The ombud’s investigation into Home Affairs’ management of migration detention found the department unlawfully detained 30 people in 2024-25, compared to 11 the previous year.
The Department of Home Affairs unlawfully detained an Australian citizen for 945 days, according to the Commonwealth ombud.
The person, identified as “Mx B”, was released from prison in 2022 and immediately detained for deportation to New Zealand.
Despite Mx B’s claims to be an Australian citizen and three assessments by the department, they weren’t released until New Zealand’s government told Home Affairs in 2025 that Mx B definitely wasn’t one of theirs.
Later that month, the detainee’s legal representative pushed for Home Affairs to have another look at whether Mx B was a citizen.