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Bulletin 6–14 December 2005–Progress on Immigration Matters

New legislation

On 30 November 2005, the Parliament passed new legislation to provide the Ombudsman with powers to establish an Immigration Ombudsman function within the office of the Commonwealth Ombudsman. In summary, the legislation:

  • amends the Migration Act 1958 to enable the Ombudsman to contact an immigration detainee where that person has not made a complaint to the Ombudsman
  • amends the Ombudsman Act 1976 to:
    • allow the Ombudsman to use the title ‘Immigration Ombudsman’ when performing functions in relation to immigration and detention
    • make it explicit that the Ombudsman can perform functions and exercise powers under other Commonwealth or ACT legislation
    • enable an agency or person to provide information to the Ombudsman notwithstanding any law that would otherwise prevent doing so, for example privacy legislation
    • clarify that the actions of contractors and subcontractors, in exercising powers or performing functions for on behalf of Australian Government agencies, will be taken to be the actions of the relevant agency.
The legislation will come into effect when it receives Royal Assent shortly.

Assessments of the circumstances of people who have remained in immigration detention for two years or more

Reports

The first of the Ombudsman’s reports were tabled in Parliament on 6 December 2005 by the Minister who also provided her response. The Ombudsman provided a detailed covering statement setting out how he has gone about discharging this new function, which was attached to Bulletin No. 5.

In respect of report number 001/05, the person who was the subject of our assessment had voluntarily left Australia prior to the completion of our report. In respect of report number 002/05, the Minister had granted a temporary protection visa before the Ombudsman completed his report. Arrangements have been put in place for the Ombudsman to be provided with a visa status update prior to the completion of future reports.

The Ombudsman has undertaken to send a copy of the original report to the person who is the subject of the report at the time of tabling or when the Minister makes a decision, whichever is earlier. Often the Ministerial decision may precede the tabling; the tabling sometimes occurs months after the Ombudsman's report is sent to the Minister because of Parliamentary sitting patterns. We are discussing with DIMIA ways to ensure that this office is advised when a ministerial decision has been made.

Report 001/05

Report 002/05

Ombudsman's covering statement

Minister's tabling statement

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Progress on assessments

To date:

  • the Ombudsman has provided 17 reports and statements for tabling in Parliament to the Minister for consideration
  • 93 current and former detainees have been interviewed by Ombudsman staff
  • 40 assessments on people who had been in detention for two years or more at 29 June 2005, and who remain in detention, are being prioritised for completion.

DIMIA – issuing of visas

The Ombudsman is pleased that many people who are subject to an assessment have been granted various visas before their assessments are completed and we would not wish to see this situation change.

However, this has had unanticipated implications for our workload. It often requires significant reworking of reports and recommendations to accommodate the changed circumstances. This will frequently have followed substantial work by Ombudsman staff in researching the detainee’s circumstances; seeking further information, explanations and sometimes the files from DIMIA; consulting with the detainee’s representatives; and discussing the issues and potential recommendations with the Ombudsman. Much of this work can be rendered nugatory if the detainee is released. A significant number of the draft assessments provided to the Ombudsman to date have required substantial re-working because of changes to the detainee’s circumstances. It also then changes the priority for completing assessments, as the Ombudsman focus is on those people who remain in detention.

We are continuing to discuss with DIMIA avenues for the Ombudsman to obtain regular updating on changes, or likely changes, to detainees’ circumstances.

Community consultations

We have continued to communicate and meet with advocacy groups and individuals during our trips throughout Australia. These relationships have provided us with assistance to interview numerous detainees who are now living in the community and allowed discussion on a variety of related issues.

In Melbourne on 16–18 November, Ombudsman staff met with representatives from the Asylum Seeker Resource Centre, Refugee and Immigration Legal Centre, Hotham Mission and a representative from the office of Mr Petro Georgiou MP.