The department's response to the draft report revealed that our understanding of the relevant laws and regulations was incorrect. With reference to the relevant sections of the HMAS Childers logbook, the seven persons are, in all respects, non-offshore entry persons.
Key Issues
Instrument indicating your decision to intervene under section 195A of the Migration Act 1958 to grant visas to illegal sea arrivals. Appendix B Statement to Parliament indicating your decision under section 195A of the Migration Act 1958 to grant visas to illegal sea arrivals.
THE HON PETER DUTTON MP
195A of the Migration Act 1958 to grant a Subclass 449 Humanitarian Stay (Temporary) visa and Subclass 050 Bridging (General) (BVE) visa to the Illegal Maritime Arrivals included in this submission. Attachment A decision instrument indicating your decision to intervene under section 195A of the Migration Act 1958 to grant visas to illegal sea arrivals. That you indicate whether you are inclined to consider Ministerial Intervention under section 195A of the Migration Act 1958 in relation to the following Illegal Maritime Arrivals:.
That you indicate whether you are inclined to consider Ministerial Intervention under section 195A of the Migration Act 1958 in relation to the following Unlawful Shipping.
Contains deletions under FOI For Official Use Only
Summary of Nationalities
This submission is to enforce the management of illegal maritime arrivals (IMA) in legacy who arrived after 13 August 2012 and are currently barred from applying for protection visas other than s 47F and 47F listed in point a. or I.). This submission includes IMAs who have been identified for payment for the granting of temporary visas under section 195A of the Migration Act 1958 ("the Act"). The IMAs involved in this submission have been involved in incidents in immigration detention, have had identity concerns, or have been the subject of alleged or actual criminal charges.
IMAs included in this submission have engaged or will seek to engage in Australia's protection obligations and have not assessed their claims for refugee status. If you choose not to intervene with respect to the IMAs on this submission, they will remain in custody. Based on the information currently available, departmental systems do not indicate that any of the IMAs in this submission represent a direct or indirect risk to security.
The IMAs included in this submission have no known public health, identity or behavioral problems (other than those detailed above) at this time. The Department proposes that these IMAs be granted a humanitarian (temporary) resident visa subclass 449 (HSTV) and a BVE. This submission has not been cleared by the Departmental Secretary, Deputy Secretaries or Commissioner of the Australian Border Force.
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A R GPI
The documentation of the coordinates in the logbook from HMAS Childers is written in the form 'Degrees, Minutes and Seconds'. I had to convert this to 'Decimal Scale' in order to plot the location of the HMAS Children using some web software. Conversion of coordinate samples from 'degrees, minutes and seconds' coordinates to 'decimal degrees' was recorded regularly, including periods of small movement.
I identified a selection of coordinates that would demonstrate the proximity of HMAS Childers for a period before, during and after the interception of SIEV Lambeth. The abbreviated depiction of the location of HMAS Childers is shown on the map below. HMAS Childers was on the high seas and, according to the log book, visited no other places than Darwin during the period considered.
HMAS Childers did not travel to Ashmore Reef or any other 'excluded coastal location' between 17-18 April 2013. Important notice: The content of this e-mail is intended only for the individuals or entities to whom it is addressed. Any review, retransmission, distribution or other use of this information by persons or entities other than the intended recipients is prohibited.
BORDER FORCE
It is not uncommon for a short-haul asset of multiple SIEVs to be counted as 1 short-haul flight. This number includes all SIEVs where at least one person has traveled short distances and includes SIEVs where some people have gone to Christmas Island and some people have traveled short distances to the Australian mainland. Excludes MV OMS Endurance used to transfer people from SIEV 699 to Darwin under the direction of the Australian Maritime Safety Authority's Rescue Coordination Center (RCC Australia).
The individuals were transferred to Darwin after being transferred to DIBP on Thursday Island. Note: The increased speed of short voyages is associated with the increased arrival rate of SIEVs to Ashmore Islands and the Darwin approach corridor. Operational and safety reasons — Limited available surface response assets leading to people being potentially detained for a long period at sea.
In some cases, holding people would require the majority of BPC assets in the area to provide adequate care, safety and security and limit the capacity to respond to future maritime threats to the Ashmore Islands / interception location. Medical Reasons — People have problems that require treatment beyond our ability to provide while people are waiting for an appropriate means of transfer to Christmas Island.
Details
MIC,0 G -S
ARC-1; 6-5
COMMONWEALTH
OMBUDSMAN
Investigation into the processing of asylum seekers
Reports by the Ombudsman
Commonwealth Ombudsman—Department of Immigration and Border Protection: Inquiry into the treatment of asylum seekers who arrived at SIEV Lambeth in April 2013. Commonwealth Ombudsman—Department of Immigration and Border Protection: Inquiry into the treatment of asylum seekers who arrived at SIPV Lambeth April 2013.
CONTENTS
Executive summary
That the department review the information recorded for persons coming on board SIEV Lambeth and identify any deficiencies in the extent and manner of information recorded and ensure that all relevant information is available to all officers of the department who have a reasonable need to access them. . That the department takes into account all the learnings from this review and, where appropriate, applies them in its systems more broadly. The ministry drew attention to an obvious error in the draft report regarding the interpretation of sea and land arrivals.
Disclosed under FOI
INTRODUCTION
In some cases where boats were stranded at sea and deemed unseaworthy, passengers were transferred to Australian vessels and then taken to Christmas Island or in some cases to the Australian mainland, 1.10 On 20 May 2013, amendments to the Act excised the Australian continent. from the migration zone, meaning that anyone arriving on the Australian mainland by boat will be treated as an offshore entrant.
Disclosed under F01
OMBUDSMAN'S INVESTIGATION
They would therefore not be persons entering by sea under s 5(1) of the Act." This would mean that they were not subject to the bar of s 46A. We asked the Department to explain why these two persons were detained under s a different section of the Act than the rest of the passengers and were informed that they had in fact been detained under s 189(1) and that our office had previously been incorrectly informed of their detention under s 189(3) This was the apparent contradiction we identified as our office was of the understanding that s 46A did not apply to those detained ashore.
This response was the first time our office was made aware of what was really happening to the passengers on SIEV Lambeth. The department advised that a small number of passengers requiring medical treatment were brought directly to Darwin by a naval vessel, HMAS Childers. These individuals were not subject to the s 46A bar as they entered the migration zone in Darwin and were classified as 'direct entry arrivals'.
Moreover, their subsequent detention concerned the place where they were detained, regardless of where they first entered the migration zone. That the Department conduct a detailed assessment of all asylum seekers who arrived in Australian waters between 13 August 2012 and 20 May 2013 and were detained on the Australian mainland in Darwin and elsewhere to ensure that they were detained in accordance with the correct section of the law. and that if it is established that they are land arrivals, they are assessed as such. For those persons who have been wrongly assessed as being subject to the s 46A bar or incorrectly detained as offshore arrivals, the Department should take the necessary steps to expedite the processing of their claims for protection and mitigate any consequences of their has been wrongly withheld or wrongly assessed as being subject to s 46A bar.
CONCLUSIONS AND RECOMMENDATIONS
With the coming into force of the Migration Legislation Amendment (Regional Processing and Other Measures) Act 2012 on 18 August 2012, the Department had to immediately establish a complex operational framework. The Department acknowledges the comments in the report regarding the introduction of s 46A bar on persons arriving between 13 August 2012 and 20 May 2013. The purpose of the review was to determine whether persons arriving on these vessels were treated in accordance with the Department's legislative requirements and to identify any gaps or risks in the completed process.
The review is now examining all persons who arrived on the ship between August 13, 2012 and May 20, 2013. The Department will use the findings of the completed review to identify mitigation strategies and develop corrective measures for any individuals whose results may have been negatively affected. from incorrect application of the s 46A tape. The Department opposes the interpretation in the draft report on the legal effect of the excise legislation. The Department provides that the legal effect of the Migration Amendment (Exemption from Migration Zone) Act 2001, and similar subsequent amendments, is, notwithstanding the use of the term.
The Department draws your attention to the various references to Ashmore Island in the draft report and notes that such references are incorrect. The department has assessed the information on file for persons arriving at the SIEV Lambeth and found that their processing was in accordance with the requirements of the Migration Act 1956. This assessment forms part of the assessment of all persons arriving between 13 August 2012 and August 20 arrived by ship. May 2013. The department is committed to developing robust systems and processes that support efficient public administration.
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