A/HRC/WGAD/2017/71
identity investigation in 2016, which had also found that Mr. Imasi’s claimed identity could
not be supported. The Government alleges that Mr. Imasi has not been cooperative in
providing information to the Department of Immigration and Border Protection by
consistently providing contradictory biographical details. Extensive international identity
checks are currently being conducted and the investigation will be finalized as soon as
possible.
29.
The Government denies that Mr. Imasi, as an asylum seeker, had been denied the
possibility of administrative or judicial review or remedy, arguing that the decisions to refuse
Mr. Imasi protection were subject to both merits review and review by courts. On 11 June
2010 and 6 November 2013 respectively, Mr. Imasi lodged permanent protection visa
applications, which were both denied, as the Department of Immigration and Border
Protection found that Mr. Imasi’s case did not engage the protection obligations of Australia.
Both of those decisions were subsequently reviewed by the Refugee Review Tribunal, which
confirmed them.
30.
The Government argues that on 26 July 2017, the Minister for Immigration and Border
Protection agreed to intervene under section 48B of the Migration Act to allow Mr. Imasi to
lodge an application for a temporary protection visa or a safe haven enterprise visa. On 5
September 2017, the Department of Immigration and Border Protection advised Mr. Imasi of
that decision and he lodged an application for a safe haven enterprise visa on 13 September
2017.
31.
The Government objects to the source’s claim that Mr. Imasi’s detention is not
reasonable, necessary and proportionate. According to the Government, limitations on rights
in international law are permissible provided they are necessary in order to achieve a
legitimate aim and are reasonable, necessary and proportionate to that end. The Department
of Immigration and Border Protection argues that the detention of unlawful non-citizens
meets that standard because it is necessary to ensure the integrity of the Australian migration
programme.
32.
The Government underlines Mr. Imasi’s failure to cooperate with the Department of
Immigration and Border Protection in its attempts to establish his identity. It notes that three
review mechanisms are available for a regular review of the merits of detention: (a) detention
review managers who ensure the lawfulness and reasonableness of detention by reviewing
all detention decisions; (b) detention review committees, held monthly, to review the ongoing
lawfulness and reasonableness of the decision to detain in relation to all detention cases; and
(c) part of the ongoing review of individuals in immigration detention includes a risk-based
approach to the consideration of the appropriate placement and management of an individual
while their status is being resolved.
Additional information from the source
33.
On 27 September 2017, the reply from the Government was transmitted to the source
for its additional comments, with a request to reply by 11 October 2017. The source
responded on 6 October 2017.
34.
In its response, the source contests the submission by the Government that Mr. Imasi
has been uncooperative in the attempts of the Department of Immigration and Border
Protection to establish his identity. The source submits that Mr. Imasi’s case is an extreme
example of statelessness, as he has no known birth date, birth place or family origins. The
source submits that Mr. Imasi has attempted to assist the authorities, including by providing
his fingerprints for the authorities to send to various organizations both domestically and
internationally, but that he is unable to provide the Department of Immigration and Border
Protection with the information requested as he simply has no knowledge of it. The source
argues that the authorities have had eight years to conduct the investigations, which have not
provided any conclusive information. In the view of the source, that should indicate to the
authorities that the information sought really does not exist.
35.
The source confirms that Mr. Imasi was given an opportunity to reapply for a
protection visa in September 2017. However, the source expresses doubts about the potential
outcome of that application, as the application form required the details of Mr. Imasi’s
5