Immigration reports tabled in Parliament 5 December 2006

The summaries below are to assist site users only. For a complete record of the reports and recommendations please refer to each report. Please note that all abbreviations used in the summaries are spelt out in full within the reports.

• Immigration report 082/06 (379.16KB)

  40 year old Turkish man, detained for 2 years (in Australia for 34 years); family Australian citizens. Criminal history and s 501 visa cancellation. Mild Intellectual Disability, Major Depression, congenital health condition. Review / courts: FC/FFC/HC. Released on a RPBV.
  Ombudsman’s recommendation: That any removal efforts be forestalled until the DIMA s 501 review is completed.

• Immigration report 083/06 (283.67KB)

  57 year old man, possibly North Korean, in detention for 2 years; identity and nationality issues, NIVA. Review / courts: RRT/FC/FFC. Possible 3rd country removal.
  Ombudsman’s recommendation: That the decision on the s 48B and one other submission be expedited; that, pending resolution of his immigration status, a RPBV or similar visa be considered. If matters concerning his identity and nationality remain unresolved, that the grant of a PV be considered.

• Immigration report 084/06 (269.4KB)

  36 year old Iranian man, detained for 4 years. Bipolar Disorder, Major Depression, PTSD, self-harm, involuntary psychiatric hospitalisation. Christian convert; his details were published on the Internet. Granted a TPV. Review / courts: RRT/FMC/FFC/UNHCR.
  Ombudsman’s recommendation: That consideration be given to waiving the waiting period for application for a PV; DIMA to consider providing ongoing financial and casework support.

• Immigration report 085/06 (379.9KB)

  24 year old PRC woman, in detention for 2 years; identification problems. Major Depression, Panic Disorder, self-harm risk and dental health problems. Christian convert; married an Australian permanent resident. Review / courts: RRT/FMC/FFC.
  Ombudsman’s recommendation: That an alternative residential arrangement be made – via a Residence Determination or suitable visa; that a s 417 request, and other submissions before the Minister, be expedited.

• Immigration report 086/06 (203.47KB)

  33 year old Indian man, in detention for 2 years; false identity, NIVA. Major Depression with hallucinations, Generalised Anxiety Disorder. Review / courts: RRT/FMC/FFC. Removal imminent.
  No recommendation by Ombudsman, but the Ombudsman suggests that if a travel document is not issued soon, the grant of a RPBV be considered and that his mental state should continue to be closely monitored.

• Immigration report 087/06 (260.22KB)

  29 year old Iranian man, detained for 3 years; escaped detention and recaptured. Major Depression, PTSD, self-harm attempts, involuntary psychiatric hospitalisation. Management Unit, Red One. Review / courts: RRT/FMC/FC. Released on a TPV.
  Ombudsman’s recommendation: That consideration be given to whether a PV is more appropriate in the circumstances; that consideration be given to waiving the waiting period for application for a PV.

• Immigration report 088/06 (241.34KB)

  23 year old Afghani man, detained for 4 years; difficulty in confirming nationality. Arrived as an unaccompanied minor, depression. Review / courts: RRT/FC.
  Ombudsman’s recommendation: That consideration be given to granting a PV; that consideration be given to waiving the waiting period for the application for a PV.

• Immigration report 089/06 (274.22KB)

  25 year old Afghani (Hazara) man, detained for 4 years; difficulty in confirming nationality. PTSD with secondary depression. Released on a humanitarian visa after his Afghan nationality was established. Review / courts: RRT/FC.
  No recommendation by Ombudsman.

• Immigration report 090/06 (128.49KB)

  38 year old PRC man in detention for 3 years; identity unconfirmed. Falun Gong, PRC Consular visit. Review / courts: RRT/FMC.
  Ombudsman’s recommendation: That DIMA submissions re PRC Consular visit and s 48B be expedited. Suggested; if it is likely that he be detained for a further substantial period that a BV be considered.

• Immigration report 091/06 (260.4KB)

  36 year old Indian man, in detention for 2 years; with symptoms of depression and anxiety, borderline diabetes. Review / courts: MRT/RRT/FMC/FFC.
  Ombudsman’s recommendation: That DIMA examine options for alternative accommodation or detention and report on its consideration in next report to Ombudsman; that a decision on s 417 and s 48B requests be expedited.

• Immigration report 092/06 (257.91KB)

  53 year old PRC man of Korean ethnicity, in detention for 3 years. Hypertension and anxiety. PRC Consular visit and removal delays. Review / courts: RRT/FMC/FFC/ remittal to FMC, outstanding.
  Ombudsman’s recommendation: Reconsider exercising intervention powers to release him from detention while his immigration matters are resolved.

• Immigration report 093/06 (363.48KB)

  25 year old man Albanian man in detention for 2 years; identification issues. Depression and PTSD, married to an Australian citizen. Review / courts: RRT/FMC/FFC.
  Ombudsman’s recommendation: That a decision on the s 417 / s 195A request be expedited.

• Immigration report 094/06 (336.22KB)

  47 year old man, possibly from Nth Korea, in detention for 2 years; identity issues, NIVA. Anxiety and claimed head injury. Review / courts: RRT.
  Ombudsman’s recommendation: That a RPBV be considered while identity issues and his immigration status are resolved.

• Immigration report 095/06 (266.85KB)

  29 year old Afghani (Hazara) man, detained for 4 years; difficulty in confirming nationality, granted a TPV. Severe Major Depressive Disorder with melancholic and psychotic features, involuntary psychiatric hospitalisation. Review / courts: RRT/FC.
  Ombudsman’s recommendation: The grant of a PV or other permanent visa; consider waiving the 30-month waiting period to apply for a PV; DIMA to consider ongoing role in supporting his medical needs.

• Immigration report 096/06 (279.27KB)

  37 year old PRC man in detention for 2 years. Identification problems, NIVA. Review / courts: RRT/MRT/FMC/FFC.
  Ombudsman’s recommendation: That a decision on a submission for the possible use of the Minister’s detention intervention powers be expedited; that the process of establishing identity and obtaining travel documents be expedited.

• Immigration report 097/06 (163.03KB)

  58 year old PRC man in detention for 4 years, previous Report # 53/06. Review / courts: FFC/RRT.
  Ombudsman’s recommendation: That a decision on a submission for the possible use of the Minister’s detention intervention powers be expedited; that a RPBV be granted.

• Immigration report 098/06 (269.11KB)

  45 year old Sri Lankan man, in detention 3 years, previous Report # 27/06. Depression, personality disorder, court ‘tutor’. Sexual offence and s 501 visa cancellation, DIMA s 501 review. Review / courts: FC, matter afoot.
  Ombudsman’s recommendation: If his court matter is unsuccessful, and if removal delays are likely, then a Residence Determination or temporary visa is recommended, pending his removal.

• Immigration report 099/06 (192.07KB)

  Homeless man of unknown age and nationality, detained for 3 years. Previous Report # 14/05. Possible mental health condition, ‘reasonable suspicion test’. Released on a RPBV.
  Ombudsman’s recommendation: That DIMA continues to monitor whether it maintains a reasonable suspicion that he is an unlawful non-citizen, if no longer a reasonable suspicion then consider options; Ombudsman’s view is that DIMA should continue to intensively case-manage.

• Immigration report 100/06 (438.62KB)

  29 year old Indian man, in detention for 2 years; his wife and child are Australian citizens. Multiple sclerosis, Major Depression and psychosis. Criminal convictions and drug use. Review / courts: RRT/MRT/FMC/FFC.
  Ombudsman’s recommendation: That a s 417 request be expedited; consider compelling humanitarian factors; if Minister is inclined to grant a spouse visa, then consider waiving health and character requirements and recommending a waiver of detention debt. If he is not granted a permanent visa, or if a grant is delayed, that he be released on a BV with work rights.

• Immigration report 101/06 (299.67KB)

  31 year old Afghani (Hazara) man detained for 4 years; difficulty in confirming nationality. Persistent severe Major Depressive Disorder with anxiety. Psychiatric hospitalisation, he remained a voluntary inpatient post grant of a TPV. Review / courts: RRT/FC/FFC.
  Ombudsman’s recommendation: That a PV, or waiver of the 30-month waiting period for permanent PV application, be considered. This report highlights the negative impact of a long period of detention upon an individual’s physical and mental health.

• Immigration report 102/06 (209.26KB)

  47 year old Turkish man, has lost his Turkish citizenship, in detention 3 years. Previous Report # 64/06. Delusional Disorder and lack of decision-making capacity.
  Ombudsman’s recommendation: That DIMA urgently pursues guardianship to effect treatment trial; that a Residence Determination, to enable release, is considered; that a subsequent review considers a visa grant.

• Immigration report 103/06 (549.51KB)

  36 year old Nicaraguan man detained for two years. Criminal history and s 501 visa cancellation, Australian children in the community. Review/Courts: AAT, FMC, FC.
  Ombudsman’s Recommendation: That any removal efforts be forestalled until the DIMA s 501 review is completed; and that DIMA prepare a submission that analyses the impact of removal on his children.

• Immigration report 104/06 (795.64KB)

  51 year old PRC woman in detention for over 5 years with severe major depression and self-harm risk. Previous report # 41. Wanted by PRC for financial crimes. A s 417 request was sent to the Minister in April 2006. An interim measures request not to remove was received by DIMA from UNHRC. Review/courts: RRT/FC/FFC/HC/UNHRC.
  Ombudsman’s recommendation: Consideration be given to alternative detention arrangements. Also recommended the Minister make a decision in relation to current submissions as soon as possible.