Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Migration Act 1958—Section 486O—Assessment of detention arrangements—Personal identifier 1000777-O, 1002691-O4, 1002736-O2, 1002891-O2, 1002902-O2, 1003071-O1, 1003075-O1, 1003237-O, 1003238-O, 1003539-O—Government response to Ombudsman's reports


Download PDF Download PDF

RESPONSE TO OMBUDSMAN’S ASSESSMENT NO. 55 / 2020 MADE UNDER SECTION 486O OF THE MIGRATION ACT 1958

STATEMENT TO PARLIAMENT - No. 55 / 2020

General Comments

I refer to the Commonwealth Ombudsman’s assessment tabled in Parliament today. This assessment refers to 12 people who have been in immigration detention for two or more years. This assessment contains recommendations relating to 5 cases.

Response to the Commonwealth Ombudsman’s assessments

1. Tabling statement for case: 1002691-O4.

The Department is assessing this individual against the Minister’s section 195A guidelines for consideration of a bridging visa. This assessment will be finalised as soon as possible.

2. Tabling statement for case: 1002736-02.

The Department invited the person in this case to comment on a range of information to be considered in the assessment of their risk to the Australian community under section 36(1C) of the Act.

The person has now responded, after being granted an extension. The Department is prioritising the assessment and, subject to its recommendations, will expedite this person’s protection visa application.

The Department will assess this person against the Minister’s section 197AB guidelines for consideration of a community placement under a Residence Determination (RD).

As part of the guidelines assessment and submission process, the Department considers Special Needs Health Assessments (SNHA) in all cases. A SNHA outlines any health conditions that cannot be properly cared for in a detainee’s current placement and any specific supports, including specialist follow up, a detainee would require if they were placed in the community.

3. Tabling statement for case: 1002891-O2.

The Department is assessing this individual against the Minister’s section 195A guidelines.

4. Tabling statement for case: 1003237-O.

The Department is assessing this person against the Minister’s section 195A and 197AB guidelines.

5. Tabling statement for case: 1003539-O.

The Department is assessing this person against the Minister’s section 197AB guidelines.

6. Tabling statement for cases: 1000777-O, 1002902-O2, 1003071-O1, 1003075-O1, 1003238-O.

I note that the Ombudsman has 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

4 / 12 / 2020