Improving outcomes for people in long-term detention
Mr X has been held in immigration detention for more than a decade and is still awaiting the outcome of his Protection visa application, which was lodged in December 2008. Mr X is one of the longest-serving persons in immigration detention in Australia.
The Office has reported on him since 2009, making 20 recommendations to the Minister and Home Affairs.
Although Mr X has a criminal history, he has spent more time in immigration detention than he did in prison.
His immigration detention history has been affected by administrative deficiencies and protracted merits and judicial review processes, including a number of Federal Court judgments.
In our most recent assessment, we made explicit recommendations to Home Affairs aimed at improving Mr X’s health and wellbeing and progressing his case with priority.
We noted the significant length of time Mr X had already been held in immigration detention, the undue delay to decide his Protection visa application, the impact of long-term institutionalisation on his health and wellbeing and the significant risk that he will continue to be detained indefinitely.
As a result of our recommendations:
- Home Affairs’ contracted Health Service Provider released Mr X’s medical records to Home Affairs, allowing them to progress the re-assessment of Mr X’s Protection visa application under s 36(1C) of the Migration Act.
- Home Affairs subsequently completed the s 36(1C) assessment and commenced consideration of Mr X’s Protection visa application under s 501 of the Migration Act.
- Consideration of the Protection visa application was expedited.
- A psychological assessment was conducted to understand Mr X’s current mental health status.
- Mr X’s placement in a closed detention facility was re-assessed based on the current circumstances of his case, including his security profile, placement risk and health needs.
- Home Affairs will refer Mr X’s case for ministerial consideration.
2024