Vivian Alvarez Solon (born 30 October 1962) is an Australian who was unlawfully removed to the Philippines by the Department of Immigration and Multicultural and Indigenous Affairs (DIMIA) in July 2001.
[1] The report revealed that several senior DIMIA officials in Canberra knew about Solon's unlawful deportation in 2003 and 2004, and failed to act.
According to a police report, Solon had left her five-year-old son at the Brisbane City Hall childcare facility on 16 February 2001, but did not return to pick him up.
A social worker Guing Coop who visited Solon at the hospital identified that she was of Filipino background, and suspected that she was an illegal immigrant.
On 17 July, Queensland Police officially listed Solon as a missing person, several months after she had failed to collect her son from childcare.
At the same time, a DIMIA officer in Brisbane who had worked on Solon's case in 2001 also saw the Crime Stoppers segment, and informed her supervisor.
Vanstone then ordered the Australian Federal Police (AFP), in cooperation with the National Bureau of Investigation (NBI) in the Philippines, to locate Solon.
While watching the news on ABC Asia Pacific, Catholic priest Father Mike Duffin, an Australian from Saint Vincent's Parish Church, watched reports about the hunt for Vivian Solon and wondered if the reports may have referred to a Vivian that was brought to the Mother Teresa Sisters, Missionaries of Charity, in Olongapo City by Australian representatives four years ago.
Following identification of Vivian Solon at the Mother Teresa Sisters, Missionaries of Charity, the Australian Government sent consular officials to confirm her identity.
Senator Vanstone announced that if Ms Solon wished to return to Australia, the Australian Government would provide assistance for her to do so.
Lateline confirmed with the Department of Foreign Affairs and Trade on 14 May 2005 that Ms Solon had been issued a passport, valid at the time she was deported.
The Solon case was initially referred to the Palmer Inquiry, which was set up to inquire into the unlawful detention of Cornelia Rau in an immigration facility.
Senator Vanstone decided that the case should be inquired into separately, and instructed the Commonwealth Ombudsman, Professor John McMillan, to hold an investigation.
"Premier of Queensland Peter Beattie had also written to Prime Minister John Howard calling for a Royal Commission into Solon's deportation, and the detention of Cornelia Rau.
According to Beattie, the framework of the Palmer inquiry did not provide sufficient legal protection, leading to the refusal of twelve Corrective Services staff to give testimony.
The report was strongly critical of DIMIA, concluding that a combination of incompetence, inadequate training, improper data systems and poor management led to Solon's deportation.
"The inquiry concluded that DIMIA officials had simply acted on unfounded assumptions about Solon, rather than discovering real evidence.
The initial investigation did not take into account the fact that Solon had been treated in the psychiatric ward in Lismore, which might have explained inconsistencies in evidence she gave to DIMIA officials.
Following the release of the report, Senator Vanstone announced that A$50.3 million would be spent on a College of Immigration, Border Security and Compliance in order to train DIMIA staff.
"Before Ms Solon's return to Australia, there was speculation in both the media and in the legal community about the possibility of a compensation claim being brought by her against the Commonwealth Government and/or the Department of Immigration.
Sydney-based lawyer George Newhouse brought a legal team together including former Federal Court Judge and Human Rights and Equal Opportunity Commission president Marcus Einfeld Q.C.
Criticism of this government over its immigration policy is simply waived away; only when they have to pay money will they sit up and take notice.On Solon's return to Australia on 18 November 2005, Marcus Einfeld Q.C.
confirmed that her compensation would be determined by retired High Court Judge Sir Anthony Mason after she and her legal team had reached agreement on the form of a private arbitration.
On 30 November 2006, Mason awarded Solon a compensation payout, reported by The Age newspaper as A$4.5 million, although the Australian Government refused to confirm the amount, citing privacy reasons.