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FOI Document #1

Sensitive: Personal

Report on people detained and later released as lawful non-citizens

1. Introduction

This report to the Commonwealth Ombudsman documents the number of people detained
and later released as lawful non-citizens during the period 01 January 2016 to 30 June 2016.
People included in the report were released from immigration detention on the basis that
there was no longer reasonable suspicion, as required by section 189 of the Migration Act
1958 (the Act), that they were unlawful non-citizens.

For this reporting period, there were a total of 3,197 people detained as suspected unlawful
non-citizens (excluding Illegal Maritime Arrivals). Out of 3,197 people detained, 10 people
are included in this report, which represents less than one-third of one per cent of the total
people detained.

The ‘current status’ of each case is current as at 28 July 2016.

2. How cases are identified

The cases included in this report are identified through a system report and data entered into
the Compliance Case Management Detention and Settlement (CCMDS) Portal.

There are nine release types that are used as descriptors to record the reasons for a
person’s release from immigration detention. This report includes cases where one of the five
following descriptors has been used to record the circumstances surrounding a person’s
release from detention. The use of one of these descriptors by departmental officers may
signify a risk that the detention of the person did not accord with the Act.

Identity confirmed Reasonable suspicion that the person was an unlawful non-citizen
was held, even though identity and/or immigration status could not
be confirmed at the time of detention.

Litigation consequence Person was released as a result of a court judgment.

Operation of law Person was released as a result of a determination that the person
is an absorbed person, or a determination that the person acquired
citizenship, or the person was granted a Bridging visa E through
operation of law under section 75 of the Act.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
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Process incorrect The Department of Immigration and Border Protection failed to


properly administer the person’s case, and/or failed to properly
notify a person of a negative visa decision, resulting in a person
showing incorrectly in departmental systems as unlawful.

Records incorrect The person was detained because of inaccurate or incorrect


information on departmental systems.

Cases where the following four release descriptors are used are not included in the report as
they do not signify a risk of unlawful detention:

• Change to detention power


• Departure from Australia
• Visa grant
• Other

3. Case risk assessments

In preparing this report, each case has been assessed to identify the likelihood that the
detention did not occur and/or was not maintained in accordance with the Act. The likelihood
is assessed as high, medium or low risk. The Department identifies and implements
remedial action at both a case specific and systemic level where required and particularly
where the risk of inappropriate detention is assessed as medium or high.

4. This report

For the period 01 January 2016 to 30 June 2016, 10 cases have been identified where
people have been released from immigration detention on the basis that reasonable
suspicion could no longer be maintained that they were unlawful non-citizens (as required by
section 189 of the Act). The 10 cases in this report have been assessed as medium risk.

5. Previous report
The last report covered the period 01 July 2015 to 31 December 2015, and included 14 cases
where people had been released from immigration detention as reasonable suspicion could
no longer be maintained that they were unlawful non-citizens. 12 of the cases were
considered to be low risk and 2 were considered to be high risk.

6. Percentage comparison

For the period 01 January 2016 to 30 June 2016, there were a total of 3,197 people detained
as suspected unlawful non-citizens (excluding Illegal Maritime Arrivals). The total number of
people detained, then later released as reasonable suspicion could no longer be maintained
that they were unlawful non-citizens, represents less than one-third of one per cent of the
total number of people detained.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
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7. Specific Cases

Breakdown of cases for this reporting period follow.

Name Release Descriptor Attachment


s47F

Process incorrect
Attachment A
Defective notification
Process incorrect
Attachment B
Defective notification
Litigation consequence
Attachment C
Jurisdictional error
Process incorrect
Attachment D
Defective notification
Process incorrect
Attachment E
Defective notification
Process incorrect
Attachment F
Defective notification
Process incorrect
Attachment G
Defective notification
Process incorrect
Attachment H
Administrative Deficiency
Process incorrect
Attachment I
Administrative Deficiency
Process incorrect
Attachment J
Defective notification

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
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Medium Risk Case 1 January 2016 – 30 June 2016

ATTACHMENT A

Process Incorrect Defective notification

s47F
Family Name
Given Name
Alias
Nationality
DOB
ICSE Client ID
Date of Detention
Date of Release
Number of days in detention

Summary

On s47
F June 2016, s47F was located at s47F Airport by Australian Federal
Police (AFP) officers. s47F
was referred to the Department’s Immigration Status Service (ISS)
for a visa status check. After conducting a preliminary check, the ISS officer held
reasonable suspicion that s47F was an unlawful non-citizen and s47
F was detained
under section 189(1) of the Migration Act 1958 (the Act) at s47F . The ISS officer then
interviewed s47F .

On s47
F June 2016, at 0s47F , the ISS interviewing officer was unable to maintain reasonable
suspicion s47F was an unlawful non-citizen and s47F was released
from immigration detention.
s47F
was detained for less than 4 hours.

Background
s47
F December 2015, s47F arrived in Australia as the holder of an s47F
visa.
s47
F February 2016, s47F lodged a s47F visa
application.
s47
F March 2016, s47F was granted a s47F visa in association
with s47F s47F visa application.
s47
F March 2016, s47F s47F
visa application was determined
to be invalid. s47F was notified by mail of the decision.
s47
F May 2016, s47F associated s47F visa granted in
association with the s47F visa application ceased.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
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s47
F June 2016, s47F
was located at s47F Airport by AFP officers and
detained under section 189(1) of the Act. s47F was then interviewed by an ISS
officer, who also reviewed the decision that s47F application for a s47F
visa was invalid. During the ISS interview, s47F
advised the ISS
officer that s47
F had not received notification that s47F s47F
visa application
was invalid. The ISS officer also noted that the 4 March 2016 notification to
s s47F

that s47F s47F visa application7


F
was invalid included an incorrect address.

At that point, the ISS officer could no longer maintain reasonable suspicion that
s47F
was an unlawful non-citizen as s47F s47F
, granted to
s47F
in association with s47F s47F
visa application, had not ceased. s47F
was released from immigration detention.

Actions

The Department is improving existing procedures to ensure that clients are effectively
notified when they lodge invalid applications. This is particularly important when s47F
visas are granted s47F and where cessation of such s47F
visas is only triggered upon confirmation a client has received valid notification.

The Department’s Legal Framework and Training Section is progressing changes to the
Generic Guide A in LEGEND, the Department’s electronic legal and policy database. The
changes will advise decision makers that where a notice of invalid application is not
successfully transmitted via e-mail, or returned to sender, further attempts to notify the client
of the invalid application either orally or in person should be made.

Current Status
s47
F June 2016, s47F was advised orally that s47F s47F
visa
application was invalid.
s47
F June 2016 s47F was granted a s47F s4
7F which remains in effect.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
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Medium Risk Case 1 January 2016 – 30 June 2016

ATTACHMENT B

Process incorrect Defective notification

s47F
Family name
Given name
Alias
Nationality
DOB
ICSE Client id
Date of detention
Date of release
Number of days in detention

Summary

On s47
F March 2016, s47F was located by Australian Border Force (ABF)
officers at s47F family home at s47F . An ABF officer held
reasonable suspicion that s47F was an unlawful non-citizen. s47F was
subsequently detained under section 189(1) of the Migration Act 1958 (the Act) and
transferred to the s47F facility (s47F s47F
was
detained together with s47F

On s47
F March 2016, the Department’s Status Resolution Operational Support Section
confirmed s47F had not been correctly notified of the decision to refuse s47F s47F
visa application made on s47F . As a result, s47F continued to hold a
s47F
visa (s47F
granted to s47F
in association with the s47F
visa application.
s47F
was released from detention on s47
F March 2016.

Background
s47
F September 2006, s47F was born in s47F s47F
was taken to hold a s47F at birth.
s47
F June 2010, s47F lodged a valid application for a s47F visa and was granted a
further s47F
s47
F November 2010, s47F visa application was refused.
s47
F December 2010, the s47F granted on s47
F June 2010 ceased.
s47
F March 2011, the refusal notification sent to s47F on s47
F November 2010 was
returned unclaimed to the Department.
s47
F March 2016, s47F was located by ABF officers at s47F family home at
s47F
and detained under section 189(1) of the Act.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
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s47
F March 2016, a Detention Review Manager (DRM) review was conducted. The address
provided in s47F application on s47
F June 2010 differed from the address provided by
s47F
parents when they lodged s47F applications on s47
F September 2010, for
themselves and s47F .
s47
F March 2016, Status Resolution Operational Support Section requested advice from the
Department’s Legal Framework and Training Section.
s47
F March 2016, Legal Framework and Training Section confirmed s47F s47F

visa refusal notification was defective and the notification should have been sent to the
address provided by s47F parents on s47
F September 2010. As a result, s47F
continued to hold a s47F
visa granted to s47F
in association with the s47F visa
application.
s47F
was released from detention on s4 March 2016.
7
F
Actions

The error in s47F notification is not a systemic one.

Departmental record keeping requirements in this case were not met. The Department
provides regular training to decision makers on how to record and monitor client addresses.
The training advises delegates to be particularly vigilant in cases involving minors. The
training counsels decision makers to comprehensively search departmental systems to
identify all addresses provided by a minor’s parents/carers. Decision makers must then seek
advice on the appropriate address to use when contacting the minor.

Current Status
s47F
is currently residing in the community with s47F family. s47F s47F
granted on
s47
F June 2010 is still in effect.
s47
F March 2016, s47F was re-notified of the s47F visa refusal notification of
s47
F November 2010.
s47
F March 2016, s47F lodged an application for review with the Administrative Appeals
Tribunal (AAT). This application is ongoing.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
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Medium Risk Case 1 January 2016 – 30 June 2016

ATTACHMENT C

Litigation consequence Jurisdiction error

s47F
Family Name
Given Name
Alias
Nationality
DOB
ICSE Client ID
Date of detention
Date of release
Number of days in detention

Summary

On s47
F April 2016, s47F was located by Australian Border Force (ABF) officers on s47F
release from criminal custody at the County Court of s47F . s47F was
detained under section 189(1) of the Migration Act 1958 (the Act) and transferred to the
s47F
Immigration Detention Centre (s47F
s47
F April 2016, s47F lodged judicial review application with Federal Circuit Court regarding
the cancellation of s47F s47F visa. On s47
F May 2016, the Department
conceded the decision to cancel s47F s47F
visa on s47
F November
2015 was affected by a jurisdictional error.

Subsequently, s47F was released from immigration detention on s47


F May 2016 and s47F
s47F
visa was reinstated.

Background
s47
F August 2013,s47F arrived in Australia as the holder of s47F visa.
s47
F November 2015,s47F s47F
visa (was cancelled under section
116(1)(b) of the Act on the grounds s47F was not enrolled in a registered course.
s47
F April 2016, s47F was located by ABF officers on s47F release from criminal custody at
the County Court of s47F
. s47F was detained under section 189(1) of the
Act and transferred to the s47F

s47
F April 2016, a Detention Review Manager (DRM) review was conducted. The DRM
considered the grounds on which s47F visa was cancelled and failed to identify any error
in the decision.
s47
F April 2016, s47F lodged judicial review application with Federal Circuit Court regarding
the cancellation of s47F s47F
visa.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
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On May 2016, the Department conceded the decision to cancel s47F


s47
F
s47F

visa on s47
F November 2015 was affected by a jurisdictional error. The
Department withdrew from the Judicial Review proceedings initiated by s47F .
Subsequently, s47F was released from immigration detention on s47
F May 2016 and s47F
s47F
visa was reinstated.

Actions

Although, the detaining officer and the DRM reviewed the cancellation of s47F s47F

visa, the error in the decision was a complex legal matter beyond the review
of either the detaining officer or the DRM.

The cancellations processing area responsible for the error has been advised and
Litigations Branch will work with relevant stakeholders on the implications this error has for
future cancellations decision making.

Current Status
s47F
is currently in the community as the holder of a s47F visa that is
valid till s47
F August 2017.
s47
F May 2016, the Department commenced considering s47F s47F
visa
for cancellation under section 116 of the Act. This remains ongoing.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
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Medium Risk Case 1 January 2016 – 30 June 2016

ATTACHMENT D

Process incorrect Defective notification

s47F

Family Name
Given Name
Alias
Nationality
DOB
ICSE Client ID
Date of detention
Date of release
Number of days in detention

Summary

On s47
F June 2016 s47F was located by s47F Police while s47F s47F
was referred to
the Immigration Status Service (ISS) for a visa status check. The ISS officer held reasonable
suspicion that s47F was an unlawful non-citizen, s47
F was detained under section 189(1) of
the Migration Act 1958 (the Act) and transferred to the s47F
Immigration Detention
Centre (s47F

On s47
F June 2016, the Status Resolution Operational Support Section confirmed that s47F
had not been correctly notified of the decision to refuse s47F two s47F
visa applications that s47
F had lodged on s47
F July 2007. As a result s47F
continued to hold two s47F
(s47F
granted to s47F
in association with the two
s47F
visa applications.
s47F
was consequently released from detention on s47
F June 2016.

Background
s47
F May 2007, s47F last arrived in Australia as the holder of a s47F
visa.
s47
F July 2007, s47F lodged two applications for a s47F
visa and F was granted two associated s47F
s47
to maintain s47F lawful status during the
processing of each application.
s47
F February 2008, s47F first application for a s47F
visa was refused. As s47F had consented to receive communication electronically from
the Department the refusal notification was emailed to s47F This refusal notification was
defective as the delegate failed to accurately describe the timeframe in which the applicant
could have sought review of the decision to refuse s47F application.
s47
F March 2008, s47F first s47F granted to s47F in association with the s47F
visa that was refused on s47
F February 2008, ceased.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
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s47
F July 2008, s47F was located by s47F Police and referred to the ISS for a visa status
check. The status check confirmed s47F was a lawful non-citizen and that s47F
second s47F visa application was ongoing.
s47F
Police also provided verbal advice, that s47F current address was s47F
(the s47F
address). Notwithstanding departmental requirement that
address updates must be submitted using form 929, the s47F address was recorded in
departmental systems.
s47
F July 2008, s47Fwas asked to undertake a health check in relation to s47F second
s47F
visa application. This request was made by email.
Departmental records indicate delivery of this email failed.
s47
F October 2008, s47F second s47F visa application
was refused. The notification was sent by email and a copy sent by registered post to the
s47F
address provided by s47F Police on s47F .
s47
F October 2008, the refusal notification sent by post to the s47F address was returned
to the Department unclaimed.
s47
F October 2008, s47F was re-notified of the decision to refuse s47F second s47F
visa application by post. This notification was sent to a second
address, s47F (the s47F address). This address had
similarly been provided verbally by s47F
police to an ISS officer on s47F .
s47
F October 2008, the refusal notification sent by post to the s47F address was returned
to the Department as unclaimed.
s47
F June 2016, s47F was located by s47F Police while trespassing. s47F was referred to
ISS for a visa status check. The ISS officer held reasonable suspicion that s47F was an
unlawful non-citizen, s47
F was detained under section 189(1) of the Act and transferred to the
s47F
Immigration Detention Centre (s47F
s47
F June 2016, a Detention Review Manager (DRM) review was conducted, including an
assessment of the two decisions taken to refuse s47F a s47F
visa. The DRM identified errors in the notification of both visa refusals and referred the
matter to the Status Resolution Operational Support Section. It was confirmed that s47F
had not been effectively notified of the two decisions taken to refuse s47F s47F
visa applications. On this basis, s47F continued to hold two
s47F
visas and needed to be released from immigration detention as soon as
practicable.
s47F
was consequently released from immigration detention on s47
F June 2016.

Actions

The appropriate process on both occasions when the s47F Police provided verbal advice of
s47F
current address would have been to obtain the updated address through
departmental form 929, which would have allowed s47F to provide s47F address for service
of documents. Any notification sent to an address obtained verbally, rather than through
form 929, is defective.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
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Departmental officers are trained in the use of the form 929 to obtain a person’s address for
service and its use is monitored as part of ongoing visa processing audits. Failure of the
officers in this case to use the correct form was a serious but not systemic error. ISS and the
relevant visa processing area responsible for the error have been advised and the
responsible officers counselled.

Current Status
s47F
is currently in the community as the holder of two s47F visas.

On s47
F July 2016, s47F was re-notified of the two decisions taken to refuse s47F s47F

visa applications.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #1

Sensitive: Personal
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Medium Risk Case 1 January 2016 – 30 June 2016

ATTACHMENT E

Process incorrect Defective notification


s47F
Family name
Given name
Alias

Nationality
DOB
Date of detention
Date of release
Number of days in detention

Summary

On s47
F June 2016, s47F was detained by the Department under section 189(1) of the
Migration Act 1958 (the Act) at s47F Magistrate’s Court where s47
F was released on
bail. s47F had been charged with s47F
. s47F was transferred to the s47F Immigration Transit
Accommodation facility ( s47F

On s47
F June 2016, Status Resolution Operational Support Section confirmed that s47F
held a s47F
granted to s47F when s47
F lodged s47F s47F
application on s47
F August 2001.
s47F
was subsequently released from immigration detention on s47F .

Background
s47
F October 1996, s47F first arrived in Australia as the holder of a s47F
visa.
s47
F September 1997, s47F was granted a s47F visa onshore. The visa would remain in
effect until F September 2001.
s47

s47
F August 2001, s47F lodged a first s47F visa application onshore.
s47
F August 2001, s47F was granted a s47F as s47
F intended to travel offshore and
submit a second s47F
visa application offshore.
s47
F August 2001, s47F lodged a second s47F visa application offshore.
s47
F September 2001, s47F returned to Australia on s47F s47F

s47
F October 2001, s47F was granted a second s47F as s47
F intended to travel
offshore and await a decision on the second s47F
visa application F lodged on
s47

s47
F August 2001. The legislation at the time prescribed that if a s47F visa application was
lodged offshore, the applicant was required to be offshore at the time of grant of the visa.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
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s47
F October 2001, s47F was granted a s47F visa in relation to the second s47F visa
application which had been lodged offshore.
s47
F October 2001, s47F returned to Australia on s47F second s47F visa.
s47
F October 2002, s47F first s47F visa application, lodged on s47F , was
finalised by a delegate as ‘otherwise determined.’ This finalisation was an error based on an
incorrect interpretation of written advice s47F had provided the Department requesting to
withdraw the first s47F visa application once the second s47F visa application had been
finalised.

In July 2007, departmental Compliance officers sought legal advice to confirm if s47F
first s47F visa application had been finally determined or remained ongoing.
s47
F August 2007, the Department’s Legal Opinions Helpdesk confirmed that s47F first
s47F
visa application lodged on s47
F August 2001 was invalid. Under the Regulations at the
time, s47F could only have lodged a valid s47F visa application if s47
F was outside Australia
on s47
F August 2001. s47F was in Australia on that date.
s47
F September 2007, a letter was sent by the Department to s47F migration agent,
advising s47F that the first s47F visa application was invalid. s47F was also notified the
s47F
granted in association with the application would cease 28 days after
s47F
was taken to have been notified that the application was invalid.
s47
F September 2007, the invalid notification was returned to the Department unclaimed.
s47F
then remained in Australia and pursued a number of immigration options until
s47
F May 2011 when the last visa s47
F held, a s47F ceased and s47
F remained
unlawfully in the community.
s47
F June 2016, s47F was detained by the Department under section 189(1) of the Act at
s47F
Magistrate’s Court where s47
F was released on bail. s47F had been charged
with s47F s47F

was transferred to the s47F


Immigration Transit Accommodation facility (s47F

s47
F June 2016, a Detention Review Manager (DRM) review was conducted. The DRM
identified an error in notification as the notification had been returned unclaimed when sent to
s47F
migration agent. Status Resolution Operational Support Section referred to
Legal Framework and Training Section for advice.
s47
F June 2016, Legal Framework and Training Section advised that s47F had not been
first effectively notified of s47F
invalid s47F
visa application. The advice confirmed s47F
continued to hold a s47F
granted to s47F
in association with the invalid first s47F application.

At s47F on the s47


F June 2016 s47F was released from immigration detention.

Actions

The Department is improving existing procedures to ensure that clients are effectively
notified when they lodge invalid applications. This is important when s47F visas are
granted in association with any invalid application and where cessation of such s47F visas
is only triggered when there is confirmation a client has received the valid notification.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #1

Sensitive: Personal
- 15 -

The Department’s Legal Framework and Training Section is progressing changes to the
Generic Guide A in LEGEND, the Department’s electronic legal and policy database. The
changes will advise decision makers that where a notice of invalid application is not
successfully transmitted via email, or returned to sender, further attempts to notify the client
of the invalid application either orally or in person should be made.

Current status

After s47F release on s47


F June 2016, s47F was considered for cancellation under
section 116 of the Act as it had been granted to s47F on the grounds s47
F had made a valid first
s47F
visa application. s47F
was advised that those grounds no longer existed and was
provided with an opportunity to comment prior to a cancellation decision being made.
s47F s47F
was subsequently cancelled on s47
F June 2016 and s47
F was detained under
section 189(1) of the Act. s47F
is scheduled for a committal hearing at s47F
Magistrate’s Court on s47
F August 2016.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
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Medium Risk Case 1 January 2016 – 30 June 2016

ATTACHMENT F

s47F

Process incorrect

Family Name
Given Name
Alias
Nationality
DOB
ISCE Client ID
Date of detention
Date of release
Number of days in detention

Summary

On s47
F May 2016, s47F was located by s47F Police during a routine traffic stop.
s47F
was referred to the Immigration Status Service (ISS) for a visa status check. The ISS
officer held reasonable suspicion that s47F was an unlawful non-citizen. s47F was
detained under section 189(1) of the Migration Act 1958 (the Act) and transferred to the
s47F
Immigration Detention Centre (s47F

On s47
F June 2016, Status Resolution Operational Support Section confirmed that the s47F
visa application lodged by s47F on s47
F January 2014 had not been effectively
withdrawn. As a result, s47F
continued to hold a s47F and was
released from detention at s47F
on F June 2016.
s47

Background
s47
F February 2013, s47F last arrived in Australia as the holder of a s47F
visa.
s47
F January 2014, s47F was included as a dependant applicant in a s47F visa
application lodged by s47F
then s47F
was granted an
associated s47F on the date of lodgement.
s47
F October 2015, a written request for withdrawal was received from s47F .
The request to withdraw the application made no direct reference to the s47F applicant,
s47F
, nor to s47F application.
s47
F October 2015, the s47F visa application of both s47F and
s47F
were withdrawn. However, it is not open to a s47F applicant to withdraw an
application on an s47F applicant’s behalf, unless they are acting with the express
authority of the s47F applicant. On this basis, the Department erred in withdrawing
s47F
application based on the request of s47F
s47
F November 2015, s47F s47F
ceased.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #1

Sensitive: Personal
- 17 -

s47
F May 2016, s47F was located by s47F Police and detained after being referred to
the ISS for a status check. s47F
was detained and streamed incorrectly as a s47F
client. Detainees streamed as s47F clients are generally at low risk of unlawful
or inappropriate detention and in accordance with the Detention Related Decision Making
Framework (DRDM) such detainees are only reviewed by the Detention Review Manager
(DRM) after 28 days.
s47
F June 2016, a DRM review was conducted and identified that s47F s47F
visa
application may have been withdrawn in error as it was based on the written request of s47F
then s47F Status Resolution Operational Support Section confirmed the error and that
s47F
had an ongoing s47F visa application. The advice also confirmed
s47F
was the holder of a s47F
s47F
was released from detention at s47F on s47
F June 2016.

Actions
s47F
was streamed as a s47F client which resulted in s47F detention not being reviewed
until 28 days had passed. To mitigate against the possibility of this re-occurring the DRM is
now subjecting all people streamed as RR to a Quality Assurance (QA) assessment within
24 hours of detention. The QA assessment ensures that any detainee who may be the holder
of a visa, regardless of which stream they are placed in, is identified as early as possible.

The decision to withdraw s47F s47F


visa application was an error. The visa
processing area responsible for the error has been advised and the issue has been flagged
for inclusion in future training.

When advice was obtained that s47


F was a lawful non-citizen, the Department took immediate
steps to release s47F from detention. s47F detention was reviewed on
s47
F June 2016 and F was released on the same day.
s47

Current Status
s47F
is currently residing in the community while holding a s47F

On s47
F July 2016, s47F was invited to provide further information in connection with
s47F
ongoing s47F visa application. If s47
F elects to withdraw s47F application, s47F s47F
will cease 28 days after s47F request to withdraw is received by the delegate.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #1

Sensitive: Personal
- 18 -

Medium Risk Case 1 January 2016 – 30 June 2016

ATTACHMENT G

Process incorrect Defective notification

s47F
Family Name
Given name
Alias
Nationality
DOB
ICSE Client id
Date of detention
Date of release
Number of days in detention

Summary

On s47
F May 2016 s47F was detained under section 189(1) of the Migration Act 1958
(the Act) by an Australian Border Force (ABF) officer during the execution of a s251 search
warrant at a residential unit in s47F .

On s47F , the Department’s Status Resolution Operational Support Section confirmed


that s47F was the holder of a s47F granted in association with a s47F
visa application s47F had made on s47
F January 2014.
s47F
was released from detention on s47
F May 2016.

Background
s47
F January 2013, s47F arrived in Australia on a s47F visa.
s47
F January 2014, s47F lodged an application online for a further s47F
visa and was granted a s47F in association with the application.
s47
F February 2014, the Department emailed s47F to request additional information in
relation to the visa extension application.
s47
F February 2014, the Department’s electronic database ICSE was updated to reflect the
transmission failure of the email sent on s47
F February 2014.
s47
F March 2014, s47F was notified by email of the refusal of s47F s47F

visa.
s47
F May 2016, s47F was detained under section 189(1) of the Act and transferred to
the s47F Immigration Detention Centre (s47F
s47
F May 2016, an ABF officer reviewed the notification of the decision to refuse s47F
s47F
visa, and concluded that the notification of
the visa refusal was effective.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #1

Sensitive: Personal
- 19 -

s47
F May 2016, a Detention Review Manager (DRM) review was conducted. The refusal
notification of s47
F March 2014 was sent by email to the same email address used to
correspond with s47F on s47
F February 2014. There was evidence that documents
previously sent to that email address had been undeliverable. Status Resolution Operational
Support Section obtained legal advice from Legal Framework and Training Section. Advice
confirmed that s47F was the holder of a s47F as the notification of s47F
s47F
visa refusal was defective.
s47F
was released from detention on the same day.

Actions

The error in this case was not a systematic one. The notification defect that lead to the error
has been recorded and will be considered as part of future training.

Current Status
s47
F May 2016 s47F was re-notified of the decision to refuse s47F s47F

visa.
s47
F July 2016, s47F lodged a valid application for a s47F
visa.
s47
F July 2016, s47F was granted a s47F in association with s47F s47F

visa application and remains in the community holding that visa.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #1

Sensitive: Personal
- 20 -

Medium Risk Case 1 January 2016 – 30 June 2016

ATTACHMENT H

Process incorrect Administrative deficiency

s47F
Family Name
Given Name
Alias
Nationality
DOB
ICSE Client ID
Date of detention
Date of release
Number of days in detention

Summary

On s47
F May 2016 s47F was located by Australian Border Force (ABF) officers at the
s47F
state office of the Department. The detaining officer held reasonable
suspicion that s47F was an unlawful non-citizen, s47
F was detained under section
189(1) of the Migration Act 1958 (the Act) and transferred to the s47F Immigration
Detention Centre (s47F

On s4 June 2016, the Department’s Status Resolution Operational Support Section confirmed
that7Fs47F held two s47F One s47F had been granted in
association with a further s47F
entry permit application s47F lodged on
s47
F December 1989. The second s47F
was granted in association with a further s47F
entry permit lodged on s47F
.

As a result, s47F continued to hold two s47F and was released from detention on
s
4June 2016.
7
F
Background
s47
F December 1988, s47F arrived in Australia as the holder of a s47F
entry permit.
s47
F May 1989, s47F was granted an extension of stay to remain in Australia until
s47
F December 1989.
s47
F December 1989, s47F submitted an application for a further s47F entry permit
(first entry permit application). No further substantive progress was made on the first entry
permit application and it remained unfinalised at the time of s47F detention on
s47
F May 2016.
s47
F November 1990, the Department wrote to s47F advising s47F the Department of
Employment, Education and Training no longer supported s47F stay in Australia.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #1

Sensitive: Personal
- 21 -

s47
F August 1994, s47F submitted an application for a further entry permit on the basis
of s47F
(second entry permit application).
s47
F September 1994 the application for a second entry permit was taken by a departmental
delegate, erroneously, to have transitioned into an application for a s47F
visa.
s47
F November 1994, s47F was granted a further s47F to maintain s47F lawful status
while the second entry permit was ongoing.
s47
F December 1995, the Department refused to grant s47F a s47F
visa. This was an error as s47F
did not have an ongoing application for a s47F
visa.
s47
F June 1996, s47F made an application for merits review of the decision to refuse at
the (then) s47F . The Tribunal decided it did not have jurisdiction to hear
the application as the application for review was made out of time.
s47
F December 2012, s47F made a request under s351 of the Act for the Minister to
intervene and grant s47F a visa.
s47
F January 2013, advice was provided by Status Resolution Operational Support Section
that the decision to refuse s47F a s47F visa was effected by a
second error (known as a SREY error) and that s47F
needed to be re-notified of the
decision to refuse s47F a s47F visa.
s47F
April 2013, s47F was granted the s47F while s47F request for Ministerial
Intervention under section 351 of the Act was considered and while s47
F was making
arrangements to depart Australia voluntarily.
s47
F May 2016, s47F s47F
was cancelled under section 116 of the Act and s47
F was
detained.
s47
F May 2016, a Detention Review Manager (DRM) review was conducted and a referral for
further assessment was made to the Status Resolution Operational Support Section who
sought legal advice from the Department’s Legal Opinions Helpdesk.
s47
F June 2016, the Legal Opinions Helpdesk confirmed that s47F held two s47F visas.
One s47F
had been granted to s47F
in association with the unfinalised first s47F
application s47F
lodged on F December 1989. The second s47F had been granted to
s47

s47F
in association with the unfinalised second s47F application lodged on s47
F
. The advice confirmed the second entry permit had transitioned to two
applications on 01 September 1994, an application for a s47F visa and an
application for a s47F visa.

As a result, s47F continued to hold two s47F and was released from detention on
s47
F June 2016.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #1

Sensitive: Personal
- 22 -

Actions

The delegate who decided the second entry permit application made by s47F erred in
refusing s47F a s47F visa. The delegate failed to identify that
s47F
had two ongoing applications - a s47F visa and s47F
visa – that needed to be decided. This was not picked up by the detaining
officer on s47
F May 2016 or the DRM on s47
F May 2016. It was identified by the
Status Resolution Operational Support Section after consideration of all s47F
records and legislative frameworks in place at different points since 1994. This failure is
serious but not systemic. Visa decision makers are now trained in the transitional
arrangements relating to the 01 September 1994 changes to the Act.
s47F
case has been included in future Notifications and Visa Compliance Essentials
training courses.

Current Status
s47F
is residing in the community on a s47F

The Department is preparing advice on how to progress s47F two ongoing entry
permit applications.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #1

Sensitive: Personal
- 23 -

Medium Risk Case 1 January 2016 – 30 June 2016

ATTACHMENT I

Process incorrect Administrative deficiency


s47F
Family Name
Given Name
Alias
Nationality
DOB
ICSE Client ID
Date of detention
Date of release
Number of days in detention

Summary

On s47
F May 2016, s47F was located by s47F Police during a routine traffic stop. s47F
was referred to the Immigration Status Service (ISS) for a visa status check. The ISS officer
held reasonable suspicion that s47F was an unlawful non-citizen. s47F was detained
under Section 189(1) of the Migration Act 1958 (the Act) and transferred to the s47F
Immigration Detention Centre (s47F

On s47
F June 2016, the Department’s Status Resolution Operational Support Section
confirmed that the s47F s47F
visa
application lodged by s47F s47
F June 2013 had not been effectively withdrawn.

As a result, s47F continued to hold a s47F and was released from detention on
s47
F June 2016.

Background
s47
F March 2013, s47F last arrived in Australia as the holder of a s47F
visa.
s47
F June 2013, s47F was included as a dependant applicant in a s47F
s47F
visa application lodged by s47F
. s47F was granted an associated s47F on the date of
lodgement.
s47
F February 2014, a written request for withdrawal was received from s47F .
The request to withdraw the application made no direct reference to s47F
dependant
application but it did state the relationship between s47F was no longer
ongoing.
s47F
, the s47F s47F

visa application of s47F was withdrawn.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #1

Sensitive: Personal
- 24 -
s47
F February 2014, s47F
case was transferred to the s47F office for finalisation
and guidance was sought by the delegate on how s47F application should be
finalised.
s47
F March 2014, s47F s47F

s47F
visa application was withdrawn by the delegate. This withdrawal of s47F
application by the Department was an error. It is not open to a primary applicant to withdraw
an application on an adult dependant applicant’s behalf, unless they are acting with the
express authority of the dependant applicant. The written request to withdraw the s47F
s47F
visa application was provided by
s47F
and the Department held no evidence that the dependant applicant ever submitted a
written (or other) request to withdraw s47F visa application in s47F own right.
s47
F May 2016, s47F was located by s47F Police during a routine traffic stop. s47F was
referred to the ISS for a visa status check. The ISS officer held reasonable suspicion that
s47F
was an unlawful non-citizen, s47
F was detained under section 189(1) of the Act and
transferred to the s47F Immigration Detention Centre (s47F
s47
F June 2016, a Detention Review Manager (DRM) review was conducted. The DRM
identified that s47F s47F

s47F
visa application had been withdrawn in error based on the written request of s47F .
Status Resolution Operational Support Section confirmed the error and that s47F had
an ongoing s47F visa
application. The advice also confirmed s47F was the holder of a s47F and needed to
be released from detention as soon as practicable.
s47F
was released from detention on s47
F June 2016.
s47
F June 2016, the Department issued s47F with a letter requesting further information
in connection with s47F s47F s47F

visa application.
s47
F June 2016, s47F lodged s47F visa application and
s47
F was granted associated s47F .
s47
F June 2016, s47F requested withdrawal of s47F s47F
s47F
visa application and s47F application was withdrawn on the
same day.

Actions

The issue of how to finalise s47F application was correctly raised by the delegate
who withdrew the s47F s47F
visa
application lodged by s47F . At this point, the opportunity was missed to obtain
advice and to finalise s47F application appropriately.

The decision of the departmental delegate to withdraw s47F s47F

s47F
visa application was an error. The
relevant visa processing areas responsible for the error have been advised.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #1

Sensitive: Personal
- 25 -

Departmental officers are trained in the lawful requirements that must be met to withdraw an
application. The requirements are included in the Level 1 and Level 2 courses of Good
Decision Making Learning Pathway – Migration. Completion of these two courses is
compulsory for all departmental staff making visa decisions.

The error made in this case will be highlighted in future training enhancements.

Current Status
s47F
is currently residing in the community while holding a s47F
s47F s47F
visa application remains ongoing.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #1

Sensitive: Personal
- 26 -

Medium Risk Case 1 January 2016 – 30 June 2016

ATTACHMENT J

Process incorrect Defective notification

s47F
Family Name
Given Name
Alias
Nationality
DOB
ICSE Client ID
Date of detention
Date of release
Number of days in detention

Summary

On s47
F June 2016, s47F was located by Australian Border Force (ABF) officers
in s47F
. s47F was interviewed by an ABF officer who held
reasonable suspicion that s47F was an unlawful non-citizen. s47F was then detained
under Section 189(1) of the Migration Act 1958 (the Act) and transferred to the s47F
Immigration Transit Accommodation (s47F

On s47
F June 2016, the Status Resolution Operational Support Section confirmed that
s47F
held a s47F granted in association with the application s47
F lodged on s47F
for a s47F
visa application.

As a result, s47F was released from detention on s47F .

Background
s47
F January 2010, s47F arrived in Australia as the holder of a s47F
visa.
s47
F June 2011, s47F applied for as47F visa and was granted
an associated s47F
s47
F February 2012, s47F was sent a natural justice letter by email inviting s47F to provide
further information relating to the application. s47F was asked to comment on
departmental evidence that s47F had submitted a fraudulent skills assessment with the
assistance of the firm s47F
. s47F
failed to respond to the letter.
s47
F April 2012, s47F s47F
visa application was refused and
s47
F was notified by email. s47F
failed to seek review and s47F associated s47F
ceased on s47F .

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #1

Sensitive: Personal
- 27 -
s47
F June 2016, s47F
was located by ABF officers in s47F and
detained under section 189(1) of the Act. On the same day, an ABF officer completed an
assessment of the notification of the decision to refuse s47F a s47F
visa. The officer noted in the assessment that s47F
application was
submitted by s47F . In relation to applications lodged by s47F ,
departmental staff are instructed to review applicants’ email addresses to confirm that these
are not tainted by error. This was not done.
s47
F June 2016, a Detention Review Manager (DRM) review was conducted. The DRM
considered there was a possible error in the refusal notification emailed to s47F on
s47
F April 2012 as the refusal notification was dispatched to an email address that was not
provided directly by the applicant.
s47
F June 2016, the Status Resolution Operational Support Section confirmed that notification
of the decision to refuse s47F a s47F visa was defective as it
had been dispatched to an email address not directly provided by s47F .
s47F
continued to hold a s47F and was released from detention on s47
F June 2016.

Actions

On s47
F June 2016, an error was made when the ABF officer assessed the validity of the
notification of the decision to refuse s47F a s47F visa. The
officer failed to consider the departmental position regarding applications submitted by the
firm, s47F .

Advice relating to s47F is integrated in to the Department’s ongoing training on


notification requirements. The Status Resolution Operational Support Section that
administers the Notifications training is aware of the error and will use it to inform future
iterations of Notifications training.

The error in this case is not a systemic one. The officer who completed the assessment has
been notified of the error and on s47
F July 2016 further information on the matter was
distributed to the officer’s manager.

Current Status
s47F
is currently in the community as the holder of associated s47F that is valid until
s47
F July 2016.
s47F
was re-notified of the decision to refuse s47F s47F
visa
application on s47
F June 2016.

On s47
F July 2016, s47
F made an application to the Administrative Appeals Tribunal (AAT)
seeking review of that decision.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #2


  
 






 
 



 
  
  


   
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FOI Document #2


 
 

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FOI Document #2

   


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FOI Document #2


 
 

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FOI Document #2

     

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FOI Document #3

Sensitive: Personal

Report on people detained and later released as lawful non-citizens

1. Introduction

This report to the Commonwealth Ombudsman documents the number of people detained
and later released as lawful non-citizens during the period 01 July 2016 to
31 December 2016. People included in the report were released from immigration detention
on the basis that reasonable suspicion could not be maintained, as required by section 189 of
the Migration Act 1958 (the Act), that they were unlawful non-citizens.

For this reporting period, there were a total of 3,679 people detained as suspected unlawful
non-citizens (excluding Illegal Maritime Arrivals). Out of 3,679 people detained, 14 people
are included in this report, which represents 0.38 of one per cent of the total people
detained.

The ‘current status’ of each case is current as at 06 January 2017.

2. How cases are identified

The cases included in this report are identified through a system report and data entered into
the Compliance Case Management Detention and Settlement (CCMDS) Portal.

There are nine release types that are used as descriptors to record the reasons for a person’s
release from immigration detention. This report includes cases where one of the five following
descriptors has been used to record the circumstances surrounding a person’s release from
detention. The use of one of these descriptors by departmental officers may signify a risk that
the detention of the person did not accord with the Act.

Identity confirmed Reasonable suspicion that the person was an unlawful non-
citizen was held, even though identity and/or immigration status
could not be confirmed at the time of detention.

Litigation consequence Person was released as a result of a court judgment.

Operation of law Person was released as a result of a determination that the


person is an absorbed person, or a determination that the
person acquired citizenship, or the person was granted a
Bridging visa E through operation of law under section 75 of the
Act.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #3

Sensitive: Personal
-2-

Process incorrect The Department of Immigration and Border Protection failed to


properly administer the person’s case, and/or failed to properly
notify a person of a negative visa decision, resulting in a person
showing incorrectly in departmental systems as unlawful.

Records incorrect The person was detained because of inaccurate or incorrect


information on departmental systems.

Cases where the following four release descriptors are used are not included in the report as
they do not signify a risk of unlawful detention:

• Change to detention power


• Departure from Australia
• Visa grant
• Other

3. Case risk assessments

In preparing this report, each case has been assessed to identify the likelihood that the
detention did not occur and/or was not maintained in accordance with the Act. The likelihood
is assessed as high, medium or low risk. The Department identifies and implements remedial
action at both a case specific and systemic level where required and particularly where the risk
of inappropriate detention is assessed as medium or high.

For the period 01 July 2016 to 31 December 2016, 14 cases have been identified where
people have been released from immigration detention on the basis that reasonable suspicion
could no longer be maintained that they were unlawful non-citizens (as required by section
189 of the Act). The 14 cases in this report have been assessed to be medium risk.

The last report covered the period 01 January 2016 to 01 July 2016, and included 10 cases
where people had been released from immigration detention as reasonable suspicion could
no longer be maintained that they were unlawful non-citizens. All 10 cases were considered
to be medium risk.

For the period 01 July 2016 to 31 December 2016, there were a total of 3,197 people
detained as suspected unlawful non-citizens (excluding Illegal Maritime Arrivals). The total
number of people detained, then later released as reasonable suspicion could no longer be
maintained that they were unlawful non-citizens, represents 0.38 of one per cent of the total
number of people detained.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #3

Sensitive: Personal
-3-

4. Specific Cases

Breakdown of cases for this reporting period follow.

Name Release Descriptor Attachment


Medium Risk
s47F
Process Incorrect
Attachment A
Defective Notification
Process Incorrect
Attachment B
Defective Notification
Process Incorrect
Attachment C
Administrative Deficiency
Process Incorrect
Attachment D
Defective Notification
Litigation Consequence
Attachment E
Federal Court
Process Incorrect
Attachment F
Administrative Deficiency
Process Incorrect
Attachment G
Administrative Deficiency
Process Incorrect
Attachment H
Administrative Deficiency
Process Incorrect
Attachment I
Defective Notification
Process Incorrect
Attachment J
Administrative Deficiency
Process Incorrect
Attachment K
Defective Notification
Process Incorrect
Attachment L
Administrative Deficiency
Process Incorrect
Attachment M
Administrative Deficiency
Process Incorrect
Attachment N
Administrative Deficiency

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #3

Sensitive: Personal
-4-

Medium Risk Case 01 July 2016 – 31 December 2016

ATTACHMENT A

Process Incorrect Defective Notification


s47F
Family Name
Given Name
Alias
Nationality
DOB
ICSE Client ID
Date of detention
Date of release
Number of days in detention

Summary

On s47
F November 2016, s47F was located at s47F residential address in s47F by
Australian Border Force (ABF) officers as part of a targeted field visit.
s47F
was detained under section 189(1) of the Migration Act 1958 (the Act) as the
detaining ABF officer held reasonable suspicion that s47
F was an unlawful non-citizen.
s47F
was subsequently transferred to s47F Immigration Detention Centre (IDC).

On s47
F November 2016, the Department’s Status Resolution Operational Support Section
confirmed that s47F was the holder of a s47F visa.
s47F
was released from immigration detention on s47
F November 2016.

Background
s47
F September 2008, s47F arrived in Australia as the holder of a s47F
visa granted as a s47F
.

May 2011, the sponsor for the s47F


s47
F visa advised the
Department in writing, via a migration agent, of a relationship breakdown.
s47
F October 2011, the s47F visa application, on which
s47F
was a s47F was refused. s47F

Usually the s47F visa held by an individual would cease in the


wake of their being notified that their application for a s47F has
been refused, with the timing of the cessation determined by the means of notification. If the
refusal notification was emailed to the individual or their authorised recipient, the s47F
visa would cease at the end of the day on which they received
the email. If the notification of the decision to refuse the s47F
visa was sent by mail, then the s47F visa would cease seven
days after the date of the refusal decision (which should be the date on the notification

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #3

Sensitive: Personal
-5-

letter). As per standard practice s47F was granted a s47F visa


on F October 2011, the date on which
s47 s47F
application for a s47F
visa was refused. The standard validity period for s47F visas granted in
these circumstances is s47F . Given the circumstances of s47F case, s47F
s47F
visa is currently out of effect.
s47
F November 2011, the notification to the s47F applicant was returned to the Department
unclaimed and the s47F applicant did not seek review of this decision at the
Migration Review Tribunal (MRT).
s47
F June 2012, s47F was granted a s47F visa. s47F
was granted a total of s47F visas between s47
F June 2012 and
s47
F September 2016.
s47
F July 2012, s47F lodged an application for a s47F visa as a
s47F
applicant. s47F
was granted an associated s47F
visa the same day.
s47
F October 2012, s47F application for a s47F visa was
refused.
s47
F November 2012, s47F lodged an application for review of the s47F
visa refusal with the then Refugee Review Tribunal (RRT).
s47
F June 2013, the RRT affirmed the primary decision.
s47
F June 2013, the RRT initiated a Ministerial Intervention request under section 417 of the
the Act.
s47
F June 2016, the section 417 Ministerial Intervention request initiated by the RRT on
s47
F June 2013 was finalised. s47F was referred to the Minister on a first stage
submission, however, the Minister declined to consider intervening under section 417 of the
Act.
s47
F September 2016, s47F was included on a repeat request for Ministerial
Intervention under section 417 of the Act. This request was finalised the following day,
s47
F September 2016, as ‘not referred’, as it was assessed as not satisfying the Minister’s
guidelines for referral under section 417 of the Act.
s47
F September 2016, the s47F visa granted to s47F on
s47
F September 2016 ceased.
s47
F September 2016, s47F appeared to be unlawful on departmental systems.
s47
F November 2016, s47F was detained under section 189(1) of the Act as an ABF
officer held reasonable suspicion that s47
F was an unlawful non-citizen, and transferred to
s47F
IDC.
s47
F November 2016, an Australian Border Force (ABF) officer assessed the validity of the
notification refusal of the s47F visa and concluded on the basis of
advice received from Status Resolution Operational Support Section in 2012 (then known as
the Compliance Helpdesk), that the notification of the s47F visa
was effective. The Compliance Field officer also completed a case law assessment for the
This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #3

Sensitive: Personal
-6-

RRT notification and found that the notification was effective.


s47
F November 2016, a Detention Review Manager (DRM) review was conducted and a
referral for further assessment of s47F status was made to the Status Resolution
Operational Support Section.
s47
F November 2016, Status Resolution Operational Support Section confirmed that the
decision to refuse the s47F visa was affected by jurisdictional error
because the decision-maker failed to have regard to relevant information in the form of a
s47F
statement and a statutory declaration by a supporting witness when making a
decision on the visa application.

As the s47F visa refusal was affected by a jurisdictional error, the


s47F
visa had not ceased and the s47F applicant and the
s47F
applicants continued to be holders of the s47F visa.
A fresh decision on the s47F visa is now required.
s47
F November 2016, s47F was released from detention.

Actions

The error is not a systemic one. The advice from the Status Resolution Operational Support
Section was made available to the original visa processing area and to relevant program
areas to ensure that all relevant information is considered prior to an application being
decided.

The records for the s47F applicant and s47F applicants have been updated on
departmental systems to reflect that each is currently the holder of a s47F
visa and that their s47F visa has not been
finalised.

Current Status
s47
F December 2016, the s47F Processing team in the s47F office wrote to
s47F
by registered post to advise s47F that the Department required s47F authorisation
to make a fresh decision on the s47F visa as the earlier decision
to refuse this visa on s4 October 2011 was affected by a jurisdictional error. This
correspondence asked 7 s47F
F
whether s47
F wished to have fresh decision made or
whether F would instead choose to withdraw the application for a s47F
s47

visa). The same request was sent to the s47F applicant and the s47F .
s47
F December 2016, s47F lodged an application for a s47F
visa and this application is ongoing. s47F was granted an associated s47F
visa the same day, which is currently out of effect.
s47
F January 2017, s47F currently resides in the community as the holder of a s47F
visa. s47F also holds two associated s47F
visas, one associated with s47F s47F
visa application, and one
associated with s47F s47F visa application.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #3

Sensitive: Personal
-7-

Medium Risk Case 01 July 2016 – 31 December 2016

ATTACHMENT B

Process Incorrect Defective Notification


s47F
Family Name
Given Name
Alias
Nationality
DOB
ICSE Client ID
Date of detention
Date of release
Number of days in detention

Summary

On s47
F November 2016, s47F was located by s47F Police during a random roadside
stop. s47F
was referred to the Department’s Immigration Status Service (ISS) for a visa status
check. s47F appeared to be unlawful according to the immigration history recorded on
departmental systems. Based on information from the Department, a s47F Police officer
held reasonable suspicion that s47F was an unlawful non-citizen. s47F was
detained under section 189(1) of the Migration Act 1958 (the Act) and transferred to
s47F
Immigration Detention Centre (IDC).

On s47
F November 2016, the Status Resolution Operational Support Section confirmed that
s47F
was the holder of a s47F visa granted in association with a
s47F
visa application lodged on s47
F July 2016.
s47F
was subsequently released from detention on s47
F November 2016.

Background
s47
F April 2016, s47F arrived in Australia as the holder of an s47F
visa.
s47
F July 2016, the s47F visa ceased.
s47
F July 2016, s47F lodged an application for a s47F visa
and was granted a s47F
visa in association with the application.
s47
F September 2016, s47F application for a s47F visa
was assessed as invalid because it did not satisfy section 46(2A) of the Act, as s47F did
not provide the required personal identifiers in relation to s47F application. s47F was sent
a letter, notifying s47F that s47F application was invalid, by registered post on the same day.
s47
F September 2016, the letter notifying s47F that s47F application for a s47F
visa was invalid was ‘returned to sender’ unclaimed.
s47
F October 2016, the s47F visa granted in association with the
s47F
visa application appeared to cease according to

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #3

Sensitive: Personal
-8-

departmental systems.
s47
F October 2016, s47F appeared as unlawful on departmental systems.
s47
F November 2016, s47F was located by s47F Police during a random roadside stop.
Based on information from the Department, a s47F Police officer held reasonable suspicion
that s47F was an unlawful non-citizen, and s47
F was detained under section 189(1) of the
Act. Subsequent to being detained under section 189(1) of the Act, s47F was re-notified
by ABF that s47F application for a s47F visa, lodged on
s47
F July 2016, was invalid.
s47
F November 2016, a Detention Review Manager (DRM) review was conducted and
identified a possible error as the letter notifying s47F that s47F application for a s47F
visa was invalid was ‘returned to sender’ and there was no
evidence of actual notification. A referral for further assessment was made to the Status
Resolution Operational Support Section.

November 2016, the Status Resolution Operational Support Section confirmed that there
s47
F
was a defective notification and therefore s47F was the holder of a s47F
visa granted in association with the s47F
visa
application, and should be released from immigration detention as soon as practicable.
s47F
was released from immigration detention on s47F November 2016. The same day
s47F
provided written acknowledgement that s47 F had been notified (by ABF on
s47
F November 2016) that s47F
application for a s47F
visa was
invalid.

Actions

The Department is improving existing procedures to ensure that clients are effectively
notified when the Department assesses that an application that they have lodged is invalid.
This is particularly important when s47F visas are granted in association with visa
applications and when a s47F visa only ceases upon confirmation that a client has been
correctly notified.

The Notifications Procedure Advice Manual (PAM) in LEGEND, the Department’s electronic
legal and policy database was updated in April 2015, October 2015 and November 2016.

The Status Resolution Operational Support Section liaises with the Legal Framework and
Training Section to highlight recurrent errors and the training needs identified will inform the
review currently being undertaken to update LEGEND. Pending the finalisation of the
review, interim updates to visa processing areas from the Status Resolution Operational
Support Section to ensure that correct notification procedures are improved. In addition, as
of 19 November 2016, the delinking of visas from notification related events will ensure that
s47F
visas granted in association with a substantive visa application process will cease
35 days after the relevant decision or withdrawal occurs.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #3

Sensitive: Personal
-9-

Current Status
s47F
was released from immigration detention as the holder of an associated
s47F
visa on s47
F November 2016. This visa ceased on
s47
F December 2016 as s47F
was notified on s47
F November 2016 that s47F application for a
s47F
visa was invalid. s47F has not lodged any further
visa applications.

On s47
F December 2016, s47F became unlawful. Departmental records indicate s47F
has not engaged with the Department since s47F release from immigration detention.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #3

Sensitive: Personal
- 10 -

Medium Risk Case 01 July 2016 – 31 December 2016

ATTACHMENT C

Process Incorrect Administrative deficiency


s47F
Family Name
Given Name
Alias
Nationality
DOB
ICSE Client ID
Date of detention
Date of release
Number of days in detention

Summary

On s47
F November 2016, s47F was located by the Australian Border Force (ABF) working
in breach of visa condition s47F and s47F s47F visa was
cancelled under section 116 of the Migration Act 1958 (the Act). The detaining ABF officer
held reasonable suspicion that s47F was an unlawful non-citizen and s47
F was detained
under section 189(1) of the Act and transferred to the s47F Immigration Transit
Accommodation (ITA).

On s47
F November 2016, the Status Resolution Operational Support Section identified that
condition s47F could not lawfully have been imposed on the s47F
visa granted to s47F
on s47
F October 2016 in association with s47F application for a
s47F
visa. As a consequence, the ground on which
s47F s47F
visa had been cancelled under section 116 of the Act
did not exist, and s47F visa was still in effect. s47F was released from immigration
detention on s47
F November 2016.

Background
s47
F February 2014, s47F arrived in Australia as the holder of an s47F
visa.
s47
F May 2014, s47F s47F
visa ceased.
s47
F January 2015, s47F lodged an application for a s47F
visa which was found to be invalid as s47
F did not pay the visa application charge.
s47
F January 2015, s47F lodged a valid s47F visa
application and on F January 2015, s47
s47
F was granted an associated s47F
visa.

July 2015, s47F


s47
F applied for s47F by lodging s47F with the
Department.
s47
F August 2015, s47F application for a s47F visa was
refused.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #3

Sensitive: Personal
- 11 -

August 2015, s47F


s47
F was granted a s47F visa with permission to
work.
s47
F September 2015, s47F lodged an application for review of the decision to refuse s47F
application for a s47F visa at the then Refugee Review
Tribunal (RRT).

September 2015, s47F


s47
F applied for s47F by lodging s47F with the
Department.
s47
F September 2015, s47F was advised by the Department that there were no conditions
imposed on s47F s47F visa granted on s47
F August 2015, as such
condition s47F was not imposed.
s47
F September 2016, the Refugee Review Tribunal (RRT) affirmed the decision to refuse
s47F s47F
visa application.
s47
F October 2016, s47F lodged an application for review at the Federal Court.
s47
F October 2016, s47F lodged s47F with the Department to obtain s47F
.

October 2016, a s47F


s47
F visa with condition s47F imposed
was granted in association with the application for judicial review.
s47
F November 2016, s47F was located by ABF officers working in breach of visa
condition s47F s47F s47F
visa was cancelled under
section 116 of the Act and F was detained under section 189(1) of the Act.
s47

s47
F November 2016, a Detention Review Manager (DRM) review was conducted, the review
identified that s47F s47F
lodged on s47
F September 2015 was still pending a
decision. A referral for further assessment was made to the Status Resolution Operational
Support Section which identified that the s47F visa granted to s47F
on F October 2016 was incorrectly granted with condition
s47 s47F

Condition s47F could not be lawfully imposed on s47F s47F

visa because a s47F


visa applicant seeking judicial review can only have condition
s47F
imposed on their associated s47F if the previous visa held by the person
also had condition s47F imposed on it. As s47F did not have condition s47F imposed on
the last visa held, it was not open to the delegate to impose this condition.

As s47F s47F
visa was cancelled under section 116 of the Act on
the grounds that s47
F had breached condition s47F
which could not lawfully be
imposed on s47F
visa, the cancellation decision was affected by a jurisdictional error as the
departmental officer made a mistake of fact which was critical to the decision.
s47
F November 2016, the DRM received advice from Status Resolution Operational Support
Section advising that s47F was the holder of a s47F visa with
permission to work and needed to be released from immigration detention as soon as
practicable.
s47
F November 2016, s47F was released from immigration detention.
This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #3

Sensitive: Personal
- 12 -

Actions

Onshore Protection has been made aware of s47F circumstances to ensure that
departmental decision makers who consider s47F visa applications receive appropriate
training to mitigate against any recurrence of the error.

The error identified is not a systemic one. Both ABF officers and Status Resolution officers
are also provided with regular training on s47F visas to ensure that departmental officers
have appropriate training prior to cancellation of s47F visas.

Current Status

On s47
F November 2016, five days after s47F release from detention, a decision was
made on the s47F which s47F lodged on s47
F September 2015. s47F was granted a
further s47F
visa with no conditions imposed.
s47F
is currently residing in the community awaiting the outcome of s47F application for
judicial review of the decision to refuse s47F application for a s47F
visa.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #3

Sensitive: Personal
- 13 -

Medium Risk Case 01 July 2016 – 31 December 2016

ATTACHMENT D

Process Incorrect Defective Notification


s47F
Family Name
Given Name
Alias
Nationality
DOB
ICSE Client ID
ICSE Client ID #2
Date of detention
Date of release
Number of days in detention

Summary

On s47
F November 2016, s47F was located by the Australian Border Force (ABF),
working in breach of s47F visa conditions. s47F was detained under section 189(1) of the
Migration Act 1958 (the Act) and transferred to s47F Immigration Detention Centre
(IDC).

On s47
F November 2016, the Status Resolution Operational Support Section confirmed that
the Department was not able to establish that s47F had received actual notification
(either in writing or orally) from the Department that s47F s47F
visa was determined to be invalid. As a consequence, s47F continued to hold the
s47F
visa granted in association with s47F s47F
visa lodged on s47F November 2015.
s47F
was subsequently released from immigration detention on s47
F November 2016.

Background
s47
F May 2008, s47F arrived in Australia as the holder of an s47F
visa valid to s47
F August 2008, using the identity of s47F , date
of birth s47F
.
s47
F August 2008, s47F became unlawful as s47F s47F
visa had ceased.
s47
F July 2009, s47F lodged an application (s47F first) for a s47F
visa.
s47
F July 2009, s47F was granted a s47F visa in association with s47F
s47F
visa application.

September 2009, s47F


s47
F application for a s47F visa
was refused.
s47
F October 2009, s47F lodged an application for review of the Department’s decision to

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #3

Sensitive: Personal
- 14 -

refuse s47F s47F visa application with the then


Refugee Review Tribunal (RRT).
s47
F December 2009, the RRT affirmed the Department’s decision to refuse s47F
s47F
visa application.
s47
F January 2010, the s47F visa granted in association with s47F first
s47F
visa application ceased.
s47
F January 2010, s47F became unlawful.
s47
F February 2010, s47F lodged a Ministerial Intervention request under section 417 of
the Act.
s47
F April 2010, the section 417 Ministerial Intervention request was finalised. s47F was
assessed as not meeting the guidelines for referral. As this was an initial request for
Ministerial Intervention under section 417 of the Act, s47F case was referred to the
Minister on a schedule, and the Minister declined to consider s47F case.
s47
F April 2011, s47F departed Australia as an unlawful non-citizen. s47F was
subject to an exclusion period preventing s47F re-entry to Australia for a period of three years.
s47
F July 2012, s47F arrived in Australia using the identity of s47F , date of
birth of s47F , as the holder of an s47F visa,
valid until s47F .
s47
F October 2012,s47F lodged a s47F visa application and was
granted a s47F visa in association with the application.
s47
F December 2012, a request for withdrawal of s47F s47F
visa
application was received via s47F
authorised agent. The Department actioned the request to
withdraw the s47F visa application the same day.
s47
F January 2013, s47F was notified through s47F authorised agent that the Department
had withdrawn s47F
application.
s47
F January 2013, s47F s47F
visa, granted in association with the
s47F
visa application, ceased.
s47
F January 2013, s47F became unlawful.
s47
F November 2015, s47F lodged a second s47F visa
application.
s47
F November 2015, s47F was granted a s47F visa in association
with s47F s47F visa application
s47
F April 2016, an acknowledgement of lodgement of s47F s47F
visa application was sent to s47F by registered post.
s47
F May 2016, s47F s47F
visa application was
assessed as invalid as F had not provided personal identifiers (as stipulated by section
s47

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #3

Sensitive: Personal
- 15 -

46(2A) of the Act). s47F


was notified of the decision via email.
s47
F June 2016, the letter of acknowledgement of lodgement of s47F s47F

visa application was returned to the Department.


s47
F June 2016, s47F s47F
visa granted in association with s47F
s47F
visa application appeared to cease according to
departmental systems.
s47
F June 2016, s47F lodged a s47F visa
application.
s47
F June 2016, s47F was granted a s47F visa in association with
s47F s47F
visa application.
s47
F November 2016, s47F was located by the ABF, working in breach of the conditions
imposed on s47F s47F visa.
s47
F November 2016, s47F s47F
visa associated with s47F s47F
s47F
application was cancelled under section 116 of
the Act. s47F , who was now reasonably suspected to be an unlawful non-citizen, was
detained under section 189(1) of the Act and transferred to s47F IDC.
s47
F November 2016, a Detention Review Manager (DRM) review was conducted and
identified possible errors in the notification dated s47
F May 2016, informing s47F that s47F
s47F
visa application was invalid.
s47F
had provided consent for the Department to communicate with s47F electronically.
However, it appeared that the email address was entered incorrectly into departmental
systems. The incorrectly entered email address was used when the decision maker sent a
letter through the Department’s Enterprise Correspondence System (ECS). As there was no
evidence on file of failure of transmission of the email no further checks were conducted by
the business area.

The DRM made a referral for further assessment of s47F status to the
Status Resolution Operational Support Section on s47
F November 2016.
s47
F November 2016, the Status Resolution Operational Support Section advised that the
Department was unable to establish that s47F was actually notified (in writing or orally)
by the Department that s47F s47F visa
application (lodged on s47
F November 2015) was determined to be invalid.

As a consequence s47F continued to be the holder of the s47F


visa granted in association with s47F s47F application lodged
on s47
F November 2015, as no other event in Regulation 050.511(b) had occurred to trigger
the cessation of the associated s47F visa. s47F therefore needed
to be released from immigration detention as soon as practicable.
s47
F November 2016, s47F was released from immigration detention.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #3

Sensitive: Personal
- 16 -

Actions
s47F
was detained during an ABF operation targeted at locating over stayers whose
visas had ceased, and who were working whilst unlawful.

The s47F visa processing area has confirmed that their quality assurance
processes include checks for accuracy in email addresses. In addition, their administrative
officers who process and record data when claims are lodged have been counselled on the
significant consequences of recording errors and notification defects.

Current Status

On s47
F November 2016, after s47F release from immigration detention, s47F s47F

visa was cancelled under section 116 of the Act for breach of condition s47F
and s47F was re-detained at s47F IDC.

On s47
F November 2016, s47F withdrew s47F s47F
visa application lodged on s47F 2016 and requested removal from Australia.
s47F
departed Australia on s47
F November 2016.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #3

Sensitive: Personal
- 17 -

Medium Risk Case 01 July 2016 – 31 December 2016

ATTACHMENT E

Litigation Consequence Federal Court


s47F
Family Name
Given Name
Alias
Nationality
DOB
ICSE Client ID
Date of detention
Date of release
Number of days in detention

Summary

On s47
F June 2016, s47F returned to Australia as the holder of a s47F
visa granted offshore on s47
F April 2014. s47F had first arrived
Australia on F June 2014, as the holder of the s47F
s47
visa.
s47F
was questioned by an Australian Border Force (ABF) officer at s47F
airport. The officer conducted a preliminary interview and identified that there were possible
grounds for cancellation of the visa. s47F was issued with a Notice of Intention to
Consider Cancellation (NOICC) of s47F s47F visa. s47F s47F

visa was subsequently cancelled under section 116 of the Migration Act 1958
(the Act) for failure to comply with s47F as s47F was s47F
.

On s47
F June 2016, s47F was taken into immigration detention at s47F
Immigration Detention Centre (IDC) pending s47F removal from Australia.
s47F
applied to the Federal Circuit Court for judicial review of the delegate’s
cancellation decision and also sought an injunction to prevent s47F removal from Australia.
s47F
claimed that the delegate’s decision was affected by apprehended bias as s47F
was denied the opportunity to respond meaningfully to the NOICC.

The Federal Circuit Court refused to grant the injunction, but did not decide the substantive
judicial review application which challenged the cancellation of s47F
s47F
visa.
s47F
appealed the injunction decision to the Federal Court. The matter was heard on
s47
F July 2016, and on s47
F July 2016, the Federal Court judge, reserved judgement on the
case.

On s47
F July 2016, s47F was released from detention. The Department reviewed the
transcript of the delegate’s interview and listened to the audio recording and came to the
view that s47F had not been afforded a fair opportunity to respond to the NOICC.
The Department entered into consent orders with s47F and conceded the Federal
Circuit Court and Federal Court proceedings. The Court made orders setting aside the
delegate’s decision on the basis that it was affected by jurisdictional error, which had the
effect that s47F s47F
visa was taken not to be cancelled.
This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #3

Sensitive: Personal
- 19 -

is not expected to be a precedent or have a wider general impact. Any future risk can be
mitigated through appropriate interview training for ABF airport officers.

ABF Duty Managers at s47F Airport have identified this as a learning opportunity and
continue to coach officers to carry out interviews in a reasonable, just and objective manner,
providing passengers with a fair opportunity to respond to a NOICC.

Current Status
s47F
continues to reside in the community as the holder of a s47F
visa.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #3

Sensitive: Personal
- 20 -

Medium Risk Case 01 July 2016 – 31 December 2016

ATTACHMENT F

Process Incorrect Administrative deficiency


s47F
Family Name
Given Name
Alias
Nationality
DOB
ICSE Client ID
Date of detention
Date of release
Number of days in detention

Summary

On s47
F October 2016, s47F was located by s47F police, and was referred to the
Department’s Immigration Status Service (ISS) for a visa status check. s47F appeared
to be unlawful according to the immigration history recorded on departmental systems.
Based on information from the Department a s47F Police officer held reasonable suspicion
that s47F was an unlawful non-citizen. s47F was detained under section 189(1) of
the Migration Act 1958 (the Act) and transferred to s47F Immigration Detention Centre
(IDC).

On s47
F November 2016, the Department’s Status Resolution Operational Support Section
confirmed that s47F was the holder of a s47F visa which would cease
naturally on F March 2018.
s47

As a result, s47F was released from immigration detention on s47


F November 2016.

Background
s47
F March 2013, s47F arrived in Australia as the holder of a s47F visa,
with a lawful until date of s47F
2018.
s47
F January 2014, s47F s47F
visa was cancelled under section 116
of the Act by the Department’s s47F Integrity Unit as s47
F was s47F
.
s47
F October 2016, s47F was located by s47F Police and referred to ISS for a visa status
check. Based on information from the Department, a s47F Police officer held reasonable
suspicion that s47F was an unlawful non-citizen, and s47
F was detained under section
189(1) of the Act.
s47
F October 2016, a Detention Review Manager (DRM) review was commenced. Preliminary
checks with the Department’s Mail Centre confirmed that both the Notice of Intention to
Consider Cancellation (NOICC) and the Notice of Cancellation (NOC) had been dispatched
by registered mail within three working days of the date of each letter.
s47
F October 2016, the DRM contacted the Status Resolution Operational Support Section to

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
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seek clarification as to whether the NOICC and the NOC had been sent to the address last
known to the Minister as per Regulation 2.55 of the Migration Regulations 1994.
s47F
correspondence relating to the cancellation had been sent to the last known
address provided by the s47F provider, and was returned unclaimed to the Department.
There was no evidence that attempts had been made to contact s47F via the email
address and phone number provided to the Department to seek confirmation of s47F mailing
address, following the return of the NOICC. The NOC was subsequently sent to the same
address as the NOICC, notwithstanding that the mail appeared to be undeliverable to that
address.

Additionally, while s47F did not appear to satisfy the conditions of the grant of s47F
s47F
visa because s47 F was not s47F , this
information was not explicitly stated in the NOICC. However, it was included in the NOC
sent to s47F .
s47
F November 2016, Status Resolution Operational Support Section confirmed that the
cancellation of s47F s47F
visa under section 116 of the Act was
affected by jurisdictional error as the NOICC did not comply with section 119(1)(a) of the Act
as the particulars of the information upon which the cancellation grounds appeared to exist
were not provided in the notice. As the cancellation was not effective, s47F continued
to hold the s47F visa granted to s47F on s47F 2013.
s47
F November 2016, s47F was released from immigration detention.

Actions

Status Resolution Operational Support Section’s confirmation that the cancellation of


s47F s47F
visa under section 116 of the Act was affected by
jurisdictional error was provided to the General Cancellations network and the General
Cancellations Support Section, who are responsible for policy guidance on general
cancellation powers within the Act. General Cancellations Support Section will work with
relevant stakeholders to mitigate against the recurrence of such errors in future cancellation
decisions.

Current Status

After s47F release from detention on s4 November 2016, s47F s47F

visa was considered for cancellation 7 under section 116 of the Act. s47F
F
had provided
the Department with s47F
updated address details including s47F email address and s47F mobile
phone number using the prescribed form 929, prior to s47F release from detention.

November 2016, s47F


s47
F
s47F
visa was cancelled under section
116 of the Act as s47F had not complied with s47F because s47
F had not
been enrolled in s47F since F July 2013.
s47

s47F
did not seek review of the Department’s decision at the Administrative Appeals
Tribunal (AAT).
s47F
is residing in the community as an unlawful non-citizen and has not maintained
contact with the Department subsequent to the cancellation of s47F visa.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
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Medium Risk Case 01 July 2016 – 31 December 2016

ATTACHMENT G

Process Incorrect Administrative deficiency


s47F
Family Name
Given Name
Alias
Nationality
DOB
ICSE Client ID
Date of detention
Date of release
Number of days in detention not unlawful

Summary

On s47
F August 2016, s47F presented to the s47F State office after being asked by an
Australian Border Force (ABF) officer via telephone call to report to the Department.

An initial check of Departmental systems indicated s47F was not the holder of a visa, as
s47F
last s47F visa was cancelled under section 501F(3) of the
Migration Act 1958 (the Act) on s47
F July 2016. Subsequently s47F was detained by an ABF
Officer under section 189(1) of the Act.

On s47
F September 2016, the decision to refuse s47F application for a s47F
visa was ‘set-aside’ by the Administrative Appeals Tribunal (AAT).
The AAT remitted the application for reconsideration with a direction that s47F satisfied the
character test in section 501 of the Act, at the time of refusal of the s47F
visa. s47F held a s47F visa and as a result of the AAT
decision, the s47F
visa had come back into effect.
s47F
continued to hold a valid s47F visa from s47
F September 2016
until October 2016 whilst remaining in immigration detention in s47F
s47
F
Immigration Detention Centre (s47F Arrangements for s47F immediate release from
immigration detention should have ensued following notification of the section 42C decision
received by the Department on s47
F September 2016. However, due to inadvertence, s47F
was not released from detention until s47
F October 2016.

On s47
F October 2016, an email was received by s47F Case Management advising of the
AAT decision and outcome. The email also stated s47F must be released from
immigration detention immediately.

On s47
F October 2016, s47F was released from immigration detention as the holder of a
s47F
visa.

Background
s47
F February 2015, s47F arrived in Australia as the holder of a s47F
visa granted offshore on s47
F August 2014.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
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May 2015, s47F


s47
F lodged a s47F visa application and
was granted an associated s47F visa.
s47F
2016, s47F s47F
visa application was refused
under the Character provision at section 501(1). Subsequently all visas in effect were
cancelled under section 501F(3) of the Act, including the s47F visa
granted in association with the s47F visa application.
s47F
2016, s47F sought merits review of the refusal decision by lodging an application
with the Administrative Appeals Tribunal (AAT).
s47F
2016, the Department’s Character and Integrity Policy Section instructed that
the Department withdraw from the case.

The Department’s Litigation Case Officer instructed the parcel firm of the Department’s
decision and instructed the firm to negotiate a section 42C (of the AAT Act) agreement to set
aside the delegate’s decision and remittal of the application for re-determination by the
Department.
s47F
2016, the AAT set-aside the delegate’s decision and remitted the application
for reconsideration with a direction that s47F satisfied the character test in section 501 of
the Act.

At the time of refusal of the s47F visa, s47F held a


s47F
visa and as a result of the AAT decision, the s47F
visa had come back into effect.
s47F
remained in immigration detention from s47
F September 2016 until s47
F October 2016
whilst holding a valid s47F
visa.
s47F
2016, the AAT notified the Department’s parcel firm solicitor of its
section 42C determination made on s47
F September 2016.

At s47F the parcel firm solicitor notified the Department’s Litigation Case Officer by email
of the AAT outcome. The Department’s Litigation Case Officer responded to the parcel firm
solicitor at s47F the same day, in acknowledgement.
s47F
2016, at s47F the Department’s Litigation Case Officer emailed the
Department client areas advising them of the Department’s withdrawal from the case and
attached a copy of the AAT section 42C determination document.
s47F
2016, at s47F s47F
solicitor emailed the parcel firm solicitor asking
that s47F
be released from immigration detention in light of the AAT’s section 42C
determination, dated s47
F September 2016, which set aside the delegate’s refusal decision.
At s47F on the same day, the parcel firm solicitor emailed the Department’s Litigation
Case Officer and the Department’s Litigation administration inbox, passing on s47F
solicitor’s email. The parcel firm solicitor sought instructions to respond to s47F lawyer
as follows:

"Dear s47F

Thank you for your correspondence.

In light of the fact that the decision to refuse s47F application for a s47F visa
This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
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- 24 -

has been set aside by the Tribunal and remitted back to the Department for reconsideration,
the issue of s47F detention is now a matter for the Department.

Any issues you have in relation to s47F detention should be directed to the Department
directly, however, we note that we have forwarded your below email to the Department. “

There is no record of a response to this email.


s47F
2016, an email was received by s47F Case Management advising of the AAT
decision and outcome. The email also stated s47F must be released from detention
immediately.
s47F
, s47F was released from immigration detention as the holder of a
s47F
visa.

Issues

It appears that a combination of factors led to the delay in s47F release from immigration
detention, as set out below:

(i) The type of AAT outcome – The DIBP Litigation Case Officer had only worked
in the AAT and Removals Injunction Section for a relatively short time. While s22(1 )(a)(ii)
had managed section 501 character matters in the AAT and courts prior to
s47F
case and had applied the usual practice and procedure in terms of
notifying detention and other stakeholders in the past, s22(1
)(a)(ii) inadvertently did not
do so on this occasion.

This may have been due to the manner in which s47F case was resolved in
the AAT. The majority of section 501 cases in the AAT are resolved by way of
final decision following a contested hearing. However, in s47F case, the
Department decided to withdraw from defending the case. The case was finally
resolved by the AAT making a decision under section 42C of the AAT Act
whereby the parties agreed to the decision being set aside and remitted back to
the Department for reconsideration of s47F s47F

visa application. As this is a very rare occurrence in the section


501 caseload, it appears the Litigation Case Officer was not cognisant of the fact
that a section 42C determination had the same effect as that of a loss, that is,
that setting aside of the section 501 refusal decision meant that s47F
associated s47F visa came back into effect, which required
s47F
immediate release from immigration detention.

(ii) Parcel Firm – The parcel firm solicitor who had carriage of the case on behalf of
the Department, received an email from s47F solicitor at s47F on
s47F
2016, which sought s47F
immediate release from
immigration detention. However, the parcel firm solicitor did not notify the DIBP
Litigation Case Officer of this communication until s47F same day. Had the
Department been made aware of s47F lawyer’s communication earlier in the
day, s47F would most likely have been released from immigration detention the
same day.
s47F
(iii) 2016 was a
public holiday in the ACT. The email received from the parcel firm solicitor on the
evening of s47F 2016, remained un-actioned on the s47F As
evident from the above chronology, the email was actioned the following morning
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(s47F 2016) upon the Litigation Case Officer and Litigation Admin
staff returning to work.

The decision to detain s47F was a reasonable one. Based on preliminary checks of
Department systems, s47F was not the holder of a visa.

The AAT decision to set aside the s47F visa, remitting


the application for reconsideration with a direction that s47F satisfies the character test in
section 501 of the Act, was not recorded in departmental systems in a timely manner along
with communicating this outcome to the required areas to ensure appropriate release of
s47F
from immigration detention.

As soon as the relevant areas were notified of this outcome on s47F 2016, s47F was
released from section 189(1) immigration detention in a timely manner.

Actions

On s47F 2016 at s47F s47F


was released from immigration detention as the
holder of a s47F
visa.

To mitigate against a similar occurrence in the future, the following measures have been
implemented by the AAT and Removals Injunction Section:

(i) The Detention Review Managers’ (DRM) mailbox s47E(d) @border.gov.au)


has been included in the distribution list for notification emails regarding AAT and
judicial review outcomes. This complements the DRM’s existing procedures for
mitigating against the risk of individuals being held in immigration detention while
holding a visa.
(ii) Enhance training of new Litigation Officers who join the AAT and Removals
Injunction Section – to ensure that new Litigation Case Officers are aware that a
departmental withdrawal from a section 501 character case pursuant to section
42C of the AAT Act (or other Tribunal or court process), can have the effect of
reinstating a visa. In these circumstances, stakeholders need to be notified in
order to arrange a person’s immediate release from immigration detention and
reinstatement of the visa in departmental systems.
(iii) Advising the Department’s parcel firms that in the future, where they receive
requests from applicant’s lawyers for the release of their clients from immigration
detention, that the AAT and Removals Injunction Section is immediately notified
not only by email, but also by telephone (including out of hours contacts), to
ensure the matter is immediately investigated and actioned. The AAT and
Removals Injunction Section has raised this in particular, with a Partner in the
parcel firm that was instructed in s47F case. The s47F gave s47F assurance
that appropriate measures will be implemented in the future.

Current Status

On s47F 2016 at s47F s47F


was released from immigration detention as the
holder of a s47F
visa and continues to remain lawfully within the
community while s47F s47F visa application is being
processed.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #3

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Medium Risk Case 01 July 2016 – 31 December 2016

ATTACHMENT H

Process Incorrect Administrative deficiency


s47F
Family Name
Given Name
Alias
Nationality
DOB
ICSE Client ID
Date of detention
Date of release
Number of days in detention

Summary

On s47
F July 2016, s47F was located during the execution of a search warrant by the
Australian Border Force (ABF) at s47F place of work. As s47F was unlawful at the time of
s47F
location s47
F was detained under section 189 of the Migration Act 1958 (the Act) and
transferred to the s47F Immigration Transit Accommodation (ITA).

On s47
F July 2016, s47F lodged an application for a s47F
visa whilst in immigration detention and was incorrectly granted a s47F
visa, although the application for the s47F visa was invalid.

On s47
F August 2016, a Case Manager at the s47F ITA identified that s47F was the
holder of a s47F
visa and reported this to the Detention Review Manager
(DRM) and to ABF officers.

On s47
F August 2016, s47F was released from immigration detention.

Background
s47
F August 2009, s47F arrived in Australia as the holder of a s47F visa
which was valid to F August 2011.
s47

s47
F August 2011, s47F became unlawful following the cessation of s47F
s47F
visa on s47
F August 2011. s47F did not contact the Department
subsequent to the cessation of s47F
visa.
s47
F July 2016, s47F was located during the execution of a search warrant by the ABF at
place of work. As s47F
s47F
was unlawful at the time of s47F location s47
F was detained
under section 189 of the Act and transferred to the s47F ITA.
s47
F July 2016, s47F lodged an application for a s47F
visa via a migration agent.
s47
F July 2016, a visa processing officer incorrectly granted a s47F visa
to s47F
. However, the application was not a valid application for a s47F
visa due to the operation of s47F of Schedule 1 of the Migration
This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
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Regulations 1994, which stipulates that the applicant must not s47F at
the time of lodgement of the application.

August 2016, a s47F Case Manager identified that s47F


s47
F was the holder of a s47F
visa and reported this to the DRM and the ABF officers and arrangements
were put in place to release s47F from immigration detention.
s47
F August 2016, s47F was released from immigration detention.

Actions

As s47F was granted a visa incorrectly, the responsible processing area has
subsequently implemented the following processes to mitigate against the risk of a person
being incorrectly granted a visa whilst they are s47F :

a. All newly lodged applications for a s47F visa are


triaged by a senior officer.
b. A checklist has been developed and the first question on the checklist directs the
triage officer to confirm whether or not the client is in s47F .
c. If an applicant is identified as being s47F , a specific officer is assigned with the
task of determining the validity requirements for the s47F . This
officer must also notify the network that an applicant s47F has lodged an
application for a s47F visa and is responsible for
establishing contact with relevant officers in the ABF for consideration of a
s47F
visa as required.
d A s47F visa matrix has also been developed to guide visa processing officers
when making s47F visa decisions. All visa processing officers are required to use
the s47F visa matrix for each s47F visa decision.
e The responsible processing area were provided with specific instructions to enable
them to correctly interrogate departmental systems to establish whether an applicant
is s47F .

Since August 2016 the DRMs have commenced a daily quality assurance process, which
includes checking of departmental systems, and the Administrative Appeals Tribunals daily
finalisations spreadsheet. This process was implemented to identify any cases in which a
person is recorded as being both in immigration detention and the holder of a visa. The
DRMs also conduct this process on weekends and public holidays to ensure that cases
where a client is recorded on departmental systems as ‘lawful’ and ‘in detention’ are
identified within 24 hours of a visa grant being recorded on departmental systems.

Current Status
s47
F August 2016, s47F was released from immigration detention at s47F ABF
officers then issued s47F
with a Notice of Intention to Consider Cancellation (NOICC) of s47F
s47F
visa under section 116 of the Act as it had been granted in
contravention of the Act.
s47
F August 2016, s47F s47F
visa was cancelled under section 116
of the Act at s47F s47F
was issued a Notice of Cancellation (NOC) and again detained
under section 189 of the Act.
s47
F August 2016, s47F was released from detention upon grant of a s47F
visa in association with s47F application for a s47F
visa, subject to the payment of a security bond.
This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
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September 2016, s47F


s47
F application for a s47F visa
was refused by the Department.
s47
F September 2016, s47F lodged an application for review of the decision to refuse s47F
s47F
visa application with the Administrative Appeals
Tribunal (AAT).
s47F
is currently residing in the community on a s47F visa and is
awaiting the outcome of the application review with the AAT.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #3

Sensitive: Personal
- 29 -

Medium Risk Case 01 July 2016 – 31 December 2016

ATTACHMENT I

Process Incorrect Defective Notification


s47F
Family Name
Given Name
Alias
Nationality
DOB
ICSE Client ID
Date of detention
Date of release
Number of days in detention

Summary

On s47
F July 2016, s47F was detained under section 189 of the Migration Act 1958 (the
Act) by an Australian Border Force (ABF) officer on s47F release from the s47F
, a facility of Corrective Services s47F located at
s47F

The detaining ABF officer held reasonable suspicion s47F was an unlawful non-citizen,
based on information on departmental systems. s47F was subsequently transferred to
s47F
Immigration Detention Centre (IDC).

On s47
F July 2016, the Department’s Status Resolution Operational Support Section
confirmed that s47F was the holder of a s47F visa granted in
association with a s47F
visa application lodged on s47
F September 2010.

Background
s47
F June 2008, s47F arrived in Australia as the holder of a s47F visa
which remained in effect until s47
F September 2010.
s47
F September 2010, s47F lodged a valid application for a s47F visa
and was granted a s47F
visa in association with the application.
s47F
also appointed a migration agent to act as s47F authorised recipient for the purpose
of s47F s47F
application.
s47
F September 2010, s47F s47F
visa ceased and s47F s47F
visa came into effect.
s47
F March 2011, s47F application for a s47F visa was refused by the
delegate.

As s47F had appointed an authorised recipient, notification of the decision to refuse


s47F s47F
visa should have been sent to the authorised recipient in
accordance with section s47F of the Act. There is no record in Department systems that
the refusal notification of the s47F visa was dispatched to the migration
agent as required by section s47F of the Act.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
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There is some evidence to suggest that correspondence was dispatched directly to


s47F
. However, there is insufficient evidence to infer that the correspondence sent was
the refusal notification.
s47
F April 2011, s47F s47F
visa appeared to cease according to
departmental systems and s47
F remained in Australia as an apparent unlawful non-citizen.
Departmental records indicate s47F did not engage with the Department from this time
onwards.
s47
F September 2013, s47F was arrested and charged with s47F

.
s47
F September 2013, s47F was held in remand at the s47F at s47F
s47
F October 2013, the ABF in s47F commenced monitoring s47F , which continued for
the duration of s47F remand until s47F release from correctional custody into immigration
detention.
s47
F October 2013, an ABF officer completed the first review of the notification of the decision
to refuse s47F a s47F visa on s4 March 2011. The ABF officer failed to
identify that the notification of the s47F 7
F
visa was not dispatched to the
migration agent as required by section s47F of the Act.

June 2015, the s47F Office of the Director of Public Prosecutions contacted the
s47
F
Department and indicated that s47F could apply for bail on s47
F June 2015.
s47
F June 2015, s47F was refused bail.
s47
F June 2015, an ABF officer assessed the validity of the notification of the s47F
visa refusal of s47
F March 2011 and identified a possible error. The officer
reviewed s47F
file and contacted the Converga Mail Centre and s47 F was unable to
establish whether the notification of the decision to refuse s47F a s47F
visa application had been dispatched to s47F authorised recipient. The ABF officer
escalated the matter to a second ABF officer, their supervisor.
s47
F July 2015, the second ABF officer completed their assessment of the notification of the
decision to refuse s47F application for a s47F . The second ABF
officer’s assessment referenced discussing the potential error with an unnamed Detention
Review Manager (DRM) and that verbal advice had been provided indicating s47F was
an unlawful non-citizen.

The ABF supervisor’s assessment asserted that the DRM considered there was sufficient
evidence to infer the refusal notification the s47F visa application was sent
directly to s47F , that s47
F obtained it and that was sufficient to cure any error in failing to
send the refusal notification to s47F migration agent.
s47
F July 2016, s47F was granted bail, released from the s47F
and ordered to re-appear in Court on s47
F July 2016.
s47
F July 2016, s47F was detained under section 189 of the Act by an ABF officer who
held reasonable suspicion that s47
F was an unlawful non-citizen, based on information on
departmental systems.
This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
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s47
F July 2016, a third ABF Officer, who also detained s47F under section 189 of the Act,
completed a review of the notification of the decision to refuse s47F application for a
s47F
visa.

The third ABF officer’s review perpetuated the findings of earlier reviews, referencing verbal
advice obtained and conclusions drawn by the ABF officer who completed the second
review.
s47
F July 2016, a Detention Review Manager (DRM) Review was commenced. The Converga
Mail Centre provided the same advice initially provided at the time of the second review on
s47
F June 2015. The Mail Centre could not confirm that notification of the decision to refuse
s47F
a s47F visa application was dispatched to s47F authorised
recipient. The DRM identified a possible error and a referral for a further assessment of
s47F
status was sent to the Status Resolution Operational Support Section.
s47
F July 2016, the Status Resolution Operational Support Section advised that
s47F s47F
visa refusal notification was not dispatched to the
migration agent as required by sec s47F of the Act. The advice confirmed s47F had
not been effectively notified of this decision, and that s47
F continued to hold a s47F

visa and needed to be released from immigration detention as soon as


practicable.
s47
F July 2016, s47F was released from detention. ABF officers issued s47F with a
Notice of intention to consider cancellation (NOICC) of s47F s47F visa
under section 116 of the Act. After s47
F was given an opportunity to respond to the NOICC,
s47F s47F
visa was cancelled under section 116 of the Act, and
s47
F was again detained under Section 189(1) of the Act and placed in the s47F IDC
s47
F July 2016, s47F was re-notified of the decision to refuse s47F s47F
visa application. s47F was provided the notice by hand in the s47F IDC.

Actions

ABF Officers are trained in the lawful requirements to notify a person of the decision to
refuse them a visa. The training is both initial and ongoing in nature. Status Resolution
Operational Support Section schedules training at regular intervals including refresher
training and the DRM has raised the issues from this case for inclusion in future training
iterations.

Current Status
s47
F July 2016, s47F was released from immigration detention. At s47F on
s47
F July 2016 ABF officers issued s47F with a Notice of intention to consider cancellation
(NOICC) of s47F s47F visa under section 116 of the Act as s47
F was
considered a risk to the Australian community. At s47F after s47
F was given an opportunity to
respond to the NOICC, s47F s47F
visa was cancelled under
section 116 of the Act, and F was again detained under Section 189(1) of the Act and
s47

placed in the s47F IDC.


s47F
remained in immigration detention until s47
F November 2016 when s47
F was
transferred into the custody of corrective services. s47F
remains unlawful.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #3

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Medium Risk Case 01 July 2016 – 31 December 2016

ATTACHMENT J

Process Incorrect Administrative deficiency


s47F
Family Name
Given Name
Alias
Nationality
DOB
ICSE Client ID
Date of detention
Date of release
Number of days in detention

Summary

On s47
F October 2016, s47F was detained by Status Resolution officers at the s47F
state office of the Department, after s47
F presented to the counter voluntarily following the
cancellation of s47F s47F visa on s47
F September 2016. The detaining
officer held reasonable suspicion that s47F
was an unlawful non-citizen, based on
information on departmental systems, and s47 F was detained under section 189(1) of the
Migration Act 1958 (the Act) and transferred to the s47F Immigration Detention Centre
(IDC).

On s47
F October 2016, the Department’s Status Resolution Operational Support Section
confirmed that s47F held a s47F visa.
s47F
was released from immigration detention on s4 October 2016.
7
F
Background
s47
F September 2008, s47F arrived in Australia as the holder of a
s47F
visa, which remained in effect until s47
F March 2011.
s47
F April 2011, s47F was granted a s47F visa which ceased on
s47
F March 2012.
s47
F June 2013, s47F was included as a s47F applicant on a s47F
visa lodged by s47F (DoB
s47F
). s47F was granted a s47F visa in association with this
application on s47
F July 2013.
s47
F January 2014, a written request for withdrawal was received from s47F . The
request to withdraw the application made no direct reference to the dependent applicant,
s47F
, nor to s47F application for a s47F
visa.
s47
F January 2014, the Department actioned the withdrawal of both s47F and
s47F
application for the s47F visa. A
s47F
applicant is not able to withdraw an application on behalf of an s47F
applicant, unless they are acting with the express authority of the s47F applicant. The
This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #3

Sensitive: Personal
- 33 -

processing officer erred in withdrawing s47F application based on the request of


s47F
.
s47
F January 2014, s47F s47F
visa granted in association with the
application for the s47F visa ceased.
s47
F September 2015, s47F was included as a s47F applicant on s47F
application for a s47F visa. Both s47F and s47F
were granted a s47F visa in association with this application.
s
4 December 2015, s47F commenced an s47F
issued following a conviction for s47F
7
F
The s47F requires that
s47F
engage in s47F
as directed.
s47
F February 2016, s47F and s47F application for a s47F
visa was refused.
s47
F February 2016, an application for review of the decision to refuse the s47F
visa was lodged at the Administrative Appeals Tribunal (AAT). This
application has not been finally determined.
s47
F August 2016, s47F was granted a s47F visa in association with
application for AAT review of the decision to refuse s47F application for a s47F
s47F

visa. s47F s47F


visa, granted on
31 January 2014 in association with the application for a s47F
visa, ceased the same day.
s47
F August 2016, a Notice of Intention to Consider Cancellation (NOICC) of s47F
s47F
visa under section 116 of the Act was sent to s47F via
registered post. s47F
subsequently appointed a migration agent, who provided the
Department with a response to the NOICC on s47F September 2016.
s47
F September 2016, s47F s47F
visa was cancelled under
section 116 of the Act, as s47F had been convicted of s47F
The
Notice of Cancellation was emailed to s47F migration agent the same day.
s47
F October 2016, s47F was detained by departmental officers at the s47F state
office of the Department, after s47
F presented to the counter voluntarily following the
cancellation of s47F s47F visa under section 116 of the Act on
s47
F September 2016.
s47
F October 2016, a Detention Review Manager (DRM) review was conducted. The DRM
identified that s47F s47F
visa had been
withdrawn in error based on the written request of s47F . Status Resolution Operational
Support Section confirmed that s47F was the holder of an associated s47F
visa as F had an ongoing s47F
s47

visa application, and needed to be released from immigration detention as soon as


practicable.
s47F
was released from immigration detention on s47
F October 2016.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #3

Sensitive: Personal
- 34 -

Actions

The visa processing area responsible for this error has been advised. Correct procedures
for processing withdrawals, including withdrawals in combined applications involving
dependent applicants are clearly outlined in LEGEND, the Department’s electronic legal and
policy database. The error in s47F case is not a systemic one.

Current Status
s47F
did not seek review of the decision to cancel s47F s47F visa at
the AAT.
s47
F November 2016, the AAT set aside the decision to cancel s47F s47F

visa under section 116 of the Act on F September 2016. This s47F
s47

visa was granted in association with s47F application for AAT review of the
decision to refuse s47F application for a s47F visa, which
is still under consideration by the AAT.

The AAT set aside the Department’s cancellation decision because it found that while
grounds for cancellation existed under section 116 of the Act, the power was not a
mandatory cancellation power, and there were factors which weighed in favour of the visa
not being cancelled.
s47
F November 2016, s47F was released from immigration detention and is currently
residing in the community as the holder of a s47F visa which will stay in
effect until s47F application for review of the s47F
visa is determined by the AAT.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #3

Sensitive: Personal
- 35 -

Medium Risk Case 01 July 2016 – 31 December 2016

ATTACHMENT K

Process Incorrect Defective Notification


s47F
Family Name
Given Name
Alias
Nationality
DOB
ICSE Client ID
Date of detention
Date of release
Number of days in detention

Summary

On s47
F October 2016, s47F was located by the Australian Border Force (ABF) as part of
a targeted field visit to s47F residential address. s47F was detained under section 189(1) of the
Migration Act 1958 (the Act) and transferred to s47F Immigration Detention Centre
(IDC).

On s47
F October 2016, the Status Resolution Operational Support Section confirmed that the
Department was not able to establish that s47F had received actual notification from the
Refugee Review Tribunal (RRT) that s47F application for review was invalid.

As a consequence, s47F continued to hold the s47F visa granted in


association with s47F
application for review at the RRT of the Department’s decision to refuse
s47F
application for a s47F visa.

The Department provided s47F with a copy of the RRT notice. s47F subsequently
requested that s47F s47F visa be cancelled as s47F wished to remain in
s47F
IDC s47F until arrangements were made for s47F return to s47F

Background
s47
F February 2007, s47F arrived in Australia as the holder of a s47F
visa that was valid until F February 2007.
s47

s47
F February 2007, s47F lodged an application for a s47F
visa. s47F was granted a s47F visa in association
with this application.
s47
F April 2007, s47F application for a s47F visa was
refused.
s47
F June 2007, the s47F visa ceased.
s47
F August 2007, s47F was granted a s47F visa on departure
grounds, which ceased naturally on s47
F August 2007.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #3

Sensitive: Personal
- 36 -
s47
F August 2007, s47F lodged an application for review of the Department’s decision to
refuse s47F application for a s47F visa with the RRT.
s47F
was represented by a migration agent in relation to this review.
s47
F August 2007, s47F was granted a second s47F visa in
association with s47F
application for review with the RRT.
s47
F September 2007, the RRT made a finding that it had no jurisdiction to review the decision
to refuse s47F a s47F visa, as the application for review
was lodged outside the prescribed timeframe.
s47
F October 2007, the s47F visa granted in association with
s47F
application for review, appeared to cease according to departmental systems.
s47
F October 2016, s47F was detained as s47F was reasonably suspected to be unlawful
because s47F s47F visa appeared to have ceased on
departmental systems.
s47
F October 2016, a Detention Review Manager (DRM) review was conducted and a referral
for further assessment of s47F status was made to the Status Resolution Operational
Support Section.
s47
F October 2016 the Status Resolution Operational Support Section confirmed that the
notification from the RRT was defective. The notification explained that the RRT did not have
the jurisdiction to review s47F application because the application for review had not
been lodged within the prescribed timeframes.

The ‘No jurisdiction’ notice from the RRT was sent to s47F authorised recipient. In
SZJDS vs Minister for Immigration and Citizenship [2012] the Full Federal Court determined
that when an application to a review tribunal is not valid, there is no valid appointment of an
authorised recipient. As such the RRT ‘No jurisdiction’ notification of s47
F September 2007
which was only sent to s47F authorised recipient, and not s47F , is defective.
s47F
confirmed to ABF officers that s47F had not received a copy of the RRT notification
letter. The RRT also confirmed that there was no record of a copy of the notification being
dispatched to s47F . As a consequence, s47F continued to hold the s47F
visa granted in association with s47F
application for review of the Department’s
decision to refuse s47F s47F visa application.

Actions

Senior ABF officers in the relevant office have been advised of the error and appropriate
training has been provided to mitigate against the recurrence of similar errors. In addition
the Framework and Training Section regularly conducts training in relation to notification
procedures which covers, among other things, case law relating to notification defects.

Current Status
s47F s47F
visa was cancelled under section 116 of the
Act at s47F
request on s47
F October 2016, so that s47F could remain in s47F IDC with s47F
s47F s47F
and s47F
departed Australia on F November 2016.
s47

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #3

Sensitive: Personal
- 37 -

Medium Risk Case 01 July 2016 – 31 December 2016

ATTACHMENT L

Process Incorrect Administrative deficiency


s47F
Family Name
Given Name
Alias
Nationality
DOB
ICSE Client ID
Date of detention
Date of release
Number of days in detention

Summary

On s47
F July 2016 s47F was located by s47F Police who contacted the
Department’s Immigration Status Service (ISS) to conduct a visa status check. s47F
appeared to be unlawful according to the immigration history recorded on departmental
systems. Based on information from the Department, the s47F Police officer held
reasonable suspicion that s47F was an unlawful non-citizen. s47F was detained
under section 189 of the Migration Act 1958 (the Act) and transferred to the s47F
Immigration Transit Accommodation (ITA).

On the night s47F was detained, ISS had conducted status checks in relation to several
people who appeared to be unlawful non-citizens. During the period in which ISS conducted
these status checks, access to departmental systems was limited for a short time due to
problems with IT systems. In the early morning of s47F July 2016, the ISS officer who
had provided information to the s47F Police conducted a notification assessment and
concluded that reasonable suspicion could no longer be maintained that s47F was an
unlawful non-citizen.

The ISS officer contacted the Australian Border Force (ABF) at the s47F on s47 F July 2016 by
telephone, and followed up in writing at s47F and advised that s47F appeared to be
the holder of a s47F visa granted in association with s47F application for a
s47F
visa and that s47F needed to be
released from detention as soon as practicable.
s47F
was released from detention on s47
F July 2016.

Background
s47
F March 2007, s47F arrived in Australia as the holder of a s47F
visa granted to s47F as a dependent applicant.
s47
F March 2011, s47F s47F
visa ceased.
s47
F April 2011, s47F lodged an application onshore for a s47F
visa, as a s47F applicant. s47F was granted a s47F
visa in association with the s47F

visa application on the same day.


This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #3

Sensitive: Personal
- 38 -

s47
F April 2011, s47F was granted a s47F visa.
s47
F November 2011, s47F s47F
visa
application was withdrawn, in accordance with an email from s47F migration agent requesting
that the application be withdrawn.
s47
F December 2011, s47F s47F
visa granted in association with
s47F s47F
visa application appeared to
cease.
s47
F October 2014, s47F s47F
visa was cancelled
under section 116 of the Act, as s47F was no longer in a relationship with the primary visa
holder. s47F appeared to become an unlawful non-citizen.
s47
F July 2016, s47F was detained under section 189 of the Act.

Actions

On s47
F July 2016, the ISS officer who had conducted the status check on s47F reviewed
the information available on departmental systems regarding the withdrawal of s47F
s47F
visa application.

The ISS officer found that the request to withdraw the application was made by a registered
migration agent on s47
F November 2011 via email. The email listed several applicants
represented by the agent, with each withdrawing their respective individual applications.
s47F
the s47F applicant on s47F s47F
visa application, was listed in the email but
s47F
was not.

The ISS officer concluded that the withdrawal of s47F s47F

visa application was not effective and that s47F may still be the
holder of a s47F
visa granted in association with that application.

The ISS officer noted that the cancellation of s47F s47F

visa under section 116 of the Act on F October 2014 would not have resulted in the
s47

cessation of s47F s47F visa granted in association with s47F


s47F
visa application, as s47F was not the
holder of a substantive visa when s47F
was granted the s47F
visa. The
ceasing provision in Regulation 030.511(b)(viii) of the Migration Regulations 1994 only
operates to cease a s47F visa, in the event of cancellation of a
s47F
visa that was held at the time of grant.
s47F s47F
visa was granted on s47F April 2011,
subsequent to the grant of the s47F
visa on s4 April 2011, as such the
cancellation of the s47F visa on7 s47 October 2014 did not
F F
result in the cessation of the s47F visa.

The ISS officer was satisfied that there was sufficient information to conclude that s47F
was lawful. s47F was released from immigration detention on s47 F July 2016.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #3

Sensitive: Personal
- 39 -

Current Status
s47F
is currently in the community as the holder of s47F visa, and
is awaiting the processing of s47F s47F visa
application.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #3

Sensitive: Personal
- 40 -

Medium Risk Case 01 July 2016 – 31 December 2016

ATTACHMENT M

Process Incorrect Administrative deficiency


s47F
Family Name
Given Name
Alias
Nationality
DOB
ICSE Client ID
Date of detention
Date of release
Number of days in detention

Summary

On s47
F September 2016, s47F was located by s47F Police during a random breath test.
s47F
was referred to the Department’s Immigration Status Service (ISS) for a visa status
check. s47F appeared to be unlawful according to the immigration history recorded on
departmental systems. Based on information from the Department, a s47F Police officer held
reasonable suspicion that s47F was an unlawful non-citizen. s47F was detained
under section 189(1) of the Migration Act 1958 (the Act) and transferred to s47F
Immigration Detention Centre (IDC).

On s47
F September 2016, the Status Resolution Operational Support Section advised that
s47F s47F
visa application remained outstanding and
must be decided and the client notified accordingly. s47F consequently continued to
hold the s47F visa granted to s47F in association with s47F s47F
visa application.
s47F
was released from immigration detention on s47
F September 2016.

Background
s47
F October 2010, s47F arrived in Australia using the identity of s47F
s47F
was the holder of an s47F visa that was valid
until F January 2011.
s47

s47
F January 2011, s47F lodged a s47F visa application
and was granted a s47F visa in association with the application.
s47
F March 2011, s47F s47F
visa application was
refused.
s47
F April 2011, s47F lodged an application for merits review of the decision to refuse s47F
application for a s47F visa with the then Refugee Review
Tribunal (RRT).
s47
F July 2011, the RRT affirmed the Department’s decision to refuse s47F application
for a s47F visa application.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #3

Sensitive: Personal
- 41 -
s47
F August 2011, s47F associated s47F visa ceased.
s47
F January 2013, s47F departed Australia as an unlawful non-citizen. s47F was
subject to an exclusion period, restricting s47F further entry to Australia for three years, as per
Public Interest Criterion 4014.

May 2013, s47F


s47
F arrived in Australia using the identity of s47F . s47F
was the holder of an s47F
visa valid to F August 2013.
s47

s47
F August 2013, s47F lodged an application for a s47F visa and was
granted an associated s47F
visa with the application.
s47
F September 2013, s47F was granted a s47F visa valid to
s47
F November 2013.

November 2013, s47F


s47
F lodged a combined s47F visa
application. This consists of applications for s47F visas, a s47F
visa, and a s47F visa.
s47
F November 2013, s47F was granted a s47F visa in association
with s47F combined s47F visa application.
s47
F January 2015, s47F s47F
visa application was
refused.
s47
F January 2015, s47F lodged a application for review of the decision to refuse s47F
s47F
visa application with the then Merits Review Tribunal
(MRT). The MRT review related to the s47F visa only and did
not include a review of s47F visa.
s47
F April 2016, the MRT affirmed the Department’s decision to refuse s47F application
for a s47F visa.
s47
F May 2016, s47F associated s47F visa appeared to cease
according to departmental systems.
s47
F September 2016, s47F was located by s47F Police who contacted ISS to conduct a
status check. Based on information from the Department, a s47F Police officer held
reasonable suspicion that s47F was an unlawful non-citizen. s47F was detained
under section 189(1) of the Act and transferred to s47F IDC.
s47
F September 2016, a Detention Review Manager (DRM) review was conducted. The DRM
identified possible errors in the decision to refuse s47F combined s47F
visa application. However, the DRM could not conclude the DRM review without
examining s47F combined s47F visa application hard copy file
(stored offsite).
s47
F September 2016, the DRM received s47F combined s47F
visa application file and concluded that a decision on the s47F
visa might still be pending as the refusal decision record only referenced s47F
application for a s47F visa, and did not include a decision on
s47F
application for as47F visa. The refusal
notification letter did not identify the criterion that was not satisfied or provide reasons why
that criterion was not satisfied as required by s47F of the Act.
This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #3

Sensitive: Personal
- 42 -

The DRM made a referral for further assessment of s47F status to the Status
Resolution Operational Support Section.
s47
F September 2016, the Status Resolution Operational Support Section advised that
s47F s47F
visa application remained ongoing.
This meant that s47F continued to hold the s47F visa granted to
s47F
in association with s47F s47F visa application and s47
F
needed to be released from immigration detention as soon as practicable.
s47F
was released from immigration detention on s47
F September 2016.

Actions
s47F
case was referred to the relevant visa processing section to make a decision on
the outstanding s47F visa application and to ensure that
training is provided to mitigate against any possible recurrence of the error. The error is not
a systemic one.

The notification defect that led to the error has been recorded and will be considered as part
of future training needs. The Procedures Advice Manual in LEGEND, the Department’s
electronic legal and policy database, has detailed and current instructions in relation to
notification of s47F visa applications. Templates for
notification letters are regularly updated and cleared by the Department’s Legal section and
available in the Department’s central record storage system TRIM.

Current Status
s47F s47F
visa application was refused on
s47
F September 2016. The notification of the refusal decision was sent to s47F by
registered post in accordance with departmental procedures, to the address provided to the
Department by s47F on s47
F September 2016 on a form 929, the prescribed form for the
purpose of provision of the address for service of documents.

The notification was returned to the Department unclaimed on s47


F October 2016. s47F
did not seek review of the decision at the AAT. s47F
has not maintained contact with
the Department since s47F release from immigration detention on s47
F September 2016.
s47F s47F
ceased on s4 November 2016.
7
F
s47F
is currently unlawful in the community.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #3

Sensitive: Personal
- 43 -

Medium Risk Case 01 July 2016 – 31 December 2016

ATTACHMENT N

Process Incorrect Administrative deficiency


s47F
Family Name
Given Name
Alias
Nationality
DOB
ICSE Client ID
Date of detention
Date of release
Number of days in detention

Summary

On s47
F December 2016, s47F was located by s47F Police during a routine traffic stop
and was referred to the Department’s Immigration Status Service (ISS) for a visa status
check. s47F appeared to be unlawful according to the immigration history recorded
on departmental systems. Based on information from the Department, a s47F Police officer
held reasonable suspicion that s47F was an unlawful non-citizen. s47F was
detained under section 189(1) of the Migration Act 1958 (the Act) and transferred to
s47F
Immigration Detention Centre (IDC).

On s47
F December 2016, the Department’s Status Resolution Operational Support Section
confirmed that s47F was the holder of a s47F visa as
the decision on s47F
application for a s47F visa was tainted by
jurisdictional error.
s47F
was released from immigration detention as the holder of a s47F
visa on s47
F December 2016.

Background
s47
F April 2006, s47F arrived in Australia as the holder of a s47F
visa that ceased on 28 July 2006. s47F s47F

visa had condition s47F


imposed.
s47
F July 2006, s47F applied for a s47F visa, and also requested a
waiver of condition 8503 (No Further Stay). The request for a waiver was approved on
s47
F July 2006.
s47
F August 2006, s47F was granted a s47F visa which was valid until
s47
F November 2006.
s47
F October 2006, s47F departed Australia.
s47
F September 2007, s47F arrived in Australia as the holder of a s47F
visa. This visa ceased on s47
F May 2008 and s47F became unlawful on
s47
F May 2008.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #3

Sensitive: Personal
- 44 -

May 2008, s47F


s47
F was located by s47F Police and referred to the Department’s
Immigration Status Service (ISS) for a visa status check. s47F was granted a s47F
visa and was required to apply for a substantive visa by s47
F May 2008.
s47
F May 2008, s47F lodged an application for a s47F
visa, and was granted a s47F
visa on the same day.
s47F
was also granted an s47F visa on the same day.
s47
F January 2010 the Department received a completed Form 929 (change of address) from
s47F
updating s47F residential and postal addresses.
s47
F April 2010, s47F provided the Department with two statutory declarations.
s47F
residential address provided in the statutory declarations was different to the
address provided with the form 929 on s47
F January 2010.
s47
F June 2010, the Department sent a section 56 notice to s47F at the residential
address provided in the statutory declarations requesting further information.
s47
F August 2010, a reminder notice was sent to s47F at the residential address
provided in the statutory declarations.
s47
F August 2010, s47F s47F
visa application was
refused and the refusal notification was sent to the address provided in the statutory
declarations.
s47
F October 2010, s47F s47F
visa appeared to
cease according to departmental systems.
s47
F December 2010, s47F lodged an application for merits review of the decision to
refuse s47F application for a s47F visa with the then Migration
Review Tribunal (MRT).
s47
F May 2011, the MRT notified s47F authorised recipient that it had no jurisdiction to
review the refusal of the s47F visa as the application for
review was not lodged within the statutory timeframes.
s47
F June 2011, s47F sponsor for s47F application for s47F
visa application contacted the Department and advised of s47F
. The sponsor was asked to provide written confirmation of this information.
s47
F May 2012, the MRT advised that the ‘No jurisdiction’ notification was released to
s47F
as part of an FOI request. This meant that the MRT’s notification to s47F
that it had no jurisdiction to review the refusal of s47F application for a s47F
visa was not defective. In SZJDS vs Minister for Immigration and Citizenship
[2012] the Full Federal Court determined that when an application to a review tribunal is not
properly made, there is no valid appointment of an authorised recipient. As such a visa
applicant must be notified directly where a review tribunal has ‘No jurisdiction’ and not
through an authorised recipient.
s47
F December 2016, s47F was located by s47F Police during a roadside stop, who
contacted ISS to conduct a visa status check. s47F appeared to be unlawful
according to the immigration history recorded on departmental systems. Based on
information from the Department, a s47F Police officer held reasonable suspicion that
s47F
was an unlawful non-citizen, and s47
F was detained under section 189 of the Act.
This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #3

Sensitive: Personal
- 45 -

December 2016, a departmental officer from the Identity team consulted with the
s47
F
Department’s Status Resolution Operational Support Section regarding s47F . A
Detention Review Manager (DRM) review was also commenced.

December 2016, the Detention Review Manager referred s47F


s47
F case to Status
Resolution Operational Support Section for further assessment of s47F status.
s47
F December 2016, the Status Resolution Operational Support Section confirmed that the
decision to refuse s47F application for a s47F visa
was tainted by jurisdictional error.

The jurisdictional error arose because the delegate failed to have regard to all the
information that was provided to the Department in relation to s47F application for a
s47F
visa.
s47
F December 2016, s47F consent was sought and obtained to revisit the decision to
refuse s47F application for a s47F visa). s47F was released from
immigration detention as the holder of a s47F
visa.

Actions

The processing area has been advised that errors in processing applications for the s47F
visa can affect whether the visa applicant continues to hold the
s47F
visa. This was disseminated to the centralised partner
processing centre to mitigate against the possible recurrence of such errors.

Current Status
s47F
is currently residing in the community as the holder of a s47F
visa. s47F is awaiting a decision on s47F
visa application which is still under consideration by the Department.

This document may contain 'personal identifiers' and 'personal information' as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive: Personal
FOI Document #4


  
 

   


     

  


  



 
 


   



 
 

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FOI Document #4

    
 
 

 
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FOI Document #4
  
   
 


   

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FOI Document #4


    


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FOI Document #4

   

 
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FOI Document #4

    



  

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FOI Document #4

   

 
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