Australian Government Department of Immigration and Citizenship

Removal of Interest Brief Name DOB Gender Reason for Removal of Interest Detaining State State Responsible for Removal Current Location

s. 47F(1) s. 47F(1)
s. 47F(1)

Involuntary Removal – Complex Case NSW NSW VIDC

Citizenship ICSE ID Portal ID Nature of Removal

s. 47F(1)

s. 47F(1)
s. 47F(1)
Involuntary Escorted
s. 47F(1)

Date Detained Removals Contact Officer Case Manager (STO) Community Status Resolution Officer

/2011 Felicity Warren (02) 9078 3026 Felicity Warren (02) 9078 3026 David Millar – (02) 8862 6786

Travel Document Removal Destination Escort Requirement Immigration History

s. 47F(1) Expiry Date /2011 s. 47F(1) Planned Removal /2011 s. 47F(1) Date Two security escorts, two DIAC removal liaison officers.

6/2011

s. 47F(1) arrived in Australia and cleared immigration on s. 47F(1) /1999, using a fraudulently-obtained French passport and a Tourist Electronic Travel Authority (ETA), valid until s. 47F(1) /1999, in the name s. 47F(1)

On s. 47F(1) /1999, s. 47F(1) applied for a Protection visa (PV), claiming his true identity to be s. 47F(1) . He was granted an associated Bridging visa A (BVA).
s. 47F(1)

Ons. 47F(1) 1999, s. 47F(1) PV application was refused. On /1999, s. 47F(1) applied to the Refugee Review Tribunal (RRT) for merits review. On s. 47F(1) /2002, the RRT affirmed the department’s decision. On s. 47F(1) /2002, s. 47F(1) BVA expired and he remained in the community as an unlawful non-citizen.

On s. 47F(1) /2002, s. 47F(1) initiated a request for Ministerial intervention (MI) under s417 of the Migration Act. On s. 47F(1) /2002, the Department assessed the request as not meeting the Minister’s guidelines and referred it to the Minister on a schedule. On s. 47F(1) /2002, the MI was finalised ‘Not Considered’. On s. 47F(1) /2004, s. 47F(1) was located by the Department following information received from the NSW Police and was detained as an unlawful non-citizen and transferred to Villawood Immigration Detention Centre (VIDC).

Australian Government Department of Immigration and Citizenship
On s. 47F(1) /2004, s. 47F(1) sought judicial review of the RRT decision at the Federal Magistrates’ Court (FMC). On s. 47F(1) /2004, a BVE was granted on this ground, with a $10,000 surety and was released from detention. On s. 47F(1) /2005, the FMC decided the appeal in the Minister’s favour.
s. 47F(1)

On s. 47F(1) /2005, s. 47F(1) made a second MI request under s417. On s. 47F(1) /2005,s. 47F(1) BVE ceased and he remained in the community as a unlawful non-citizen, again not regularising his status until s. 47F(1) /2008. On s. 47F(1) /2005, the second MI request was assessed as not meeting the Minister’s guidelines and, on s. 47F(1) /2005, was finalised ‘Not Referred’. On s. 47F(1) /2006, s. 47F(1) made a third MI request, on this occasion under both s417 and s48b. On s. 47F(1) /2006 and s. 47F(1) /2006 respectively, the department assessed the requests as not meeting the Minister’s guidelines. On s. 47F(1) /2006, the request under s48b was finalised as ‘Not Referred/Subsequent Application Not Allowed’ and, on s. 47F(1) /2006, the request under s417 was finalised as ‘Not Referred’. On s. 47F(1) /2006, s. 47F(1) made a fourth MI request under s417. On s. 47F(1) /2007, the department assessed the request as not meeting the Minister’s guidelines and it was finalised as ‘Not Referred’ on s. 47F(1) /2007.
s. 47F(1)

On s. 47F(1) /2008, s. 47F(1) made a fifth MI request under s417. On /2008, the department assessed the request as meeting the Minister’s guidelines for referral. On s. 47F(1) /2008, s. 47F(1) voluntarily approached the department and was granted a BVE. He has remained engaged with the department and lawfully in the community since, on a total of 25 BVEs granted since that date. He was granted permission to work. since s. 47F(1) /2008. On s. 47F(1) /2008, s. 47F(1) engaged with the Community Status Resolution Service (CSRS). On s. 47F(1) /2008, s. 47F(1) security check was finalised as clear. On s. 47F(1) /2009, his fifth MI request under s417 was referred to the Minister as a submission. On s. 47F(1) /2010, the MI was finalised as ‘Not Considered’. On s. 47F(1) /2010, s. 47F(1) was referred by his CSRS officer to the International Organisation for Migration (IOM) for the purposes of voluntary return. On s. 47F(1) /2010, s. 47F(1) attended an IOM appointment. However, he declined to engage further, stating that

Australian Government Department of Immigration and Citizenship
he was dissatisfied with the IOM and found it ‘too forceful’. On s. 47F(1) /2010, s. 47F(1) initiated a sixth MI request, under both s417 and s48b. On s. 47F(1) 2010 and s. 47F(1) /2010 respectively, the department assessed the requests as not meeting the Minister’s guidelines. On s. 47F(1) /2010, the request under s48b was finalised as ‘Not Referred/Subsequent Application Not Allowed’ and, on s. 47F(1) /2010, the request under s417 was finalised as ‘Not Referred’. On s. 47F(1) /2010, s. 47F(1) initiated a seventh MI request (the third under s48b). On s. 47F(1) /2010, this request was assessed by the department as not meeting the Minister’s guidelines and was finalised as ‘Not Referred/Subsequent Application Not Allowed’ on the same day. On s. 47F(1) /2011, s. 47F(1) initiated an eighth MI request under both s417 and s48b. On s. 47F(1) /2011 and s. 47F(1) /2011 respectively, the department assessed the requests as not meeting the Minister’s guidelines. On the same day, the request under s48b was finalised as ‘Not Referred/Subsequent Application Not Allowed’ and, on s. 47F(1) /2011, the request under s417 was finalised as ‘Not Referred’. On s. 47F(1) /2011, s. 47F(1) initiated a ninth MI request under s417 and, on s. 47F(1) /2011, he initiated a tenth MI request (the fifth under s48b). NSW Ministerial Intervention Unit (MIU) has advised that these requests have been assessed by the department as not meeting the Minister’s guidelines. On s. 47F(1) /2011 and s. 47F(1) /2011 respectively, the department assessed the requests as not meeting the Minister’s guidelines. On s. 47F(1) /2011, both requests were finalised as ‘Not Referred’. On s. 47F(1) /2011, s. 47F(1) was notified by his CSRS officer of the ‘Not Referred’ outcome of his combined s417/s48b MI request. was found to be in breach (for the 17th time) of the ‘present valid passport’ condition on his BVE. Therefore, his BVE was cancelled on the same day, he was detained under s189 and transferred to VIDC.
s. 47F(1)

On s. 47F(1) /2011, s. 47F(1) applied to the Migration Review Tribunal (MRT) for merits review of the department’s decision to cancel his BVE.
s. 47F(1)

On s. 47F(1) /2011, the MRT invited s. 47F(1) to attend a hearing on /2011. On s. 47F(1) /2011, s. 47F(1) was notified of his removal. The department informed the MRT on the same day and received an

Australian Government Department of Immigration and Citizenship
acknowledgement from the MRT which raised no issues of concern. On s. 47F(1) /2011, the relevant departmental officers (Director, Citizenship and Enforcement Litigation Section and Acting Director, Returns and Removals Program Support Section) confirmed that s. 47F(1) circumstances fell within the exceptions provided for by policy and that the MRT proceedings did not constitute an impediment to removal. On s. 47F(1) 2011, a pre-removal clearance was issued, confirming that the proposed removal of s. 47F(1) would not engage any of Australia’s international obligations. In addition to considering the political claims and claims related to his family circumstances s. 47F(1) , which s. 47F(1) had previously raised in his PV application and MI requests, the preremoval clearance included consideration under humanitarian grounds, due to the current political unrest in s. 47F(1) . On s. 47F(1) 2011, the department received by fax a form (956) signed by Mr Awad on s. 47F(1) /2011, appointing s. 47F(1)

On s. 47F(1) /2011, s. 47F(1) emailed to the department, copies of: a letter dated s. 47F(1) /2011, sent by him to the Minister regarding case; and a copy of a letter sent by s. 47F(1) to the Minister, with courtesy copies to the Prime Minister, the UN High Commissioner for Human Rights and Amnesty International. This correspondence was assessed under the Ministerial Intervention guidelines and finalised as “not referred, subsequent PV application not allowed” on s. 47F(1) 2011.
s. 47F(1)

The UNHCHR have considered and finalised the request made to them on s. 47F(1) /2011. On s. 47F(1) /2011 NSW MI received and finalised a repeat s48b/417 MI request from s. 47F(1) . This request has not been referred to the Minister. s. 47F(1) escorted involuntary removal is scheduled for s. 47F(1) /2011 pending finalisation of MI request received on s. 47F(1) /2011.
s. 47F(1)

Removal Plan

On s. 47F(1) /2011, a Laissez-Passer for s. 47F(1) (valid to /2011) was issued at the department’s request by the s. 47F(1) Due to s. 47F(1) ongoing refusal to return to s. 47F(1) , his conviction

Australian Government Department of Immigration and Citizenship
for a violent crime in Australia, transits involved and his history of threats of suicide and self-harm (see below), the removal is planned to be led by two officers of the department and with two security escorts. On arrival at VIDC on s. 47F(1) /2011, s. 47F(1) expressed the intention of refusing all food and drink. s. 47F(1) received the ‘Information on your Detention’ notice on s. 47F(1) /2011. As at s. 47F(1) /2011, at the conclusion of the Detention Client Initial and Removal Planning interviews, s. 47F(1) has not requested any extension of time in which to make a substantive visa application. Therefore the planned removal date has been brought forward from s. 47F(1) /2011 to s. 47F(1) /2011. Post Return Support At the time of issuing the emergency travel document, the Head of Mission of the requested the s. 47F(1) department to consider providing post return support, in view of the fact that s. 47F(1) has been away from s. 47F(1) for a long time and that his background information indicates that he has resided in s. 47F(1) for only a limited period during his life (s. 47F(1) claimed in his PV application to have resided in s. 47F(1) from approximately s. 47F(1) . On s. 47F(1) /2011, a post-arrival support package was approved to assist s. 47F(1) with his initial re-integration and re-establishment of contact with his close family members, post-arrival in s. 47F(1) . The package comprises 7 nights’ pre-paid hotel accommodation in s. 47F(1) and a cash allowance of AUD$232.00 (7 days’ incidentals allowance @ AUD$30.00/day plus 1 x monthly transportation ticket @ AUD$22.00). Consideration of s. 47F(1) post-arrival support needs took account of his individual circumstances, including: that he has been in Australia since s. 47F(1) ; that BV’s granted to him since

Other Matters

s. 47F(1)

Australian Government Department of Immigration and Citizenship
Family considerations

s. 47F(1)

Incidents/Character Concerns During his detention in VIDC from s. 47F(1) /2004 – s. 47F(1) /2004, threatened to commit suicide and to hunger strike.

s. 47F(1)

On arrival at VIDC on s. 47F(1) /2011, s. 47F(1) expressed his intention to refuse all food and drink in order to cause his kidneys to fail. The Health Service Provider (HSP) has regularly reviewed health since his second detention and most recently advised on s. 47F(1) /2011, as follows, “Client was seen this am and he was looking well, nil concerns other than being in detention. He states that he has loss of appetite due to his situation but he had dinner last night and breakfast this am, which was witnessed by Serco staff as well. He states that his appetite would be fine in the event of getting good news”.
s. 47F(1)

s. 47F(1)

On s. 47F(1) /2011, s. 47F(1) threatened he would set himself on fire outside the department’s building at 26 Lee Street, Sydney, if the department obtained a s. 47F(1) travel document. On s. 47F(1) /2011, the NSW Police Liaison Unit (PLU) advised that there is a warrant outstanding for s. 47F(1) On s. 47F(1) /2011, the PLU confirmed that NSW Police advised they do not intend to apply for a Criminal Justice Stay (CJS) certificate or visa and have no objection to the proposed removal.

Australian Government Department of Immigration and Citizenship
Ombudsman Complaints On s. 47F(1) /2011, the Department received a request from the Commonwealth Ombudsman for information, in relation to a complaint made by s. 47F(1) concerning the non-referral to the Minister of his eighth MI request. On s. 47F(1) /2011, the department responded to this request. On s. 47F(1) /2011, the Ombudsman advised that the investigation was closed. On s. 47F(1) /2011 s. 47F(1) made a further complaint to the Commonwealth Ombudsman. s. 47F(1) central complaint was that the Department planned to effect his removal on s. 47F(1) /2011 in spite of his outstanding MRT appeal of the decision not to grant him a BVE. On s. 47F(1) /2011 the Commonwealth Ombudsman found that s. 47F(1) ongoing MRT appeal did not constitute a barrier to his removal.