4 | Releases from Hotel APODs
being released under significantly different
conditions, and with different transitional supports
being available to them. The inconsistencies in both
the decisions about when individuals were released
and the circumstances into which they were
released, have created additional confusion and
anxiety amongst the individuals concerned.
It should also be noted that this has occurred to
a group of people – namely the Medevac cohort –
who are recognised as being particularly vulnerable
given both the lengthy time they have spent in
detention (both within Australia and offshore) and
the complex physical and mental health conditions
that led to their being transferred to Australia in the
first place.
There have been a number of significant reviews
and reports examining ministerial discretion in
migration matters and highlighting ‘a pressing
need for reform’.99 These include the 2004 report
of the Senate Select Committee on Ministerial
Discretion in Migration Matters100 and the 2008
Proust Report,101 which both considered the use
of ministerial discretion in migration matters in
the general sense, and other reviews that have
considered specific aspects of these powers.102
While the progressive release of the Medevac
cohort from hotel APODs into alternative
community-based arrangements has been
welcomed, the manner in which these releases
occurred highlight the continuing need to consider
reform with respect to ministerial discretion in
migration matters.
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4.2 The Process of Release
The Commission holds particular concerns about
the way that releases were conducted, both in
terms of the timing and the limited notice that was
provided before releases took place. While it is
acknowledged that the process by which releases
were conducted appeared to improve considerably
over time, there were significant problems
highlighted with the way that the earlier releases in
particular were conducted.
For example, there were reports of a number of
releases occurring on Fridays either close to the
end of the working day, after business hours, or in
one case immediately before a long weekend. This
inevitably made it more difficult for those released
to access essential support and services, with the
failure to notify community support organisations
of the releases only adding to these difficulties.
Media reports described one individual being told
at 9pm on a Friday evening that he was going to be
released and that he had 15 minutes to pack his
belongings.103
There were also reports of no accommodation
having been arranged for those who were
amongst the first groups released, and there did
not appear to be any support plan in place prior
to an individual being released to assist them in
transitioning to living in the community after a
prolonged period in detention.
This placed a considerable burden on communitybased organisations who described receiving
little or no notice of the early releases, but who
were essential in providing immediate support
to the individuals who were released. All of the
community-based organisations that we spoke
to described feeling under significant pressure
at short notice due to the way in which the hotel
APOD releases were conducted. They further