‘Same issues since 2005': People wrongly detained due to Home Affairs' systemic failures
The Commonwealth Ombudsman revealed in a report on Wednesday that the department wrongfully detained 11 people between July 1, 2023 and June 30, 2024, with officers failing to decide for themselves whether it was reasonable to detain someone in most of the cases.
The report said 90 per cent of the cases would have been avoided if existing policies had been followed, and that the same mistakes – including poor record keeping and failure to check conflicting information – had been made before but were not fixed.
One person was detained for a week despite receiving an invalid visa refusal letter – the same mistake that had resulted in a man being incorrectly detained in 2018 for four years.
'Since we began monitoring the issue in 2005, we have observed the same types of errors are causing people to be wrongfully detained,' the report said.
'In addition, the department has not improved the way it addresses its mistakes with the individuals it has wrongfully detained. The department does not offer people it has wrongfully detained any form of redress, formal apology, or financial compensation.'
Immigration detention staff can lawfully detain a person if they 'know or reasonably suspect' them to be an unlawful non-citizen. Wrongful detentions occur when the suspicion is incorrect and the person is released, according to the ombudsman. It did not analyse whether Home Affairs officers reasonably held suspicions about detained people in the first place, saying that would be too legally complex.
The report said the data indicated that a culture of carelessness first identified in 2007 may still be present. In 81 per cent of the cases, staff acted as if the decision to detain a person had already been made by someone else and did not take responsibility for forming reasonable suspicion in their own minds.
The ombudsman regularly reviews wrongful detention in part as a response to the case of Vivian Alvarez, a Filipino-born Australian citizen who was deported in 2001 after being admitted to hospital after falling into a drain. Her former husband searched for her for years, and she featured on missing persons television program Without a Trace. The department was made aware of its mistake by multiple sources in 2003, but took no action. Alvarez's case didn't become public until 2005.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Sky News AU
4 hours ago
- Sky News AU
Nearly half of Aussie internet users smashed by scammers last year
Nearly half of Australian internet users fell victim to cybercrime last year, according to a new report, with only a quarter of respondents admitting they regularly updated their passwords. The Cybercrime in Australia: 2024 report, released by the Australian Institute of Criminology, found that 47 per cent of respondents experienced cybercrime over the last 12 months. Online abuse and harassment was the most common type of cybercrime, sitting at 26.8 per cent. This was followed by identity crime and misuse (21.9 per cent), malware (20.6 per cent), and fraud and scams (9.5 per cent). A quarter of respondents also reported experiencing a data breach. The report found only about a quarter of Aussies were regularly updating their passwords, including emails, banking, online stores and social media. About the same amount of people used a secure password manager, while more than 50 per cent of respondents reported using a different password for online secure accounts like banking. 'Many respondents are not taking simple but important steps to improve their online safety,' the report stated. Some of the most common passwords used at work include 'password', '123456', 'qwerty' and 'boobies', according to NordVPN. Minister for Home Affairs and Cyber Security Tony Burke said the research would help ensure the government's response to cybercrime was 'evidence-based, targeted, and effective'. 'Remember these three simple steps to stay safe online – always install the latest software updates, use unique passphrases, and enable multi-factor authentication wherever it's available,' Mr Burke said. The reminder follows the federal government's 'Act Now. Stay Secure' campaign, which aims to arm Aussies with online safety strategies. The Australian Strategic Policy Institute (ASPI) in May claimed that cybercriminals viewed Australia as 'lucrative and underprepared', citing a conversation between a hacker and ABC's John Lyons in a 2023 Four Corners episode. 'Australians are the most stupidest humans alive … and they have a lot of money for no reason, a lot of money and no sense at all,' the hacker reportedly said over the encrypted app Telegram. The hacker claimed he was part of REvil, a Russian cybercrime gang, and alleged REvil were involved in the hack. 'While offensive, the comment points to a broader perception among cybercriminals: Australia is lucrative and underprepared,' the ASPI article read. The Australian Information Commissioner (AIC) has launched civil proceedings in the Federal Court against Medibank over the 2022 hack. The AIC alleged Medibank 'seriously interfered with the privacy of 9.7 million Australians' by failing to take reasonable steps to protect its information. The civil case is before the Federal Court of Australia. A case management hearing is set for November 21. Originally published as Nearly half of Aussie internet users smashed by scammers last year
Sky News AU
5 hours ago
- Sky News AU
Protesters ‘going too far' could potentially soon be criminalised
Institute of Public Affairs Research Fellow Mia Schlicht slams the recent actions of protesters burning the Australian flag during protests, agreeing to the recent petition to criminalise the action. 'This is going too far,' Ms Schlicht said. 'It is our most unifying symbol, and it is something to be proud of.'
The Australian
5 hours ago
- The Australian
Nearly half of Aussie internet users smashed by scammers last year
Nearly half of Australian internet users fell victim to cybercrime last year, according to a new report, with only a quarter of respondents admitting they regularly updated their passwords. The Cybercrime in Australia: 2024 report, released by the Australian Institute of Criminology, found that 47 per cent of respondents experienced cybercrime over the last 12 months. Online abuse and harassment was the most common type of cybercrime, sitting at 26.8 per cent. This was followed by identity crime and misuse (21.9 per cent), malware (20.6 per cent), and fraud and scams (9.5 per cent). A quarter of respondents also reported experiencing a data breach. Nearly half of Australian internet users fell victim to cybercrime last year. Picture: Supplied. The report found only about a quarter of Aussies were regularly updating their passwords, including emails, banking, online stores and social media. About the same amount of people used a secure password manager, while more than 50 per cent of respondents reported using a different password for online secure accounts like banking. 'Many respondents are not taking simple but important steps to improve their online safety,' the report stated. Some of the most common passwords used at work include 'password', '123456', 'qwerty' and 'boobies', according to NordVPN. Minister for Home Affairs and Cyber Security Tony Burke said the research would help ensure the government's response to cybercrime was 'evidence-based, targeted, and effective'. 'Remember these three simple steps to stay safe online – always install the latest software updates, use unique passphrases, and enable multi-factor authentication wherever it's available,' Mr Burke said. The reminder follows the federal government's 'Act Now. Stay Secure' campaign, which aims to arm Aussies with online safety strategies. Tony Burke reminded Aussies to stay safe online. Picture: NewsWire / Gary Ramage The Australian Strategic Policy Institute (ASPI) in May claimed that cybercriminals viewed Australia as 'lucrative and underprepared', citing a conversation between a hacker and ABC's John Lyons in a 2023 Four Corners episode. 'Australians are the most stupidest humans alive … and they have a lot of money for no reason, a lot of money and no sense at all,' the hacker reportedly said over the encrypted app Telegram. The hacker claimed he was part of REvil, a Russian cybercrime gang, and alleged REvil were involved in the hack. 'While offensive, the comment points to a broader perception among cybercriminals: Australia is lucrative and underprepared,' the ASPI article read. Online abuse and harassment was the most common type of cybercrime. Picture: Supplied. The Australian Information Commissioner (AIC) has launched civil proceedings in the Federal Court against Medibank over the 2022 hack. The AIC alleged Medibank 'seriously interfered with the privacy of 9.7 million Australians' by failing to take reasonable steps to protect its information. The civil case is before the Federal Court of Australia. A case management hearing is set for November 21. Clareese Packer Reporter Clareese is a Court Reporter at NewsWire. She previously covered breaking news for the outlet after completing the 2023 NewsCorp cadet program, where she worked at The Australian, The Daily Telegraph, the National News Network and NewsWire. Clareese Packer
