Border Force illegally sent two Aust citizens to Christmas Island

Sydney: The Australian Border Force illegally detained two Australian citizens and sent them to Christmas Island in an episode reminiscent of the Cornelia Rau and Vivian Solon cases of more than a decade ago.

Guardian Australia understands the two men are New Zealand-born, but hold dual Australian citizenship.

The government detained the men under section 501 of the Migration Act, which allows for detention and deportation if the minister or a delegate judges that a person who is not a citizen fails the “character test”, usually because he or she has committed a criminal offence. When the error was realised the men were released from detention.

Late Tuesday, a spokesperson for the immigration department confirmed the unlawful detention, saying “two individuals were detained after their visas were cancelled mandatorily under section 501.

The circumstances surrounding their detention have been reviewed and appropriate safeguards have been implemented.”

Border Force has been plagued by controversy since its inception as the “operational arm” of the immigration department in 2015.

This year the Australian National Audit Office condemned Border Force for illegally searching people and homes and found its staff were not properly trained in the use of force.

And it emerged on Monday that the ABF commissioner, Roman Quaedvlieg, is on extended leave and facing an external investigation over allegations of impropriety in a “perso

nal matter” involving a subordinate member of staff and an allegedly irregular promotion with the ABF.