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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—Commonwealth and Immigration Ombudsman’s reports—Report No. 14 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. 14 / 2020

Personal identifier: 1000373-O4, 1001519-O5, 1002814-O2, 1002815-O3, 1002916-O2, 1002929-O1, 1002933-O2, 1002940-O1, 1003142-O, 2000007-O2. .

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.

Official Use Only Sensitive: Personal

COMMONWEALTH

OMBUDSMAN 0

Our ref: 486N-1000373-04

I9 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 10 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 13 recommendations in relation to six cases.

The Act also requires that I prepare a de-identified copy for tabling in the Parliament, which is enclosed.

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.

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

Official Use Only Sensitive: Personal

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 1000373-O4 5 Mr X 1 1984 2,555 IDF 12 June 2019 and 9 December 2019 9 September 2019

2 1001519-O5 1 Mr X 1 2002 2,374 CD 11 June 2019 and 9 December 2019 12 September 2019

3 1002814-O2 2 Mr X 1 1964 1,460 IDF 19 June 2019 and 19 December 2019 31 July 2019

4 1002815-O3 2 Mr X 1 1983 1,460 IDF 24 June 2019 and 20 December 2019 12 September 2019

5 1002916-O2 N Ms X 1 1971 1,277 CF 12 June 2019 and 29 November 2019 12 September 2019

6 1002929-O1 N Mr X 1 1992 1,261 IDF 26 June 2019 and 29 November 2019 12 September 2019

7 1002933-O2 N Mr X 1 1965 1,263 CF 24 May 2019 and 8 November 2019 12 September 2019

8 1002940-O1 1 Mr X 1 1990 1,095 IDF 8 July 2019 and 6 January 2020 17 September 2019

9 1003142-O N Mr X 1 1991 912 IDF 5 July 2019 and 3 January 2020 First Assessment

10 2000007-O2 2 Mr X 1 1964 1,643 IDF 18 June 2019 and 16 December 2019 31 July 2019

1 At date of the Department’s latest report. 2 Immigration Detention Facility (IDF), Community Placement (CD), 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 1000373-O4

This is the sixth s 486O assessment for Mr X who has been 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 not be referred for consideration under ministerial intervention powers.

The Department of Home Affairs’ (the Department) report of 12 June 2019 advised that Mr X has no outstanding matters before the Department, tribunals or the courts and has been on an involuntary removal pathway since June 2017.

The Department’s report also advised that Mr X does not have a valid travel document and is unwilling to return to Country A voluntarily. The authorities of Country A are currently not cooperating with the involuntary return of its citizens and, as a result, Mr X’s removal is likely to be protracted.

The Ombudsman’s previous assessment recommended that the Department liaise with the external agency to expedite the investigation and resolution of Mr X’s security concerns.

On 9 September 2019 the Minister advised in a tabling statement that it was government policy that individuals subject to unresolved national security concerns should be held in immigration detention. The Minister advised that the Department was exploring options with the external agency to expedite the consideration of Mr X’s security concerns and, once these matters are resolved, the Department would prepare a ministerial submission for Mr X’s case if appropriate.

The Department’s report of 9 December 2019 advised that Mr X’s case was referred in September 2019 for an assessment against the guidelines under s 195A of the Migration Act 1958 for consideration of a bridging visa.

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

A counsellor recommended that, taking into consideration his mental health and the right to family life, Mr X be transferred to City A to allow him to be near his family. IHMS advised that an IHMS Area Medical Director supported the counsellor’s transfer recommendation in October 2019.

The Department’s report advised that in February and August 2019 Mr X’s requests for transfer from his current placement at Facility Y to Facility Z were declined. The report advised that his most recent request was declined because he was not able to provide written confirmation that his family would visit him at Facility Z if he was transferred there.

Ombudsman Recommendation

The Ombudsman notes that Mr X has been held in immigration detention for a cumulative period of more than seven years and has been separated from his family since November 2016.

The Ombudsman also notes that Mr X’s case does not engage Australia’s protection obligations and he has been on an involuntary removal pathway since 2017. However, the authorities of Country A are currently not cooperating with citizens unwilling to return voluntarily.

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.

Noting the investigation and resolution of Mr X’s security concerns has been ongoing since 2015, the Ombudsman recommends that:

1. The Department liaise with the external agency as a priority to resolve any outstanding security concerns about Mr X.

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

2. The Department expedites its assessment of Mr X’s case against the s 195A guidelines.

3. If Mr X’s case is found not to meet the s 195A guidelines, his case be considered under s 197AB for a community placement.

Noting the support of an IHMS Area Medical Director in October 2019, the Ombudsman also recommends that:

4. The Department transfer Mr X to Facility Z so he can reside closer to his family.

5. If a transfer is not possible at this time because of capacity issues, the Department monitor the situation and transfer Mr X to Facility Z as soon as a place becomes available.

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 1001519-O5

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

Ombudsman assessment

Since the Ombudsman’s previous assessment, the Immigration Assessment Authority (IAA) reconsidered Mr X and his brother, Mr Y’s1, Safe Haven Enterprise visa (SHEV) application. The IAA affirmed the refusal decision in February 2018.

In March 2018 Mr X and his brother lodged an application for judicial review in the Federal Circuit Court (FCC). As at 9 December 2019, a hearing had not been scheduled.

In June 2019 Mr X and his brother’s migration agent lodged a request for intervention under s 195A of the Migration Act 1958 for the grant of a visa that would allow the brothers to reside in Australia permanently. The Department of Home Affairs’ (the Department) report advised that the request was made because of Mr X’s brother’s complex medical needs.

The Department’s report further advised that the Department requested information about Mr X’s brother’s medical needs to support the request for intervention in June 2019 and a response was provided in August 2019. As at 9 December 2019, a submission was being prepared for the Minister’s consideration under s 195A.

Ombudsman recommendation

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

The Ombudsman notes that in June 2019 Mr X and his brother’s migration agent lodged a request for intervention on behalf of the brothers to allow them to remain in Australia permanently because of Mr X’s brother’s complex medical needs. The Ombudsman also notes that the Department has been preparing a submission for the Minister’s consideration since August 2019.

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. Expedites its preparation of the submission for Mr X’s case and refers it to the Minister for his consideration under s 195A.

1 Mr Y resides in the community on a bridging visa in supported accommodation because of his complex medical needs. He included Mr X as a dependent on his SHEV application.

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 1002814-O2

This is the third s 486O assessment for Mr X who has been in immigration detention for more than four years.

Ombudsman assessment

In August 2018 the Federal Court set aside the decision not to revoke the cancellation of Mr X’s visa under s 501 of the Migration Act 1958. His case was remitted to the Department of Home Affairs (the Department) for reconsideration according to law.

The Department’s report of 19 June 2019 advised that Mr X was convicted of multiple offences in May 2011. He was sentenced to imprisonment, which was suspended on entering into a good behaviour bond. In June 2015 he was convicted of another offence and sentenced to imprisonment.

The Department’s report of 19 December 2019 advised that Mr X was issued a natural justice letter in September 2019. He was granted an extension until November 2019 to provide a response. At the time of the report, the Department continued to reconsider the revocation decision.

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

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 more than four years and, at 19 December 2019, was awaiting the outcome of his request to revoke the cancellation of his 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.

The Ombudsman recommends that the Department:

1. Expedites its reconsideration of the revocation of Mr X’s visa cancellation.

If his visa is not reinstated, the Ombudsman recommends that the Department:

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

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 1002815-O3

This is the fourth s 486O assessment for Mr X who has been in immigration detention for a cumulative period of more than four years.

Ombudsman assessment

Since the Ombudsman’s previous report, the Administrative Appeals Tribunal (AAT) commenced its reconsideration of the refusal of Mr X’s Safe Haven Enterprise visa (SHEV) application in March 2018.

In August 2018 Mr X’s case met the guidelines under s 195A of the Migration Act 1958 for referral to the Minister for consideration of a bridging visa. The Department of Home Affairs’ (the Department) report of 24 June 2019 advised that a submission was being prepared.

In April 2019 the AAT remitted Mr X’s SHEV application to the Department for reconsideration.

In August 2019 Mr X lodged a bridging visa application, which was refused under s 501(1) in October 2019.

The Department’s report of 20 December 2019 advised that Mr X’s SHEV application was referred for assessment for possible refusal on character grounds under s 501 in October 2019. At the time of the report, the Department was still considering the matter.

The Department’s report also advised it was preparing a submission for Mr X’s case under s 195A for the Minister’s consideration.

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

Ombudsman Recommendation

The Ombudsman notes that Mr X has been held in immigration detention for a cumulative period of more than four years and, at the time of the Department’s recent report, was awaiting the outcome of his Safe Haven Enterprise visa application lodged in May 2016.

The Ombudsman also notes that Mr X’s case met the guidelines under s 195A in August 2018 and, as at 20 December 2019, a ministerial submission was still being prepared.

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

1. Expedites its consideration of Mr X’s Safe Haven Enterprise visa application under s 501.

2. Expedites its preparation of the submission under s 195A and refers 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 Ms X

Ombudsman ID 1002916-O2

This is the third s 486O assessment for Ms X who has been in immigration detention for more than three and a half years and is currently serving a custodial sentence in a correctional facility.

Ombudsman assessment

Ms X was detained under the Migration Act 1958 in May 2016 after her visa was cancelled under s 116 for providing false information on her incoming passenger card.

The Department of Home Affairs’ (the Department) report of 29 November 2019 advised that Ms X is serving a sentence of imprisonment. Her earliest release date is in January 2021.

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

The Department’s case management services for Ms X ceased following her placement in a correctional facility. Her health and welfare is managed by Corrective Services State A.

The Ombudsman notes that Ms 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 1002929-O1

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

Ombudsman assessment

Mr X was detained under the Migration Act 1958 in August 2011 after arriving in Australia by sea. He was granted a bridging visa in March 2012 and released from detention. He was then granted a Protection visa in May 2012.

The Department of Home Affairs’ (the Department) report of 26 June 2019 advised that Mr X was convicted of multiple offences in January 2015 and sentenced to imprisonment. In September 2016 his visa was mandatorily cancelled under s 501. The same day Mr X lodged a request for revocation of the cancellation of his visa. In January 2017 he was re-detained on his release from a correctional facility.

In August 2017, as part of the revocation process, an International Treaties Obligations Assessment identified that Mr X’s case engages Australia’s non-refoulement obligations.

In December 2018 a delegate decided not to revoke the mandatory cancellation of Mr X’s visa. In February 2019 the Administrative Appeals Tribunal affirmed the decision. In September 2019 Mr X’s application for judicial review in the Federal Court was dismissed.

The Department’s report of 29 November 2019 advised that Mr X remains in an immigration detention facility because s 501E prevents him from lodging valid bridging visa applications.

The Department’s report advised that Mr X’s case was referred for involuntary removal action in November 2019. However, Mr X’s involuntary removal is on hold because of security instability in Country A. The Department was awaiting further advice from the Department of Foreign Affairs and Trade.

The Ombudsman notes the government’s duty of care to detainees and is concerned about the serious risk prolonged immigration detention may pose to their physical and mental health.

The Ombudsman also notes that Mr X’s case engages Australia’s non-refoulement obligations and that his involuntary removal is on hold because of instability in Country A.

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 1002933-O2

This is the third s 486O assessment for Mr X who was in immigration detention for a cumulative period of more than three and a half years. Mr X’s detention ceased in December 2019 when he was transferred to a correctional facility.

Ombudsman assessment

Mr X was detained under the Migration Act 1958 in July 2011 after arriving in Australia by sea. In June 2012 he was granted a bridging visa and released from detention. He was then granted a Protection visa in September 2012.

The Department of Home Affairs’ (the Department) report of 24 May 2019 advised that Mr X’s Protection visa was cancelled under s 109 in February 2017 after it was identified he had provided false information to support his visa application. In July 2017 the Administrative Appeals Tribunal affirmed the decision.

Mr X was re-detained in April 2017 on his release from criminal custody. He was issued with a Criminal Justice Stay Certificate to prevent his removal from Australia in May 2017. The Department’s report of 8 November 2019 advised that Mr X’s case did not meet the criteria to be granted a Criminal Justice Stay visa.

The report also advised that Mr X was convicted of a criminal offence in June 2019. Mr X was transferred into criminal custody in December 2019.

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 1002940-O1

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

Ombudsman assessment

Since the Ombudsman’s previous assessment, Mr 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 in February 2019.

The Department of Home Affairs’ (the Department) report of 8 July 2019 advised that Mr X lodged a bridging visa application in June 2019, which was invalid because s 501E prevents him from lodging valid bridging visa applications.

The Department’s report advised that Mr X has no outstanding matters before the Department, tribunals or the courts and was on an involuntary removal pathway. The report also advised that Mr X does not have a valid travel document and is unwilling to return to Country A voluntarily. The authorities

of Country A are currently not cooperating the involuntary return of its citizens. As a result, Mr X’s removal is likely to be protracted.

The Ombudsman’s previous assessment raised concerns about Mr X’s separation from his family in City A, noting he is likely to remain in immigration detention for a prolonged period due to the protracted nature of his removal.

On 17 September 2019 the Minister advised in a tabling statement that Mr X was transferred to Facility Y to be closer to his family and support network.

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 reiterated support for Mr X’s transfer to Facility Z to be closer to his family.

The Department’s report advised that Facility Z is currently not suitable for Mr X because of the security and behavioural risks he poses.

Ombudsman Recommendation

The Ombudsman notes that Mr X has been held in immigration detention for a cumulative period of more than three and a half years and, at 20 January 2020, his case was still being assessed against the guidelines under s 195A.

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 assessment of Mr X’s 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 1003142-O

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

Ombudsman assessment

Mr X arrived in Australia in September 2010 as the holder of a short stay visa. In December 2011 he was granted a five year temporary visa.

The Department of Home Affairs’ (the Department) report of 5 July 2019 advised that, in March 2017, Mr X was charged with criminal offences. In July 2017 Mr X was detained under the Migration Act 1958 on release from criminal custody and after living unlawfully in the community.

In July 2017 and September 2018 Mr X lodged applications for bridging visas which were refused by a delegate of the Minister because they were not satisfied he would abide by the visa conditions.

In August 2017 Mr X was issued with a Criminal Justice Stay Certificate to prevent his removal from Australia. The Department’s report advised that Mr X’s case did not meet the criteria to be granted a Criminal Justice Stay visa.

The Department’s report of 3 January 2020 advised that Mr X was due to appear before a court in November 2019 for the charges laid against him in March 2017. The report advised the trial was vacated and a new date was scheduled for June 2020.

The Ombudsman notes the government’s duty of care to detainees and is concerned about the serious risk prolonged immigration detention poses to their physical and mental health.

The Ombudsman notes that Mr X is awaiting the outcome of criminal proceedings.

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 2000007-O2

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

Ombudsman assessment

Since the Ombudsman’s previous assessment, the then-Assistant Minister again decided not to revoke the mandatory cancellation of Mr X’s visa under s 501 of the Migration Act 1958 in February 2018.

The Department of Home Affairs’ (the Department) report of 18 June 2019 advised that between 2009 and 2014 Mr X was convicted of criminal offences and served sentences of imprisonment.

The Department’s report of 16 December 2019 advised that the authorities of Country A have not confirmed Mr X’s identity and the Department continued to work with the authorities of Country A and Mr X’s family to confirm his identity and obtain travel documents.

The Department’s report advised that Mr X had no outstanding matters before the Department, tribunals or the courts. Mr X was on an involuntary removal pathway but he was assessed as not fit to travel in September 2019 so his removal action was placed on hold.

The Department’s report advised that Mr X’s case was referred to the Minister for consideration of a bridging visa under s 195A in November 2019.

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 more than four and a half years and, at 16 December 2019, had no outstanding matters before the Department, courts or tribunals and was on an involuntary removal pathway.

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.

Noting the significant length of time Mr X has remained in detention, the Ombudsman recommends that:

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

If the Minister declines to intervene under s 195A, the Ombudsman recommends that:

2. The Department assess Mr X’s case under s 197AB for consideration of a community placement.