A remarkable effort here from Anthony Byrne – ALP Member for Holt – more than 700 words and we still have no idea where he stands…

If you are aware of any candidates for Holt who can answer a question, please let us know!

“Thank you for your email about the detention of irregular maritime arrivals (IMAs) who are the subject of adverse security assessments (ASA) by the Australian Security Intelligence Organisation (ASIO). I apologise for the delay in getting back to you.

The Department of Immigration and Citizenship (DIAC) refers IMAs to ASIO for security assessment to inform decision-making.  When this occurs, ASIO’s role is to assess whether it would be consistent with Australia’s security for a person to be granted a visa.  ASIO’s priority and responsibility is to ensure that Australia’s security is not compromised.

ASIO issues an ASA where it assesses an individual to be directly or indirectly a risk to security within the meaning of section 4 of theAustralian Security Intelligence Organisation Act 1979. Individuals are advised in writing by DIAC officers of the outcome of their security assessment.

It is the Government’s policy to detain asylum seekers who are the subject of ASAs and who have been assessed as being owed protection obligations, pending the resolution of their case.  The Government will continue to explore third country resettlement options for those individuals.  The Government takes its international obligations seriously and does not return persons found to be refugees to a country where they face a real risk of irreparable harm or where their life or freedom will be threatened.

I understand that you have concerns about this process. The Hon Margaret Stone commenced as the inaugural Independent Reviewer of Adverse Security Assessments on 3 December 2012.  Ms Stone is a former Judge of the Federal Court and an eminent Australian, with significant experience in legal, immigration and national security matters.  Ms Stone has recently written to people in immigration detention eligible for review, notifying them of their entitlement to seek review and attaching the application form.  It is a matter for Ms Stone how particular cases will be prioritised.

The Independent Reviewer’s role is to examine the materials relied upon by ASIO and provide a recommendation to the Director-General of Security. The Reviewer will report these findings to the Attorney-General, the Minister for Immigration and Citizenship and the Inspector General of Intelligence and Security.  The Reviewer will conduct a 12 month periodic review of adverse security assessments for all eligible people.

When an eligible person makes a request for independent review, they will be provided with an unclassified written summary of reasons for the decision to issue an adverse security assessment.  The reasons will include information that can be provided to the eligible person to the extent able without prejudicing the interests of security.

The Inspector-General of Intelligence and Security (IGIS) also maintains oversight of ASIO’s security assessment function.  Although it is not a function of the IGIS to review the merits of adverse security assessments, under the Inspector-General of Intelligence and Security Act 1986, the IGIS may review the legality and propriety of associated ASIO practices and procedures.

An individual who is the subject of an adverse security assessment may also seek judicial review of the security assessment in the High Court or the Federal Court.

DIAC is responsible for immigration detention arrangements.  However, I am advised that DIAC gives careful consideration to the most suitable placement of people in immigration detention with an adverse security assessment.  Accommodation placement decisions are made on a case-by-case basis, taking into account the person’s individual level of security risk and their care needs.  Accommodation placement decisions are subject to regular reviews to ensure that the placement remains appropriate, including departmental senior officer and Commonwealth Ombudsman reviews.

Irrespective of the type of immigration detention facility in which a person is accommodated, every effort is made by DIAC and its service providers to ensure the person has access to services and support arrangements appropriate to their needs and circumstances. People in immigration detention have access to a range of services, programs and activities. These include, but are not limited to, English language classes, cooking, sports, computer classes, music lessons and excursions.  They also have access to specialist health and mental health services delivered by qualified, registered and trained health care professionals.

Thank you for raising these important issues with me. I trust that this information is of assistance.

Should you have any further queries or if there is any other way that I can be of assistance then please do not hesitate to contact me via email or on (03) 9796 7533.

Yours sincerely,

Anthony Byrne MP

Federal Member for Holt”