individual's case progression, detention placement, legal matters and health and welfare. When required, further information was requested under s 486Q of the Act or s 8 of the Ombudsman Act 1976.

For the purposes of further assessment, my Office conducted interviews with Mr X (1002944-0).

Yours sincerely

Michael Manthorpe PSM Commonwealth Ombudsman

Influencing systemic improvement in public administration

GPO Box 442, Canberra ACT 2601 • Phone 1300 362 072 • ombudsman.gov.au

Attachment A

Schedule Page 1

SCHEDULE

Assessments of people placed in immigration detention for more than two years

When coming to this assessment, the Office reviewed information relating to each individual’s case progression, detention placement, legal matters and health and welfare. When required, further information was requested under s 486Q of the Act or s 8 of the Ombudsman Act 1976.

No Ombudsman ID Recommendations Name No. of

People Year of birth Days in

detention1 Detention status2 Date of 486N report Date last assessment

tabled

1 1001202-O3 1 Mr X 1 1985 2,547 IDF 12 June 2019 and 26 November 2019 12 September 2019

2 1001513-O5 1 Mr X

Ms X (wife)

2 1969

1963

2,375 2,375

CD CD

13 June 2019 and 9 December 2019 12 September 2019

3 1002416-O3 N Mr X

Ms X (wife) Master X (son)

3 1979

1981 2015

2,015 2,015 1,544

CD CD CD

28 May 2019 and 2 December 2019 12 September 2019

4 1002672-O3 2 Mr X 1 1981 1,994 IDF 29 May 2019 and 12 November 2019 12 September 2019

5 1002918-O2 2 Mr X 1 1984 1,277 IDF 3 June 2019 and 2 December 2019 9 September 2019

6 1002944-O 2 Mr X 1 1987 1,098 IDF 23 July 2018, 5 February 2019 and 24 July 2019 First Assessment

7 1003017-O1 1 Mr X 1 1986 1,095 IDF 5 June 2019 and 5 December 2019 9 September 2019

8 1003024-O1 N Mr X 1 1996 916 SHEV 20 June 2019 12 September 2019

9 1003025-O1 N Mr X 1 1976 1,095 CF 19 June 2019 and 16 December 2019 12 September 2019

10 1003124-O N Mr X 1 1988 917 CD 18 June 2019 and 3 December 2019 First Assessment

1 At date of the Department’s latest report. 2 Immigration Detention Facility (IDF), Community Placement (CD), Safe Haven Enterprise visa (SHEV), Correctional Facility (CF).

ASSESSMENT BY THE COMMONWEALTH OMBUDSMAN TO THE ACTING MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS Under s 486O of the Migration Act 1958

Name Mr X

Ombudsman ID 1001202-O3

This is the sixth s 486O assessment for Mr X who has remained in immigration detention for a cumulative period of more than seven years.

Ombudsman assessment

Since the Ombudsman’s previous assessment, Mr X's case was included in the long term detention submission referred to the then-Assistant Minister. In February 2019 the then-Assistant Minister indicated that Mr X’s case should be referred for consideration under ministerial intervention powers. The Department of Home Affairs’ (the Department) report of 12 June 2019 advised that in May 2019 the submission for Mr X’s case was referred to the Minister for consideration of a bridging visa under s 195A of the Migration Act 1958.

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 Department’s further report advised that Mr X does not have a valid travel document and is unwilling to return to Country A voluntarily. The report stated that in May 2015 the Department lodged an application for a travel document on behalf of Mr X and that the Department continued to work with the authorities of Country A to facilitate his removal.

The Department’s report of 26 November 2019 advised that the Australian Border Force scheduled Mr X’s involuntary removal for early August 2019 and as a result the Department withdrew the ministerial submission for his case under s 195A in June 2019. The report also advised that Mr X’s removal was cancelled because the authorities of Country A had not approved a travel document for him.

The Ombudsman’s previous assessment recommended that Mr X’s case be referred to the Minister for consideration under s 195A for the grant of a bridging visa, given the protracted nature of his 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 Mr X’s case for his consideration.

The Department’s report also advised that Mr X remains in an immigration detention facility because he requires ministerial intervention to be granted a bridging visa.

The International Health and Medical Services report stated that Mr X was monitored and received treatment as required for his pre-existing conditions.

Ombudsman Recommendation

The Ombudsman notes that Mr X has been held in immigration detention for a cumulative period of more than seven years and the Department and/or Minister have been considering Mr X’s case for a bridging visa since February 2019.

The Ombudsman also notes that Mr X has been on an involuntary removal pathway since 2015 and his removal is likely to be protracted because the authorities of Country A have not approved a travel document.

The Ombudsman is concerned that Mr X 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.

In light of the significant length of time Mr X has remained in detention and the protracted nature of his removal, the Ombudsman recommends that:

1. The consideration of Mr X’s case under s 195A be expedited.

ASSESSMENT BY THE COMMONWEALTH OMBUDSMAN TO THE ACTING MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS Under s 486O of the Migration Act 1958

Name Mr X

Ms X (wife)

Ombudsman ID 1001513-O5

This is the seventh s 486O assessment for Mr X and Ms X who have remained in immigration detention for more than six and a half years.

Ombudsman assessment

Since the Ombudsman’s previous assessment, in December 2018 Mr X and Ms X’s case was referred for an assessment against the guidelines under s 195A of the Migration Act 1958 for consideration of a bridging visa

The Department of Home Affairs’ report of 9 December 2019 advised that in July 2019 the Federal Circuit Court (FCC) set aside the Immigration Assessment Authority’s (IAA) decision to affirm the refusal of Mr X and Ms X’s Safe Haven Enterprise visa application (SHEV). The FCC remitted their case to the IAA for reconsideration. In August 2019 the IAA reaffirmed the decision.

In September 2019 Mr X and Ms X lodged an application for judicial review in the FCC. The Department’s report advised that the matter is scheduled for hearing in March 2020.

The Department’s report also advised that in August 2019 Mr X and Ms X’s case was found to meet the guidelines under s 195A and a submission was being prepared for the Minister’s consideration.

The International Health and Medical Services report advised that Mr X and Ms X continued to be monitored and received treatment as required for their pre-existing conditions which were well managed.

Ombudsman Recommendation

The Ombudsman notes that Mr X and Ms X have been in immigration detention for more than six and a half years and at the time of the Department’s report, were awaiting the outcome of judicial review.

The Ombudsman also notes that the Department has been preparing a submission to refer Mr X and Ms X’s case to the Minister since August 2019.

The Ombudsman is concerned that Mr X and Ms X are likely to remain in immigration detention for a prolonged period while their immigration matters remain ongoing. This poses a significant risk to their health and welfare.

The Ombudsman recommends that the Department:

1. Expedites its preparation of the submission under s 195A and refer it to the Minister.

ASSESSMENT BY THE COMMONWEALTH OMBUDSMAN TO THE ACTING MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS Under s 486O of the Migration Act 1958

Name Mr X

Ms X (wife) Master X (son)

Ombudsman ID 1002416-O3

This is the fourth s 486O assessment for Mr X, Ms X and Master X who have remained in immigration detention for a cumulative period of more than five and a half years.

Ombudsman assessment

Mr X and Ms X were transferred to a Regional Processing Country (RPC) in February 2014 and returned to Australia for medical treatment in November 2014. Their two sons were born in Australia following their temporary transfer. Their younger son is not yet subject to reporting under s 486N of the Migration Act 1958.

The Department of Home Affairs’ (the Department) report of 2 December 2019 advised that as the family arrived after 19 July 2013 they remain liable for transfer back to an RPC on completion of their treatment.

The Department’s report advised that the family was found to be refugees by the Government of an RPC.

The Department’s report further advised that, while they have children under the age of five who are not yet attending school, the family will not be considered for Final Departure bridging visas under s 195A.

The International Health and Medical Services (IHMS) report advised that Ms X received treatment for complex mental health concerns. IHMS advised that Master X received treatment for developmental and behavioural concerns.

The Ombudsman notes that Mr X and his family have been temporarily transferred to Australia for medical treatment from an RPC and, under current legal and policy settings, are subject to return to an RPC when they complete their treatment.

The family currently resides in the community under a residence determination, which provides them with health and welfare support. Notwithstanding their placement in the community, the Ombudsman is concerned about the risk the family’s long term and potentially indefinite detention and the uncertain nature of their immigration pathway poses to their health and welfare.

ASSESSMENT BY THE COMMONWEALTH OMBUDSMAN TO THE ACTING MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS Under s 486O of the Migration Act 1958

Name Mr X

Ombudsman ID 1002672-O3

This is the fourth s 486O assessment for Mr X who has remained in immigration detention for more than five and a half years.

Ombudsman assessment

Since the Ombudsman’s previous assessment, the Full Federal Court (FFC) set aside the then-Assistant Minister’s decision not to revoke the cancellation of Mr X’s visa under s 501 of the Migration Act 1958. In February 2018 the FFC remitted his case to the Department of Home Affairs (the Department) for reconsideration.

In November 2018 a delegate of the Minister decided not to revoke the decision to cancel Mr X’s visa. In February 2019 the Administrative Appeals Tribunal (AAT) affirmed the delegate’s decision.

Mr X lodged an application for judicial review in the Federal Court (FC). In October 2019 the FC set aside the AAT’s decision and remitted his case to the AAT for reconsideration. The Department’s report advised that the Department would not appeal the FC judgment.

The Department’s report of 12 November 2019 stated that Mr X’s case was identified for an assessment against the guidelines under s 195A for consideration of a bridging visa. The report also advised that Mr X remains in an immigration detention facility because s 501E prevents him from lodging valid bridging visa applications and he requires ministerial intervention to be granted a bridging visa.

The International Health and Medical Services report stated that Mr X was monitored and received treatment as required for his pre-existing conditions and that he expressed frustration about being separated from his children.

The Department’s report advised that in November 2019 Mr X’s detention placement was reviewed and he was transferred to a detention facility closer to his family and support network.

Ombudsman recommendation

The Ombudsman notes that Mr X has been held in immigration detention for more than five and a half years and at the time of the Department’s report, he was awaiting the outcome of the AAT’s reconsideration.

The Ombudsman also notes that at the time of the Department’s report, Mr X’s case was identified for an assessment against the guidelines under s 195A for consideration of a bridging visa.

The Ombudsman is concerned that Mr X is likely to remain in immigration detention for a prolonged period while his immigration matters remain ongoing. This poses a significant risk to his health and welfare.

Noting the significant length of time Mr X has remained in detention and the absence of any recent behavioural concerns, the Ombudsman recommends that the Department:

1. Expedites its assessment of Mr X’s case against the s 195A guidelines.

2. Commission a contemporary independent assessment of Mr X’s risk to the community to inform the assessment of his case against the s 195A guidelines.

ASSESSMENT BY THE COMMONWEALTH OMBUDSMAN TO THE ACTING MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS Under s 486O of the Migration Act 1958

Name Mr X

Ombudsman ID 1002918-O2

This is the third s 486O assessment for Mr X who has remained in immigration detention for more than three and a half years.

Ombudsman assessment

Mr X arrived in Australia in September 1992. Following legislative changes, in September 1994 he was granted a visa.

The Department of Home Affairs’ report of 3 June 2019 advised that in February 2016 Mr X was convicted of criminal offences. He was sentenced to three years and six month imprisonment with an 18-month non-parole period. His sentence was backdated to December 2014.

In May 2016 Mr X’s visa was mandatorily cancelled under s 501 of the Migration Act 1958 because he was serving a term of imprisonment of 12 months or more.

Mr X was detained in June 2016 on his release from a correctional facility. Four days later he lodged a request for revocation of the cancellation of his visa. In March 2017 a delegate of the Minister decided not to revoke the decision to cancel Mr X’s visa. In June 2017 the Administrative Appeals Tribunal (AAT)

affirmed the decision.

Mr X lodged an application for judicial review in the Federal Court (FC). In July 2018 the FC set aside the decision and remitted his case to the AAT for reconsideration. In May 2019 the AAT reaffirmed the delegate’s decision.

Mr X lodged another application for judicial review in the FC. In October 2019 the FC set aside the decision and remitted his case to the AAT for reconsideration. At the time of the Department’s report of 2 December 2019, the AAT’s reconsideration was ongoing.

The Department’s report also advised that Mr X remains in an immigration detention facility because s 501 prevents him from lodging valid bridging visa applications.

Ombudsman recommendation

The Ombudsman notes that Mr X has been held in immigration detention for more than three and a half years and at the time of the Department’s report, he was awaiting the outcome of the AAT’s reconsideration.

The Ombudsman is concerned that Mr X is likely to remain in immigration detention for a prolonged period while his immigration matters remain ongoing. This poses a significant risk to his health and welfare.

The Ombudsman recommends that the Department:

1. Assess Mr X’s case against the ss 195A and 197AB guidelines for consideration of a bridging visa or a community placement.

2. Commission a contemporary independent assessment of Mr X’s risk to the community to inform the assessment of his case against the ss 195A and 197AB guidelines.

ASSESSMENT BY THE COMMONWEALTH OMBUDSMAN TO THE ACTING MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS Under s 486O of the Migration Act 1958

Name Mr X

Ombudsman ID 1002944-O

This is the first s 486O assessment for Mr X who has remained in immigration detention for a cumulative period of more than three years.

Ombudsman assessment

Mr X arrived in Australia as the holder of a Student visa in May 2007. In April 2011 his visa was automatically cancelled under s 137J of the Migration Act 1958 because he failed to meet course requirements.

Mr X remained in the community unlawfully until October 2011 when he was detained on release from a correctional facility.

The Department of Home Affairs’ (the Department) report of 23 July 2018 advised that in January 2012 Mr X was granted a bridging visa and released from detention after he informed a delegate of his intent to lodge an application for a substantive visa. Eleven days later he lodged a Combined Partner visa application, which was refused in November 2012. In November 2013 the Migration Review Tribunal remitted his case to the Department with a direction he met the requirements to be granted the visa.

The Department’s report advised that Mr X has an extensive criminal history dating back to January 2010.

In September 2016 a delegate of the Minister refused Mr X’s Combined Partner visa application under s 501. Consequently, his bridging visa was cancelled under s 501F(3). Sixteen days later the Department notified Mr X of the decision and he was re-detained.

In December 2016 the Administrative Appeals Tribunal (AAT) affirmed the decision to refuse Mr X’s Combined Partner visa application. In August 2017 the Federal Court (FC) remitted the matter to the AAT for reconsideration. The AAT reaffirmed the refusal in June 2018 and Mr X sought judicial review in the FC.

The Department’s report of 5 February 2019 advised that in October 2018 Mr X’s case was referred to the Minister under ss 195A and 197AB for consideration of a bridging visa or community placement. In January 2019 the Minister declined to intervene under either provision.

In February 2019 the FC dismissed his application for judicial review of the AAT decision. Mr X applied for judicial review in the Full Federal Court (FFC). In December 2019 the FFC’s judgment was reserved.

The Department’s report further advised that Mr X’s case was referred to the Minister under ss 195A and 197AB again in June 2019 and the Minister declined to intervene in July 2019.

The Department’s report advised that Mr X remains in an immigration detention facility because, due to his criminal history, he has been assessed as posing a risk to the community and s 501E prevents him from lodging valid bridging visa applications.

The International Health and Medical Services report stated that Mr X received treatment for complex physical and mental health concerns.

Ombudsman Recommendation

The Ombudsman notes that Mr X has been held in immigration detention for a cumulative period of more than three years and at the time of the Department’s recent report, Mr X was awaiting the outcome of judicial review.

The Ombudsman is concerned that Mr X is likely to remain in immigration detention for a prolonged period while his immigration matters remain ongoing. This poses a significant risk to his health and welfare.

The Ombudsman recommends that the Department:

1. Assess Mr X’s case against the s 197AB guidelines for consideration of a community placement.

2. Commission a contemporary independent assessment of Mr X’s risk to the community to inform the assessment of his case against the s 197AB guidelines.

ASSESSMENT BY THE COMMONWEALTH OMBUDSMAN TO THE ACTING MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS Under s 486O of the Migration Act 1958

Name Mr X

Ombudsman ID 1003017-O1

This is the second s 486O assessment for Mr X who has remained in immigration detention for a cumulative period of more than three years.

Ombudsman assessment

Since the Ombudsman’s previous assessment, the Minister declined to grant Mr X a bridging visa under s 195A of the Migration Act 1958 in March 2019.

The Department of Home Affairs’ (the Department) report of 5 June 2019 stated that in March 2019 the authorities of Country A advised it was unable to issue a travel document for Mr X because he did not provide sufficient evidence to confirm his identity and citizenship. Later that month, the authorities of Country A issued a letter advising they were unable to locate any records for Mr X.

The Department’s report of 5 December 2019 advised that while the authorities of Country A are unable to confirm Mr X’s identity, his removal remains protracted. The report also advised that the Department continues to work with the authorities of Country A and Mr X to confirm his identity to secure travel documents.

In September 2019 Mr X’s case was found to meet the guidelines for referral to the Minister under s 195A. The Department’s report advised that his case will be included in a group submission of detainees from Country A awaiting travel documents which was being prepared for the Minister’s consideration to grant bridging visas.

Ombudsman Recommendation

The Ombudsman notes that Mr X has been held in immigration detention for a cumulative period of more than three years and has been on a removal pathway since March 2017.

The Ombudsman also notes that in September 2019 Mr X was found to meet the guidelines for referral to the Minister under s 195A. At the time of the Department’s report, a submission was being prepared to refer his case to the Minister for consideration of a bridging visa.

The Ombudsman is concerned that Mr X 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.

The Ombudsman recommends that the Department:

1. Expedites its preparation of the group submission under s 195A and refer it to the Minister.

ASSESSMENT BY THE COMMONWEALTH OMBUDSMAN TO THE ACTING MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS Under s 486O of the Migration Act 1958

Name Mr X

Ombudsman ID 1003024-O1

This is the second s 486O assessment for Mr X who remained in immigration detention for a cumulative period of more than two and a half years. In December 2019 Mr X was granted a Safe Haven Enterprise visa and released from detention.

Ombudsman assessment

Mr X was detained under the Migration Act 1958 in July 2013 after arriving in Australia by sea.

Mr X was granted a bridging visa in February 2015 and released from detention. In December 2016 his visa was cancelled under s 116 following criminal charges. He was re-detained in July 2018 on his release from a correctional facility.

In June 2017 Mr X lodged an application for a Safe Haven Enterprise visa (SHEV). In May 2019 he was issued with a Notice of Intention to Consider Refusal of his SHEV application under s 501 and invited to provide further information.

At the time of the Department of Home Affairs’ report of 20 June 2019, Mr X’s case was being considered for refusal under s 501.

In December 2019 Mr X was granted a Safe Haven Enterprise visa and released from detention.

ASSESSMENT BY THE COMMONWEALTH OMBUDSMAN TO THE ACTING MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS Under s 486O of the Migration Act 1958

Name Mr X

Ombudsman ID 1003025-O1

This is the second s 486O assessment for Mr X who has remained in immigration detention for more than three years.

Ombudsman assessment

Mr X was detained under the Migration Act 1958 in December 2016 after he arrived by sea as a crew member and was refused immigration clearance.

The Department of Home Affairs’ (the Department) report of 16 December 2019 advised that Mr X is serving a sentence of 13 years and 10 months imprisonment. His earliest release date is in December 2025.

The Department’s report advised that Mr X continues to be detained under s 189 and therefore his days in criminal custody are counted for the purposes of reporting under s 486N.

The Department’s case management services for Mr X ceased following his placement in a correctional facility. His health and welfare needs are provided by Corrections State A.

The Ombudsman notes that Mr X continues to be detained for immigration purposes while serving a custodial sentence in a correctional facility.

ASSESSMENT BY THE COMMONWEALTH OMBUDSMAN TO THE ACTING MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS Under s 486O of the Migration Act 1958

Name Mr X

Ombudsman ID 1003124-O

This is the first s 486O assessment for Mr X who has remained in immigration detention for a cumulative period of more than two and a half years.

Ombudsman assessment

Mr X was detained under the Migration Act 1958 in September 2013 after arriving in Australia by sea.

Mr X was transferred to a Regional Processing Country (RPC) in July 2014 and returned to Australia for medical treatment in April 2018.

The Department of Home Affairs’ (the Department) report of 18 June 2019 advised that as Mr X arrived after 19 July 2013 he remains liable for transfer back to an RPC on completion of his treatment.

The Department’s report advised that Mr X was found not to be a refugee by the Government of an RPC. Mr X sought merits review of the decision which was dismissed in October 2017.

The Department’s report also advised that in July 2018 the Minister intervened under s 197AB to allow Mr X to reside in a community placement.

The Department’s report further advised that, in light of the vulnerabilities associated with his medical conditions, Mr X will not be considered for a Final Departure bridging visa under s 195A.

The International Health and Medical Services report advised that Mr X received treatment for physical and mental health concerns.

The Ombudsman notes that Mr X has been temporarily transferred to Australia for medical treatment from an RPC and, under current legal and policy settings, is subject to return to an RPC when he completes his treatment.

Mr X currently resides in the community under a residence determination, which provides him with health and welfare support. Notwithstanding his placement in the community, the Ombudsman is concerned about the risk Mr X’s long term and potentially indefinite detention and the uncertain nature of his immigration pathway poses to his health and welfare.