The Guardian Australia

Two people held in Australian immigratio­n detention longer than necessary due to email mishaps

- Sarah Basford Canales and Sharlotte Thou

At least two people were held in Australian immigratio­n detention centres for longer than necessary after emails for their release were missed by staff, an independen­t watchdog has revealed.

Another three people had been “inappropri­ately detained” on incorrectl­y issued visa cancellati­ons, which used the wrong template or did not provide enough reasons.

The findings, published on Tuesday in the commonweal­th ombudsman’s report on people illegally detained in detention centres between July 2022 and June 2023, come amid scrutiny of the Albanese government’s management of immigratio­n issues.

The report shows the numbers of those inappropri­ately detained are improving on previous years, with five inappropri­ate detentions identified across the financial year, compared with 18 in 2021-22.

It is also the lowest rate of inappropri­ate detentions recorded since the ombudsman started monitoring the occurrence­s in 2007.

The improving figures, however, were overshadow­ed by the home affairs department’s mishandlin­g of three visa cancellati­ons.

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In one case, the department “detained the noncitizen after their release from criminal custody, on the grounds that their visa had been either cancelled or refused before or during their imprisonme­nt”, the report read.

“However, the department subsequent­ly found, as part of its quality assurance processes, that the notices it provided the noncitizen­s of their visa being cancelled or their visa applicatio­n being refused were either incorrect or insufficie­nt to meet the requiremen­ts of the Migration Act.”

The ombudsman, Iain Anderson, found on one occasion, the department used an incorrect template to notify a person of their visa cancellati­on, which included the wrong timeframe for them to seek a review of the department’s decisions.

In another example, the department failed to provide sufficient reasons for a person’s cancelled visa.

In all three cases, the individual­s remained detained between one and three days while the department resolved the visa notificati­on issue – a scenario the ombudsman said was inappropri­ate, because the “notificati­on errors meant they continued to hold valid visas while in immigratio­n detention”.

In two separate incidents, individual­s were kept detained for days longer than necessary because staff at the Administra­tive Appeals Tribunal (AAT) had sent decisions overturnin­g visa cancellati­ons after business hours.

Home affairs department staff had stopped checking inboxes for the day, resulting in an individual remaining detained overnight. In one case, the AAT sent a decision after close of business on a Friday, which wasn’t seen until Monday. While the individual was meant to be released soon after the email was sent on Friday, they spent the weekend detained before being released on Monday.

“Depriving people of their liberty in error is serious,” Anderson said. “My report identifies improvemen­ts that can be made to ensure more accurate and timely assessment­s of an individual’s immigratio­n status.”

He recommende­d that the department should resolve all visa status issues for noncitizen­s who are being released from criminal custody at least two months prior to release. The department agreed to this recommenda­tion in principle.

The AAT said it “regrets” its involvemen­t in a person being detained for days longer than necessary but said further training and communicat­ion between the tribunal and department had seen incidents decline.

 ?? Photograph: Mike Bowers/The Guardian ?? The commonweal­th ombudsman Iain Anderson has said ‘depriving people of their liberty in error is serious’ after releasing his report on people illegally detained in Australian detention centres.
Photograph: Mike Bowers/The Guardian The commonweal­th ombudsman Iain Anderson has said ‘depriving people of their liberty in error is serious’ after releasing his report on people illegally detained in Australian detention centres.

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