REPORT BY THE COMMONWEALTH AND
IMMIGRATION OMBUDSMAN FOR TABLING IN PARLIAMENT
Under s 486O of the Migration Act 1958
This is the third s 486O report on Ms X who has remained in restricted immigration detention
for more than 36 months (three years).
The first report 1001284 was tabled in Parliament on 28 May 2014 and the second report
1001515 was tabled in Parliament on 22 October 2014. This report updates the material in
those reports and should be read in conjunction with the previous reports.
Name
Ms X
Citizenship
Country A
Year of birth
1960
Ombudsman ID
1001965
Date of DIBP’s report
3 November 2014
Total days in detention
1,098 (at date of DIBP’s report)
Recent detention history
10 October 2014
Since the Ombudsman’s previous report (1001515), Ms X was
transferred from Wickham Point Alternative Place of Detention
(APOD) to Villawood Immigration Detention Centre (IDC).
Recent visa applications/case progression
15 May 2014
Federal Circuit Court dismissed Ms X’s application for an injunction
to prevent her removal from Australia and to have the bar lifted
under s 46A of the Migration Act 1958.
11 August 2014
Lodged a Bridging visa application.
13 August 2014
Ms X was notified that her Bridging visa application was invalid due
to the bar under s 46A.
3 November 2014
The Department of Immigration and Border Protection (DIBP)
advised that Ms X was scheduled to appear in Court on
7 November 2014 in relation to assault charges.
Health and welfare
7 May 2014
Attended an appointment with an ear, nose and throat (ENT)
specialist for the removal of wicks from her ears, which had been
inserted during a day procedure on 27 April 2014. The specialist
reported that Ms X’s ears had healed.
12 May 2014
DIBP Incident Report recorded that Ms X had threatened
self-harm if she did not receive her medicine. No further
information regarding this matter was provided by DIBP or
International Health and Medical Services (IHMS).
17 July 2014
Presented to IHMS with debris in her ear canal and was referred to
an ENT specialist for review.
On the same day, Ms X was referred for physiotherapy following
tension headaches and spine pain. She attended two
appointments in September 2014 and requested further
physiotherapy in October 2014. IHMS advised that her
physiotherapy treatment was ongoing at the time of its report.
9 October 2014
Attended an ENT specialist appointment and was prescribed with
antibiotics. She was recommended for follow up in two weeks to
determine if she required a scan of her temporal bone. At the time
of its report IHMS was awaiting further information regarding this
appointment.
7 November 2014
During an appointment with a psychiatrist Ms X presented as
distressed, teary, frustrated and demoralised due to her lack of
freedom. She reported severe anxiety, headaches, poor memory
and lethargy. IHMS advised that Ms X denied thoughts of self-harm
and that she continues to take her mental health medication.
13 November 2014
IHMS advised that Ms X continues to be prescribed with
medication for type 2 diabetes and high cholesterol and that these
conditions are being monitored and managed by a general
practitioner.
Recent detention incidents
Ms X has allegedly been involved in numerous incidents since the Ombudsman’s previous
report, including displaying aggressive and abusive behaviour towards staff, possession of
contraband and stealing/damaging property.
20 June 2014
Allegedly hit and scratched a Serco officer.
16 August 2014
Allegedly shouted profanities and spat at a Serco officer.
Other matters
On 19 January 2015 the Ombudsman’s office received a complaint from Ms X regarding the
transportation of her possessions during her transfers between Wickham Point APOD and
Villawood IDC. She advised that on her transfer to Wickham Point APOD in April 2014, she
was allowed to take 20 kilograms of luggage with her and the remainder of her luggage was
sent to her after her arrival.
Ms X stated that upon her transfer back to Villawood IDC in October 2014 she was advised by
DIBP that she could take 20 kilograms of luggage with her, but that she would have to arrange
and pay for the transportation of her remaining luggage. This matter is currently being
investigated by the Ombudsman’s office and remained outstanding at the time of this report.
Case status
Ms X has been found not to be owed protection under the Refugee Convention and the
complementary protection criterion. She is awaiting the outcome of criminal proceedings.
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