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Investigation report "Taking Liberties"
On 7 February 2024, the Commonwealth Ombudsman, Iain Anderson, published an investigation report, ‘Taking Liberties’, focussing on whether the Department of Home Affairs (Home Affairs) and the Australian Border Force (ABF) has appropriate policies and procedures in place to ensure unlawful non-citizens are removed from Australia in a timely way.
The Ombudsman found Home Affairs and ABF processes to remove unlawful non-citizens from Australia don’t achieve timely outcomes and they should improve and expedite their processes. Delays in removal adversely impact the detained person’s physical and mental health, the severity of which may increase over time.
In releasing his report, Mr Anderson said, “I commenced this investigation based upon concerns I raised with Home Affairs and ABF in early 2023 following highly critical comments about Home Affairs' and ABF's inaction in the removals process by the Federal Court in the case of Sami v Minister for Home Affairs [2022] FCA 1513."
"My Office found Home Affairs' and ABF's removals policies and procedures make little acknowledgement that for every passing day, until the person is removed from Australia, the person is being deprived of their liberty. Home Affairs and ABF did not capture learnings following Mr Sami's case and they made no changes to their policies and procedures as a result of this decision."
The Ombudsman's report makes 3 recommendations to Home Affairs and ABF aimed at minimising the time detained persons are deprived of their liberty while awaiting removal from Australia. These recommendations are designed to ensure Home Affairs and ABF:
- have a prioritised process for removing detained persons from Australia
- review their policies and procedures against every relevant judicial and tribunal decision, and
- review all significant cases taking into account the entirety of the detention and removal period.
To read the full article please click here.
Source: Commonwealth Ombudsman, Australia
