26 September 2023

Ombudsman reports on immigration detentions

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The Commonwealth Ombudsman, Michael Manthorpe has published a Report on the condition of immigration detention facilities.

“Our visits to places of detention — and our Public Reports — play a critical role in protecting the rights of people who are deprived of their liberty,” Mr Manthorpe said.

In the Report, Monitoring Immigration Detention: The Ombudsman’s Activities in Overseeing Immigration Detention (January-June 2020), the Ombudsman made three recommendations.

Mr Manthorpe said he was concerned over the reasonableness of the use of force within the immigration detention network, the way complaints were handled and how vulnerable detainees were managed.

“The three recommendations focus on these areas,” he said.

The Ombudsman acknowledged the Department of Home Affairs’ recent implementation of a new operational notification to address use of force, including the use of the ‘ground stabilisation’ technique, had been in response to his Office’s concerns and recommendation.

However, he remained concerned about delays in the case progression of people in long-term detention, including delays in administrative processes.

“The Office continues to make recommendations, on a case-by-case basis, to expedite assessments against the guidelines for Ministerial intervention and other aspects of a person’s case progression,” Mr Manthorpe said.

“Given the long and undefined periods for which people can be held, and notwithstanding the legitimate national security and other risks that might be at play in some cases, it is crucial that each person’s case be kept under review, with an eye to fairness and compassion,” he said.

The Report also provides an overview of the number and types of complaints received by the Ombudsman about immigration detention facilities.

The Ombudsman’s 35-page report can be accessed at this PS News link.

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