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Letter to Director Regional Processing and Resettlement Department of Home Affairs







                                                                                                19th October 2020

REF: MC20-022077

Dear Director,

Thank you for your letter of 6th October in response to my letter of 27th July 2020.

In your letter, you state, inter alia, that “the length and conditions of immigration detention are subject to regular internal and external review”, and you go on to cite a number of external bodies and processes to support your statement. I am familiar with the details of the numerous reports and investigations into the conditions for asylum seekers held in detention, and with the findings of these investigations.

What I am unable to discern from your letter, however, is any evidence of a statutory framework which might underpin the review process. I would therefore be most interested to know:

·       What is the statutory basis for the review process and the related timeframes for the reviews?

·       What is the statutory process for the review of the length of a person’s detention?

·       What provision is there in the process for consideration of natural justice issues?

·       Does a detainee have the right to a review of a decision to not grant a residence determination/ to maintain detention?

I would very much appreciate a response to the above questions at your earliest convenience..

Yours sincerely,


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