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 Ms X and her niece who have remained in immigration detention for more than 30 months (two and a half years).
Name Ms X (and niece)
Citizenship Country A Year of birth 1976
Family details
Family members Miss Y (niece) Citizenship Country A Year of birth 2007
Ombudsman ID 1002855
Date of DIBP’s reports 24 November 2014 and 13 May 2015 Total days in detention Not provided
Detention history
24 November 2012 Detained under s 189(3) of the Migration Act 1958 after arriving in Australia aboard Suspected Illegal Entry Vessel (SIEV) 546 Yizhengq.
4 June 2015 Granted Bridging visas with associated Temporary Humanitarian Stay (THS) visas and released from detention.
Visa applications/case progression
The Department of Immigration and Border Protection (DIBP) advised that prior to being released from detention, Ms X and her niece were part of a cohort who had not had their protection claims assessed as they arrived in Australia after 13 August 2012 and the Minister had not lifted the bar under s 46A(2).
4 June 2015 Granted Bridging visas with associated THS visas.
Health and welfare Ms X
27 December 2012 International Health and Medical Services (IHMS) advised that Ms X disclosed a history of torture and trauma but declined specialist counselling.
18 June 2013 to 29 July 2013
Attended four specialist torture and trauma counselling sessions during this period. The psychologist noted that she displayed symptoms associated with previous traumatic experiences.
2
10 October 2013 A DIBP Incident Report recorded that Ms X was admitted to a hospital following a suspected fracture to her arm. No further information was provided.
16 June 2014 IHMS advised that Ms X was admitted to a hospital high
dependency unit following shortness of breath, difficulty speaking and abdominal pain. A bacterial infection affecting her heart was identified and she was diagnosed with urosepsis and low blood pressure.
26 June 2014 She was admitted for open heart surgery to replace a mitral valve. She was admitted into intensive care for post-operative management and for ongoing cardiac monitoring. She was discharged from hospital on 31 July 2014 into the care of a community health service until she was returned to community detention on 11 August 2014.
September 2014 She attended a follow up appointment with a cardiologist and received cardiac rehabilitation. Her general practitioner and cardiac specialist continued to monitor her condition prior to her release from detention.
Miss Y
February 2014 Reviewed by a psychologist and paediatrician who noted that Miss Y was experiencing trauma specific symptoms and incontinence related to stress. She was advised to continue therapy with a specialist psychological service.
Ombudsman assessment/recommendation
Ms X and her niece were granted Bridging visas with associated THS visas on 4 June 2015 and released from immigration detention.
The Ombudsman notes that Ms X and her niece were detained on 25 November 2012 after arriving in Australia and were held in detention for over two years before being granted Bridging visas. The Ombudsman further notes that, at the time of DIBP’s review of the Ms X and her niece’s case, processing of their claims for protection had not commenced.
The Ombudsman recommends that the Minister lift the bar under s 46A and processing of Ms X and her niece’s protection claims commence as soon as possible.
