[Greens-Media] Media Release: Ombudsman Report shows the failure of mandatory detention

[Bolwell, Kristian (Sen K. Nettle)]

Ombudsman report shows the failure of mandatory detention
 
2 July 2007
 
Australian Greens Immigration spokesperson, Senator Kerry Nettle,
welcomed the Ombudsman's report into unlawful immigration detention and
said the mandatory detention law that is the cause of many of these
unlawful detentions should be abolished.
 
"Section 189 of the Migration Act which implements the policy of
mandatory detention sets too low a standard of proof for detaining a
person and it must be amended to avoid a repeat of these tragic cases,"
said Senator Nettle.
 
"The recent release of a woman who was detained for over six years
indicates there is still the need for substantive change.
 
"While there have been reforms to departmental systems and the culture,
while mandatory detention remains in place there can be no guarantee
unlawful detentions will not occur again.
                                               
"The Department of Immigration is the only department with the power to
detain people without any outside or judicial overview - sometimes for
years.
 
"Court review of detention is necessary precisely to ensure that errors
and incompetence such as those outlined in the Ombudsman's report do not
result in unlawful detention.
 
"The police can not detain a person longer than four hours without
approval from the courts, why should immigration be able to detain
people for years without review?
 
"This report outlines the tragic consequences of flawed and unchecked
decisions.
 
"The Greens call upon the government to immediately notify the people
involved in the 247 cases the Ombudsman has investigated so that they
can determine whether they wish to seek compensation for wrongful
detention."
 
Contact: Kristian Bolwell 0411 638 320