Several people indicated that they had received independent legal or migration advice regarding their case. However, a significant number had not received independent advice or assistance, often due to difficulties in affording private legal fees or the limited availability of pro bono legal representation. A number of people highlighted the challenges of managing complex legal matters (such as court appeals) without specialist legal expertise. The Commission is concerned that the limitations of the case management system may delay or complicate the status resolution process. As a result, people may be detained for longer periods than is necessary or miss opportunities for status resolution simply because they were unaware of their options or how to pursue them. The Commission therefore considers that it would be beneficial to review the case management system, to determine whether it is operating as effectively as possible to assist people in detention to resolve their status. the limitations of the Status Resolution Officer role, it is particularly important that people in detention are able to access alternative forms of advice and assistance with status resolution. The Commission therefore considers that Status Resolution Officers should have the capacity to assist people in detention to access independent legal and migration advice, for example through providing information and referrals to relevant services (such as Legal Aid and specialist migration and asylum seeker advice services). The Department of Home Affairs should review the case management system for people in immigration detention to determine: a) the extent to the case management system addresses the needs of people in detention b) whether the case management system is operating as effectively as possible to facilitate status resolution, including through ensuring that people in detention have access to sufficient advice their status and options for resolution. Recognising the limited role of Status Resolution Officers, the Department of Home Affairs should introduce capacity for Status Resolution Officers to provide people in detention with appropriate information and referrals to independent migration and legal advice.
Several people indicated that they had received independent legal or migration advice regarding their case. However, a significant number had not received independent advice or assistance, often due to difficulties in affording private legal fees or the limited availability of pro bono legal representation. A number of people highlighted the challenges of managing complex legal matters (such as court appeals) without specialist legal expertise. The Commission is concerned that the limitations of the case management system may delay or complicate the status resolution process. As a result, people may be detained for longer periods than is necessary or miss opportunities for status resolution simply because they were unaware of their options or how to pursue them. The Commission therefore considers that it would be beneficial to review the case management system, to determine whether it is operating as effectively as possible to assist people in detention to resolve their status. the limitations of the Status Resolution Officer role, it is particularly important that people in detention are able to access alternative forms of advice and assistance with status resolution. The Commission therefore considers that Status Resolution Officers should have the capacity to assist people in detention to access independent legal and migration advice, for example through providing information and referrals to relevant services (such as Legal Aid and specialist migration and asylum seeker advice services). The Department of Home Affairs should review the case management system for people in immigration detention to determine: a) the extent to the case management system addresses the needs of people in detention b) whether the case management system is operating as effectively as possible to facilitate status resolution, including through ensuring that people in detention have access to sufficient advice their status and options for resolution. Recognising the limited role of Status Resolution Officers, the Department of Home Affairs should introduce capacity for Status Resolution Officers to provide people in detention with appropriate information and referrals to independent migration and legal advice.