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Inquiry Into the Circumstances of the Immigration Detention of Cornelia Rau

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Inquiry Into the Circumstances of the Immigration Detention of Cornelia Rau Inquiry into the Circumstances of the Immigration Detention of Cornelia Rau REPORT July 2005 © Commonwealth of Australia 2005 ISBN 0-646-44945-1 This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from the Commonwealth. Requests and inquiries concerning reproduction and rights should be addressed to the Commonwealth Copyright Administration, Attorney General’s Department, Robert Garran Offices, National Circuit, Barton ACT 2600 or posted at http://www.ag.gov.au/cca. Inquiry into the Cornelia Rau Matter Mick Palmer AO APM GPO Box 3007 Ph: (02) 6274 7395 Canberra City ACT 2601 Fax: (02) 6274 7377 www.inquiry.com.au Email: [email protected] 6 July 2005 Senator the Hon. Amanda Vanstone Minister for Immigration and Multicultural and Indigenous Affairs Parliament House CANBERRA ACT 2600 Dear Minister I am pleased to present to you my report on the Inquiry into the Circumstances of the Immigration Detention of Cornelia Rau. The Inquiry was conducted in accordance with the terms of reference issued on 9 February 2005 and 2 May 2005. As required by the additional terms of reference of 2 May 2005, my report includes commentary and preliminary findings arising from the Examination of the Vivian Alvarez Matter. Yours sincerely MJ Palmer Principles Protection of individual liberty is at the heart of Australian democracy. When there exist powers that have the capacity to interfere with individual liberty, they should be accompanied by checks and balances sufficient to engender public confidence that those powers are being exercised with integrity. It is the intention of the Commonwealth Government that Australia’s immigration detention policy be applied justly and equitably and that: • every reasonable effort be made to ensure the right people are detained as being ‘reasonably suspected of being an unlawful non-citizen’ • expeditious and comprehensive inquiries be made to establish the identity of detainees whose identity is in doubt • the overall duty of care—including, in particular, medical care—owed to detainees be consistently and effectively applied • detainees be held in detention only for so long as is necessary and justifiable. Australia’s immigration policy is deliberately directed at achieving a number of clear public policy objectives, among them the following: • ensuring that unauthorised immigrants do not enter the Australian community until their claims have been properly assessed • ensuring that unauthorised immigrants do not enter the community until essential identity and health checks have been completed and assessments have been made to clarify character and security considerations • ensuring that the integrity of Australia’s migration program is maintained. This policy was introduced in 1992 and has been maintained by successive governments. The Inquiry’s comments in this report are not intended to call the policy into question. Inquiry into the Circumstances of the Immigration Detention of Cornelia Rau i Contents Principles ............................................................................................. i Main findings ..................................................................................viii Recommendations............................................................................ xv 1 Introduction .......................................................................... 1 1.1 The conundrum.......................................................... 1 1.2 A perspective ............................................................. 1 1.3 Two independent streams of investigation ................ 2 1.4 The Inquiry’s terms of reference ............................... 3 1.5 Inquiry processes and procedures.............................. 4 1.6 Submissions received ................................................ 5 1.7 Some progress............................................................ 6 1.8 A melting pot of stories ............................................. 7 2 The sequence of events ......................................................... 8 2.1 The journey................................................................ 8 2.2 The question of identity............................................. 8 2.3 Overview of main events........................................... 8 2.3.1 A private citizen ........................................... 8 2.3.2 Timeline........................................................ 9 3 Immigration detention ....................................................... 21 3.1 Immigration detention under s. 189 of the Migration Act .......................................................... 21 3.1.1 Reasonable suspicion.................................. 21 3.1.2 The lawfulness of detention........................ 24 3.1.3 Training for compliance officers ................ 28 3.2 Imprisonment in Brisbane Women’s Correctional Centre.................................................. 29 3.2.1 Immigration detention arrangements.......... 29 Inquiry into the Circumstances of the Immigration Detention of Cornelia Rau iii 3.2.2 Last resort................................................... 32 3.2.3 Admission and accommodation ................. 34 3.2.4 Prison discipline ......................................... 38 3.2.5 Cooperation with BWCC ........................... 41 3.2.6 An evaluation ............................................. 43 3.3 Management responsibilities................................... 45 3.3.1 A failure of processes and management ............................................... 45 3.3.2 The requirement for regular review............ 47 3.3.3 Accumulation of information ..................... 50 3.3.4 Dealing with complex cases....................... 53 3.3.5 Detention review ........................................ 55 4 Baxter Immigration Detention Facility ............................ 57 4.1 Context .................................................................... 57 4.2 Development and functions..................................... 59 4.2.1 Establishment ............................................. 59 4.2.2 GSL’s role and responsibility..................... 60 4.2.3 DIMIA’s role and responsibility ................ 61 4.2.4 Detention .................................................... 63 4.2.5 The operating environment ........................ 65 4.2.6 Remoteness and staffing............................. 66 4.3 The immigration detention environment ................. 67 4.3.1 Containment and care................................. 67 4.3.2 Communication and feedback .................... 70 4.3.3 Food preparation......................................... 75 4.3.4 Visitor arrangements .................................. 77 4.3.5 Engagement with the community............... 78 4.4 Operational considerations ...................................... 79 4.4.1 Red One and the Management Unit ........... 79 4.4.2 Performance measurement and audit.......... 82 4.4.3 Case management....................................... 82 4.4.4 Allegations of assault and inappropriate behaviour.............................. 84 4.4.5 Management of detainees’ personal information ................................................. 88 4.5 Infrastructure ........................................................... 89 4.5.1 The Management Unit................................ 89 4.5.2 An intermediate facility.............................. 91 4.5.3 Accommodation for detainees.................... 93 iv Inquiry into the Circumstances of the Immigration Detention of Cornelia Rau 5 The circumstances and actions leading to the failure to identify Cornelia Rau......................................... 95 5.1 A baffling situation.................................................. 95 5.2 Contributing reasons and circumstances ................. 96 5.2.1 Information presented by the detainee........ 96 5.2.2 The footprints ............................................. 97 5.2.3 Fingerprints and biodata ............................. 97 5.2.4 The Movements and Passports databases..................................................... 99 5.2.5 Australian civil records............................. 100 5.2.6 European immigration posts..................... 100 5.2.7 German consular assistance...................... 101 5.2.8 Events at Brisbane Women’s Correctional Centre .................................. 103 5.2.9 Cornelia Rau reported missing ................. 103 5.2.10 Uncorrelated information ......................... 105 5.2.11 Three important questions ........................ 107 5.3 Some possible solutions......................................... 108 5.3.1 Identification guidelines ........................... 108 5.3.2 A national missing persons database ........ 111 5.3.3 Privacy...................................................... 114 5.3.4 Consular considerations............................ 116 5.3.5 Fingerprints............................................... 117 6 Measures taken to deal with Anna’s medical needs ...... 119 6.1 Perspective............................................................. 119 6.2 Main conclusions................................................... 119 6.3 Events in New South Wales .................................. 121 6.3.1 Care and treatment.................................... 121 6.4 Events in Queensland ............................................ 123 6.4.1 Coen watch-house and Cairns .................. 123 6.4.2 Brisbane Women’s Correctional Centre and Princess
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