Apology ordered for former detainee
February 18, 2008
THE Immigration Department has been told it should apologise to a former detainee over a four­year delay in providing video footage of his alleged assault.
And the Ombudsman, John McMillan, recommended the department explain why it took so long to provide the footage requested under the Freedom of Information Act in early 2004.
He also found the department erred in ruling the man an “offshore arrival” in 2001, denying him the right to apply for protection, before recognising its mistake a year later.
In his report, the Ombudsman discussed 25 outstanding cases he examined of detainees and former detainees: 19 are suffering depressive illnesses, with some involving incidents of self­ harm and attempted suicide, while one detainee suffers chronic delusional disorder.
Twelve remain in detention and some have been released on “return pending” visas.
The previous government gave the Ombudsman the task of monitoring the cases of all long­term detainees in 2005.
The 45­year­old Sri Lankan man, now living in Australia on a business visa, needed the video footage to back up his complaint to the Human Rights and Equal Opportunity Commission over the alleged assault on December 4, 2003.
In 2004, he lodged a claim against the department, saying guards employed by Australasian Correctional Centre Management punched him in the face, kicked him in the legs and pulled his legs up so that he experienced severe back pain and lost consciousness.
The limitation period for a damages action expired in December 2006. The footage has still not been released.
– ANDRA JACKSON