Department of Home Affairs

Email Dated 26 May 2023 From The Assistant Secretary Migration And Citizenship Litigation Sent To Minister Giles’ Office And Minister O’neil’s Office; Email Dated 22 August 2023 From The Acting…

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Email Dated 26 May 2023 From The Assistant Secretary Migration And Citizenship Litigation Sent To Minister Giles’ Office And Minister O’neil’s Office; Email Dated 22 August 2023 From The Acting Assistant Secretary; Ministerial Submission Sent To Minister Giles, Dated 28 August 2023; Email Dated 5 September From The General Counsel Sent To Minister O’neil And Minister Giles’ Offices; Email Dated 13 September 2023, From The Acting Fas; Email Dated 19 September 2023 From Assistant Secretary Migration & Citizenship Litigation Sent To Minister O’neil And Minister Giles’ Office; Email Dated 3 October 2023 From Acting FAS Immigration Policy, Integrity And Assurance Sent To Minister O’neil And Minister Giles’ Offices; Email Dated 20 October 2023 From The Assistant Secretary Migration & Citizenship Litigation Sent To Minister O’neil And Minister Giles’ Offices; Email Dated 30 October 2023 From The Assistant Secretary Migration & Citizenship Litigation Sent To Minister O’neil And Minister Giles’ Offices; Minutes Etc. Relating To The Meeting Between Minister Giles’ Office, Minister O’neil’s Office And Departmental Officials On 31 October 2023;email Dated 3 November 2023 From The Acting First Assistant Secretary Immigration Policy, Integrity And Assurance To Minister O’neil’s Office And Minister Giles’ Office; Any Minutes, Documents, Text Or Instant Messages And Other Correspondence Relating To The Meeting Between Minister Giles’ Office, Minister O’neil’s Office And Departmental Officials That On 7 November 2023;any Minutes, Documents, Text Or Instant Messages And Other Correspondence Relating To The Meeting Between Minister Giles, Minister O’neil, Departmental Officials, AGS And Others That Took Place On 8 November 2023 At 18:00, Discussing High Court’s Decision; Any Minutes, Documents, Text Or Instant Messages And Other Correspondence Relating To The Meeting Between Minister Giles, Minister O’neil, Departmental Officials And Others That Took Place On 9 November 2023 At 11:30 ​

FA 24/03/00018 Released 38 pages PDF

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Documents released cover ministerial correspondence and departmental submissions from May to November 2023 concerning a High Court matter involving a detainee. A ministerial submission dated 28 August 2023 recommends ministerial intervention under sections 195A and 197AB of the Migration Act 1958 regarding visa options for an individual in detention. The submission presents three pathways: granting a Humanitarian Stay (Temporary) visa (subclass 449) with a Bridging E visa (subclass 050); issuing a Bridging (Removal Pending) visa (subclass 070) with case review provisions; or making a residence determination under section 197AB to allow community residence. The Department requested a ministerial decision by 30 September 2023, with timing emphasizing same-day release if intervention occurred to avoid prolonged detention. Subsequent correspondence between Ministers Giles and O'Neil's offices and departmental

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