In 2005 and 2006 the Australian government referred to the Commonwealth Ombudsman the cases of 247 persons who had been detained by the Department of Immigration and Multicultural Affairs (DIMA) and later released on the basis that they could not be detained any longer as an unlawful non-citizen. This office agreed to investigate and report to DIMA about each individual’s case under the Ombudsman’s power to conduct an own motion investigation, as provided for in s 5 of the Ombudsman Act 1976.

This report deals with nine cases that raise mental health or incapacity issues, but have not yet been reported on publicly. Attachment B to this report contains eight case studies that provide a brief outline of each case. An individual analysis of each case has been provided by the Ombudsman’s office to DIMA, but these will not be published. The common issues about immigration administration identified in each individual investigation have instead been incorporated into this consolidated report.