8 | Treatment of people in detention
The role of status resolution is to assist people in
resolving their immigration status. Status resolution
provide different levels of service to different groups
of people in detention based on assessment of the
cohort type and achievable practical outcomes.
Status resolution options may include applying for
a substantive visa, appealing a visa cancellation, or
voluntarily returning to one’s country of citizenship.
Status resolution officers also refer people for
possible release from detention into alternative
community arrangements. Status resolution staff
previously provided assistance with resolving
welfare concerns for people in detention, but no
longer fulfil this role.
Almost everyone spoken to said that they would
prefer to have more face-to-face interactions
with their status resolution officer. Other centre
staff from Serco, IHMS and ABF also consistently
told the Commission that they were repeatedly
asked visa related questions due to the lack of a
visible presence of status resolution staff. They
were also significantly concerned that the remote
management model that is currently in place, was
not conducive to developing positive relationships
with people in detention.
Status resolution management told the Commission
that there are 3 to 4 staff onsite every day (at the
time of the 2019 inspection, there were 9 onsite
every day)95 though most staff worked remotely and
across the two centres within Western Australia and
Christmas Island. Status resolution management
also expressed concern about staff personal safety
during interviews with the high-risk cohort and
wanting non-contact rooms or the presence of ERT
staff.
The Commission notes that this issue was
being addressed during the inspection, with the
installation of partitions in two interview rooms (see
general security section). Notwithstanding these
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concerns, some individual status resolution officers
told the Commission that they wanted to conduct
more face-to-face interviews. Many other centre
staff also said that they interacted with people in
detention daily, were subject to the same safety
concerns, and could not understand the reluctance
of the status resolution service staff.
In the 2019 inspection, the Commission made
the following observation which, given the above
observations, requires repeating:
People in immigration detention are a
particularly vulnerable cohort, and many
face difficulties articulating their needs or
understanding complex processes. As a result,
the Commission considers that unnecessary
barriers to the delivery of services should be
eliminated. This includes ensuring that all
people in immigration detention have the
opportunity for regular, face-to-face contact,
initiated by a status resolution officer. This
would assist individuals understand their
options, reduce some uncertainty and ensure
status resolution officers are aware of a
person’s individual circumstances. This should
occur irrespective of any legal developments
in a person’s case.96
RECOMMENDATION 30:
The Department should ensure that all
people in immigration detention have
the opportunity for regular, face-to-face
contact with status resolution officers,
including provision of adequate
resourcing for this.