DIMA Annual Report 1997-98
Sub-program 1.2: Migration Program
Objective
Description
Performance information
Financial and staffing resources summary
Performance outcomes
Objective
To contribute to Australia's economic and social interests by advising the Government on formulating the migration program and managing planning levels according to policy priorities.
Description
This sub-program is primarily responsible for delivering the Government's migration (non-humanitarian) program.
This involves processing of migration applications for permanent residence (other than business related migration applications which are discussed under sub-program 1.3) at overseas posts as well as at DIMA offices within Australia.
The sub-program also provides advice and support to the Government in the development of the annual Migration Program and monitoring its delivery according to the Government's policy priorities.
The Migration branch coordinates the overall program management strategy and policy advice on relevant permanent entry categories. The Department's network of overseas posts and its regional offices in Australia are responsible for delivery of the migration program.
[ Top Of Page ]Performance information
Outcomes are measured by the extent to which:
- the Migration Program is delivered on target;
- the Minister's community consultations are effectively managed;
- policy and processing integrity is achieved;
- State-specific migration mechanisms are developed and successfully implemented;
- a positive economic and budgetary impact is achieved; and
- the Minister is satisfied with the advice provided.
Financial and staffing resources summary
1997–98 |
1997–98 |
1996–97 |
|
| Budgetary (cash) basis | |||
| Components of appropriations | |||
| Annual appropriations | |||
| Running costs | 14 042 |
12 243 |
n/a |
| Other program costs | 1 013 |
1 559 |
n/a |
| Total appropriations | 15 055 |
13 802 |
n/a |
| Less adjustments | 784 |
967 |
n/a |
| Total outlays | 14 271 |
12 835 |
n/a |
| Total revenue | 126 217 |
125 184 |
n/a |
| Staffing | |||
| Staff years (actual) | 197 |
200 |
n/a |
Due to program restructures in both 1996–97 and 1997–98, sub-program figures for 1996–97 actuals are not meaningful for comparative purposes to 1997–98 figures. They have therefore not been included here.
[ Top Of Page ]Performance outcomes
(i) Migration program delivered on target
The 1997–98 migration program was set at 68 000 places. Approximately 51 per cent of places were allocated to the skilled stream, 47 per cent to the family stream, and the remainder to special eligibility. The program was delivered at 67 100 visas, with 52 per cent in the skill stream and 47 per cent in the family stream.
The program management strategy was fine tuned throughout the year to deliver the program announced by the Government and, in particular, to ensure that the Government's objective of shifting the balance of the program from the family stream to the skill stream was achieved.
During 1997–98, several sub-classes within the family stream were capped under the 'cap and queue' provisions of sections 85 and 86 of the Migration Act 1958 (the Act). In effect, this means that when the number of visa grants set for the sub-class has been reached, no further visas may be granted in that sub-class for the rest of the financial year. The applications continue to be processed, but are 'queued' until the following financial year. The caps were reached progressively, with the first in September 1997.
To ensure orderly management of the capped sub-classes and their queues, the Minister issued General Direction No. 6 (GD6) on 10 May 1998, under section 499 of the Act. GD6 deals with the disposal of applications in capped sub-classes, giving priority to:
- grants arising from the exercise of the Minister's power of intervention;
- cases remitted, following review and the courts; and
- all other applications in queue date order.
Table 1.2 (a): 1997–98 Migration Program outcomes
| Migration categories |
Visas |
Visas |
Increase/ |
| Spouse | 22 130 |
22 440 |
1.4 |
| Fiancé | 3 000 |
3 350 |
11.67 |
| Child | 1 900 |
1 910 |
0.53 |
| Adopted child | 300 |
280 |
-6.67 |
| Parent | 7 580 |
1 080 |
-85.75 |
| Preferential family | 1 930 |
1 860 |
-3.63 |
| Interdependent | 400 |
390 |
-2.5 |
| Family sub totals | 37 240 |
31 310 |
-15.92 |
| ENS/Labour Agreement/RSMS | 5 560 |
5 950 |
7.01 |
| Business Skills | 5 820 |
5 360 |
-7.9 |
| Independent | 15 000 |
13 270 |
-11.53 |
| Skilled Australian-Linked1 | 7 340 |
9 540 |
29.97 |
| Distinguished talent | 190 |
180 |
-5.11 |
| 1 November onshore | 980 |
370 |
-62.24 |
| Skill sub totals | 34 890 |
34 670 |
-0.63 |
| Special eligibility | 1 730 |
1 110 |
-35.84 |
| Total program | 73 900 |
67 100 |
-9.2 |
1 Includes Regional Australian-Linked
(ii) Community consultations managed effectively
The community consultation process for the 1998–99 migration program included 36 face-to-face meetings conducted by the Minister compared with 29 meetings in 1996–97. There were also two meetings (one in Melbourne and one in Perth) which were open to the general public and the media. In total, around 1 700 people participated in the consultations, representing a wide range of community groups and other organisations.
Written submissions were sought from the public through advertisements in the national press. The Minister also wrote to umbrella organisations inviting written submissions. There were 142 written submissions, compared with 240 in 1996–97, and they expressed a wide range of views.
A summary of the views expressed was included in the Government's consideration of the
1998–99 migration and humanitarian programs. A detailed analysis was prepared for the Minister, including identification of follow-up action arising from the consultations. These follow-up actions are being monitored to ensure commitments are met.
(iii) Policy and processing integrity
Initiatives introduced or developed in 1997–98 include increased spouse/fiance bona fides testing, the Resolution of Status (RoS) visas and work towards the implementation of the requirements of the Hague Convention on inter-country adoptions.
[ Top Of Page ]Spouse/fiancé bona fides
On 3 July 1996 the Minister announced a package of measures aimed at enhancing the integrity of spouse, prospective marriage (fiancé) and interdependency migration provisions. One of these measures was the enhancement of the bona fides assessments of spouse, fiancé and interdependency applications.
The enhanced bona fides assessment strategy involved a far more rigorous assessment of applications, including a greater use of interviews, increased checking of documentation, closer investigation of claims (when doubts are held about supporting evidence) and provision of training to decision makers. The full impact of the enhanced bona fides strategy emerged during 1997–98.
[ Top Of Page ]Chart 1.2 (1): Spouse, fiancé and interdependency visas
See: Chart 1.2 (1)
Compared with two years ago, there has been a 29 per cent decline in the global application rate in these categories and average refusal rates over the same period have almost doubled.
In spite of the increase in refusal decisions and a corresponding increase in requests for review, in the past 12 months the number of cases overturned by the Migration Internal Review Office (MIRO) and the Immigration Review Tribunal (IRT) decreased by around 50 and 20 per cent respectively.
An inference which could be drawn, is that non-genuine applicants are being deterred from applying and many of those who do apply fail to meet the more rigorous criteria.
Resolution of Status (RoS) visas
RoS visas were introduced on 1 October 1997 to make permanent residency available to certain citizens of particular countries who have been in Australia under humanitarian arrangements and who have remained in Australia for some time with their status unresolved. This category provides for citizens of:
- Iraq or Kuwait, who arrived on or before 31 October 1991;
- Lebanon, who arrived on or before 30 October 1991;
- the People's Republic of China or Sri Lanka, who arrived on or before 1 November 1993; or
- a country in the former Yugoslavia region, who arrived on or before 1 November 1993.
Final resolution of these cases, which have been in abeyance for some time, will assist in ensuring an orderly approach to the migration program in future years.
RoS applicants are granted temporary visas as a first step and become eligible for permanent visas once they have been in Australia for a total of 10 years, provided they continue to meet the Department's health and character requirements.
The on-shore application period for RoS visas closed on 31 March 1998. Certain immediate family members of on-shore applicants were able to apply overseas until 30 June 1998.
A total of 6 570 people have applied for RoS visas; it is anticipated that for most, if not all of these, a decision will have been made before 31 March 1999.
Six class actions currently before the Federal Court are challenging aspects of the RoS visas by people whose citizenships and dates of arrival are other than those specified in the regulations. The two actions heard have been decided in the Minister's favour. These decisions are under appeal.
[ Top Of Page ]Hague Convention on Inter-country adoptions
In July 1997, the Community Services Ministerial Council agreed to support ratification of the Hague Convention on Protection of Children and Co-operation in Respect of Inter-country Adoption. The Convention's objectives are to:
- ensure that inter-country adoptions take place in the best interests of the children concerned, and according to consistent law and process;
- eliminate the abduction of, traffic in, and sale of children; and
- ensure that the children concerned enjoy safeguards and standards equivalent to those which exist in the case of national 'in-country' adoption.
The Convention is expected to be implemented for Australia on 1 December 1998. Amendments to the Migration Regulations to provide for adoptions under the Convention are expected to start on the same date. The amendments will provide enhanced safeguards for the protection of children adopted overseas by Australians from countries which are party to the Convention.
[ Top Of Page ]Inter-country adoption agreement with China
Discussions continued for an inter-country adoption agreement with China by the Victorian Department of Human Services, on behalf of all Australian States and Territories.
In July 1997, the Community Services Ministerial Council agreed to amend the Family Law Act 1975 to provide for the automatic recognition of overseas adoptions from countries which have a bilateral agreement with Australia but which are not a party to the Hague Convention. At this stage, only China is to be prescribed for this purpose.
The Migration Regulations to provide for such adoptions are expected to start at the same time as the Family Law (Bilateral Arrangements – Intercountry Adoption) Regulations in August 1998. The changes will ensure appropriate recognition of adoptions made in accordance with the bilateral agreement with China and provide enhanced safeguards for the protection of children, similar to those provided by the Hague Convention.
[ Top Of Page ](iv) State-specific migration mechanisms
The Government has taken major steps to increase the ability of State/Territory governments to influence the level and composition of skilled migration to their areas, particularly in regional Australia. Mechanisms which State/Territory governments can use include:
- designating some or all of their State/Territory for concessional treatment, in terms of attracting skilled and business migrants (but without undermining core criteria).This means that people who live in a designated area obtain an advantage in terms of sponsoring their young, skilled, English-speaking relatives. Temporary residents who have established a business in Australia can more readily convert their migration status to permanent residence if their business is in a designated area;
- promoting and facilitating the Regional Sponsored Migration Scheme (RSMS). Some State/Territory government agencies act as certifying bodies under the RSMS to streamline the entry of skilled migrants needed by employers. As at 30 June 1998, there were 26 certifying bodies which had been approved by the Minister. In 1997–98, there were 581 visas issued under the RSMS, which is an increase of 422 over the result for 1996–97; and
- nominating skilled migrants under the State/Territory Nominated Independent category (STNI). This category started in November 1997 and has been used only by the South Australian Government. As at 30 June 1998, there were five nominated skilled migrants under the STNI Scheme. This figure is expected to increase significantly during 1998–99, particularly if additional State/Territories decide to participate.
See photo: Claire Bisgood – a geologist recruited through RSMS in Western Australia.
The Ministerial Council meeting in March 1998 agreed to establish a Commonwealth-State Working Party to investigate long-term skilled migration options and their impact on infrastructure, employment and sustainable economic development. The Working Party held its first meeting on 26 June 1998 and will report to Ministers in early 1999.
[ Top Of Page ]Chart 1.2 (2): Regional migration increase (persons) 1996–97 to 1997–98
(v) Achieving a positive economic and budgetary impact
The Government commissioned a number of studies and reviews during 1997–98 to provide a basis for further improvements in the economic and budgetary impact of the migration program. Chief among these were:
- research papers into the macro-economic and budgetary impact of changes to the migration program;
- the Review of parent entry; and
- the Review of the Independent and Skilled Australian-Linked Points Test.
Macro-economic and budgetary impact
An econometric study of the impact of changes to the migration program since 1995–96 and further changes being considered confirmed the generally positive impact on per capita Gross Domestic Product (GDP).
The study undertaken by Mr Chris Murphy of Econtech found
- the increased emphasis on the skill stream of the migration program; and
- the changes to skill, age and English language standards, within the points tested categories implemented during the last two years, have resulted in an increase in the skill level of the Australian workforce.
The existing changes are projected to result in an increase of 0.44 per cent of GDP or $95 per year in annual living standards per person by 2007–08. A further gain of $39 per person could be expected from the changes proposed by the review.
The Department has also undertaken extensive work, in conjunction with the Department of Finance and Administration, to quantify the budget impact of each category of immigration during the first five years after arrival. This assessment has highlighted the overall positive impact of immigration on the Commonwealth Budget, particularly following the re-balancing of the Migration Program and other policy changes, such as the two-year wait for Social Security benefits.
The Department has commissioned ACIL Economics to validate this costing with a view to producing a report for publication.
[ Top Of Page ]Review of parent entry
In May 1997, the Minister commissioned the Department to undertake a review of entry arrangements for parents and other aged relatives. This was a response to concerns about public health and welfare costs associated with migrant entry in these categories.
In February 1998, an information paper was circulated to interested groups for comment. The paper cited research that older migrants find it difficult to make a positive net economic contribution to Australia to cover the costs they incur. These migrants have a greater dependency on services being used by our ageing population and, if of working age, experience extreme difficulty obtaining employment.
On 8 April 1998, following consultations, the Minister announced measures to restrict the entry of parents and aged relatives while ensuring that these migrants and their sponsors, rather than the general community, meet more of the costs associated with their entry.
From 1 November 1998, migrant entry as a parent under the family stream will only be available to offshore aged parent applicants (currently women aged 61 and men aged 65). Applicants must still meet the balance of family test, which requires that at least half the applicant's children are permanently living in Australia. Working age parents are not eligible to apply under the new arrangements. Similarly, entry as an aged dependant relative is also restricted to offshore applicants.
Aged parents who are applicants under the former arrangements can make a further application under the new arrangements, without incurring another visa application charge (first instalment). An application under the new sub-class has the advantage of a higher processing priority.
The costs of migrating under the new arrangements have increased. From 1 November 1998, the Assurance of Support bond increased to a level it would have reached had it been indexed from the time of its introduction in 1991. Assurers for parents and aged dependent relatives are now means tested to ensure they have the capacity to 'assure' the applicant.
The second instalment of the visa application charge, which offsets costs to the health budget arising from migrants, increased from $940 to
$5 000. This represents less than 20 per cent of the average cost of health services (not including nursing home services), incurred by people aged over 65 for the remainder of their lives.
[ Top Of Page ]Review of the Independent and Skilled Australian-linked categories
On 21 May 1997, the Minister announced a review of these two categories to identify means of improving the selection criteria and mechanisms used. The review has been guided by an External Reference Group, comprising representatives from industry, the union movement, migrant communities and a migration agent. The final report will be completed early in 1998–99.
Research undertaken for the review has shown that skilled migrants make a positive contribution to the Australian economy.
In addition to having higher levels of income than family stream migrants, they also spend more on housing, transport and other major household expenditure items.
Skilled migrants have unemployment rates close to, or below, the Australian average within three years after arrival in Australia.
By the year 2007–08, every Australian will have had an increase of $95 in their annual living standard as a result of the increased emphasis on skilled migration.
On 1 July 1998, on the basis of these preliminary findings, the Government introduced a five point increase for applicants aged 35–39 and 40–44, as well as a bonus five points for applicants with an Australian post-secondary qualification.
(vi) Minister's satisfaction with advice provided
The Minister was provided with a range of advice on trends in the migration program and policy issues arising from these. Satisfaction with this advice is evident from the range of actions and initiatives which have followed, including:
- development of additional State-specific migration mechanisms;
- implementation of some of the preliminary recommendations of the review of the points-tested categories;
- commitment to implement a range of changes associated with the entry of parents and aged dependent relatives; and
- successful defence in the courts of the new regulations governing the Resolution of Status visas.