REPORT FOR TABLING IN PARLIAMENT BY
THE COMMONWEALTH AND IMMIGRATION OMBUDSMAN
Under s 486O of the Migration Act 1958
This is the second s 486O report on Mr X. The first report 1414/13 was tabled in Parliament
on 26 June 2013. This report updates the material in that report and should be read in
conjunction with the previous report.
Name
Mr X
Citizenship
Stateless (claimed), born in Country A
Year of birth
1974
Ombudsman ID
1001042
Date of DIAC’s and
DIBP’s reports
17 May 2013 and 20 November 2013
Total days in detention
1,285 (at date of DIBP’s latest report)
Recent detention history
Since the Ombudsman’s previous report (1414/13), Mr X has remained in community
detention.
Recent visa applications/case progression
22 November 2012
Federal Magistrates Court (FMC) dismissed judicial review of the
Independent Merits Review.
4 December 2012
Appealed the FMC’s decision with the Full Federal Court (FFC).
21 January 2013
A Nationality and Identity assessment report concluded that there
was insufficient information to confirm Mr X’s nationality and he
was deemed stateless.
13 March 2013
FFC dismissed appeal.
17 May 2013
Ministerial intervention was requested on behalf of Mr X under
s 195A. In its report of 20 November 2013, the Department of
Immigration and Border Protection (DIBP) advised that the former
Minister had indicated that he did not wish to consider detainees
who had been found not to be owed protection for the grant of a
Bridging visa.
20 November 2013
DIBP advised that as Mr X previously had a Post Review
Protection Claims assessment, he may be affected by the FFC’s
decision of 20 March 20131 and he would have his
complementary protection claims reassessed as part of a new
International Treaties Obligations Assessment (ITOA). DIBP
further advised that investigations into Mr X’s identity are
ongoing.
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Minister for Immigration and Citizenship v SZQRB [2013] FCAFC 33.
Health and welfare
In its report dated 26 April 2013 International Health and Medical Services advised that since
the Ombudsman’s previous report, Mr X has attended psychological counselling for
post-traumatic stress disorder and depression.
Information provided by Mr X
During a telephone conversation with Ombudsman staff on 10 April 2014, Mr X advised that
he tries to keep himself as busy as possible as it distracts him from his immigration situation.
He attends English classes daily to study the English language and learn about Australian
culture.
Mr X also stated that he attends weekly mental health counselling which is beneficial.
However, he can only attend counselling when he receives a referral from the Australian Red
Cross and it is frustrating because whenever he has to get a new referral it means delays
between counselling sessions. The counsellors he sees help him and he is happy with the
psychological support he receives.
Case status
Mr X has been found not to be owed protection under the Refugee Convention and the
complementary protection criterion. DIBP advised that his case may be affected by the FFC’s
decision on 20 March 2013 and he will have his complementary protection claims
reassessed as part of a new ITOA.
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