REPORT BY THE COMMONWEALTH AND
IMMIGRATION OMBUDSMAN FOR TABLING IN PARLIAMENT
Under s 486O of the Migration Act 1958
This is the first s 486O report on Mr X and his family who have remained in immigration detention for more than 24 months (two years).
Name Mr X (and family)
Citizenship Country A Year of birth 1960 Family details
Family members Ms Y (wife) Mr Z (nephew)
Citizenship Country A Country A
Year of birth 1964 1997
Family members Miss Q (granddaughter) Master R (grandson)
Citizenship Country A Country A
Year of birth 2005 2008
Ombudsman ID 1002997 Date of DIBP’s report 22 July 2015
Total days in detention 733 (at date of DIBP’s report) Detention history
19 July 2013 Detained under s 189(3) of the Migration Act 1958 after arriving in Australia aboard Suspected Illegal Entry Vessel (SIEV) 796 Rehobeth.
The Department of Immigration and Border Protection (DIBP) advised that Mr X and his family are currently residing in community detention.
Visa applications/case progression
DIBP advised that Mr X and his family are part of a cohort who have not had their protection claims assessed as they arrived in Australia after 13 August 2012 and the Minister has not lifted the bar under s 46A(2).
2 Health and welfare
Mr X
July 2013 International Health and Medical Services (IHMS) advised that during his induction health assessment Mr X was diagnosed with a past hepatitis B infection. He was identified as immune and no treatment was required.
IHMS further advised that Mr X was identified as having been exposed to a sexually transmitted disease and was prescribed with medication.
30 July 2013 Disclosed a history of torture and trauma but declined specialist counselling.
IHMS advised that while in restricted detention Mr X received ongoing support from the mental health team (MHT) to manage symptoms of depression and develop coping strategies.
3 November 2013 Mr X presented with ongoing chest pain and disclosed that he had previously undergone chest surgery in his home country following an injury. IHMS advised that he was provided with pain relief medication and underwent testing.
IHMS further advised that he was awaiting a cardiac stress test prior to his transfer into community detention and it was unable to confirm whether he attended this appointment. No further
concerns in relation to this condition have been raised.
23 February 2014 A DIBP Incident Report recorded that Mr X allegedly made gestures suggesting that he would self-harm. No further information was provided.
13 March 2014 A DIBP Incident Report recorded that Mr X allegedly
self-harmed by hitting his head against a wall after a medical appointment was delayed.
25 July 2014 Diagnosed with post-traumatic stress disorder and was referred for specialist torture and trauma counselling.
IHMS advised that following his transfer into community
detention, no further mental health concerns have been raised.
10 September 2014 IHMS advised that Mr X was diagnosed with diabetes and prescribed with medication. He was referred to a diabetic educator but was unable to attend following his transfer into community detention.
IHMS advised that a second referral was made on
8 January 2015, however it could not confirm whether Mr X attended this appointment. His condition continues to be monitored by his general practitioner (GP).
During the same consultation, it was noted that his liver function tests had returned abnormal results.
17 September 2014 An ultrasound was conducted and he was diagnosed with fatty liver disease. His condition continues to be monitored by his GP.
3 Ms Y
6 August 2013 Diagnosed with a sexually transmitted disease following routine pathology testing. She was prescribed with an antibiotic treatment which was completed on 19 November 2013.
14 February 2014 A DIBP Incident Report recorded that Ms Y allegedly threatened self-harm.
13 April 2014 IHMS advised that Ms Y experienced situational stress related to family issues. While in restricted detention she received ongoing psychological support from the MHT.
IHMS advised that following her transfer into community
detention, no further mental health concerns have been raised.
June 2014 Diagnosed with type 2 diabetes. She was prescribed with medication and provided with lifestyle education. IHMS advised that her condition is monitored by her GP.
25 July 2014 An ultrasound was conducted following ongoing abdominal pain.
She was diagnosed with fibroids and provided with education. No further concerns have been raised in relation to this condition.
Mr Z
27 December 2013 Attended an appointment with a psychologist and disclosed a history of self-harm and anger management issues. IHMS advised that he was provided with strategies to relieve his stress and improvements were noted.
21 March 2014 A psychologist noted that Mr Z was experiencing situational stress. IHMS advised that he continued to receive support from the MHT in restricted detention and in August 2014
improvements were noted.
Miss Q
IHMS advised that Miss Q has not required treatment for any major physical or mental health issues.
Master R
17 October 2014 Master R was admitted to a hospital emergency department after fracturing his wrist. He underwent a surgical procedure and a cast was applied. IHMS advised that he attended general follow-up consultations and x-rays to monitor the healing process.
Detention incidents
28 October 2013 A DIBP Incident Report recorded that Mr Z was allegedly assaulted by another detainee. No further information was provided.
9 February 2014 A DIBP Incident Report recorded that Master R was involved in a physical altercation with Mr X. No further information was
provided.
4
23 February 2014 A DIBP Incident Report recorded that Miss Q alleged that Ms Y had assaulted her. No further information was provided.
24 February 2014 A DIBP Incident Report recorded that Miss Q alleged that she was assaulted by her guardians. No further information was provided.
1 March 2014 A DIBP Incident Report recorded that Mr X was allegedly abusive and aggressive towards his niece after they were reunited. No further information was provided.
Ombudsman assessment/recommendation
The Ombudsman notes that Mr X and his family were detained on 19 July 2013 after arriving in Australia aboard SIEV Rehobeth and have been held in detention for over two years with no processing of their protection claims.
The Ombudsman notes with concern that without an assessment of the family’s claims to determine if they are found to engage Australia’s protection obligations, it appears likely that they will remain in detention for an indefinite period.
The Ombudsman notes the Minister’s recent Statements to Parliament, in which he advises that DIBP is progressing the substantial caseload of maritime arrivals, and will provide him with advice to assist his consideration of whether to lift the bar to allow these people to lodge a Temporary Protection visa application.
The Ombudsman recommends that the Minister lift the bar under s 46A and processing the family’s protection claims commence as soon as possible.
