DIMA Annual Report 1997-98
Sub-program 2.1: Compliance and Investigation
Objective
Description
Performance information
Financial and staffing resources summary
Performance outcomes
Objective
To ensure that non-citizens accept and abide by entry, stay and departure requirements.
Description
This sub-program comprises enforcement, deterrence and compliance awareness strategies. These activities include the investigation and prosecution of offences under the Migration Act 1958; the location and removal of unlawful non-citizens; data matching with other Commonwealth agencies; assistance to unlawful non-citizens who wish to regularise their status; employer awareness campaign and the study and implementation of new operational methods and programs.
[ Top Of Page ]Performance information
The performance of the sub-program is measured by the extent to which:
- immigration fraud is effectively addressed by:
- successful investigation and prosecution of people who breach migration law;
- identification of people who are unlawfully in Australia or breaching other visa conditions;
- identification of non-citizens who may be defrauding other departments; and
- cooperation with other Commonwealth departments and law enforcement agencies;
- the overstayer rates are reduced; and
- people voluntarily comply with visa conditions and depart while still lawful.
Financial and staffing resources summary
1997–98 |
1997–98 |
1996–97 |
|
| Budgetary (cash) basis | |||
| Components of appropriations | |||
| Annual appropriations | |||
| Running costs | 15 815 |
18 804 |
n/a |
| Other program costs | 0 |
0 |
n/a |
| Total appropriations | 15 815 |
18 804 |
n/a |
| Less adjustments | 247 |
257 |
n/a |
| Total outlays | 15 568 |
18 547 |
n/a |
| Total revenue | 0 |
0 |
n/a |
| Staffing | |||
| Staff years (actual) | 240 |
250 |
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 in this table.
[ Top Of Page ]Performance outcomes
(i) Immigration fraud
Investigation and prosecution
Immigration fraud is a continuing concern to the Department. Traditionally, immigration fraud is perpetrated to obtain a benefit or advantage to which a person is not entitled, such as prolonging a stay in Australia, gaining access to work, or using Medicare.
In addition, there is an increasing trend internationally for organised crime groups to use immigration fraud to pursue lucrative criminal activities.
The Department's investigations units referred 87 briefs of evidence about immigration fraud to the Director of Public Prosecutions (DPP).
A total of 42 people were convicted for offences against the Migration Act 1958 and other Commonwealth legislation, and the DPP sent warning letters to two other people.
The penalties resulting from these convictions generally consisted of good behaviour bonds and community service, but have ranged up to custodial sentences of six months and fines ranging up to $5 000.
Breaches of visa conditions
Minor fraud, where individuals breach work conditions or supply false information on visa applications, is often more cost-effectively dealt with by visa cancellation.
A total of 4 765 visas were cancelled by immigration officers – 898 of those were cancelled at overseas posts. Cancellations by officers in Australia increased from 2 160 to 3 857; in 1 734 of these cases the individual was overseas at the time.
Of the cancellations which took place in Australia, 860 were on the grounds that circumstances which had permitted the grant of the visa no longer applied, while 648 people had their visa cancelled for breach of work conditions, and 368 student visas were cancelled for failure to satisfy course requirements.
[ Top Of Page ]Fraud on other departments
The Department matches data with other agencies to prevent access by non-citizens to government funded benefits and services to which they are not entitled and to identify those people who may be working in breach of visa requirements. This, in turn, means that non-citizens are less likely to want to remain in Australia unlawfully.
Data matching occurs with the Department of Social Security (DSS) and the Australian Taxation Office (ATO). A pilot data match with the Health Insurance Commission (HIC) has been undertaken, with a view to establishing a long-term data matching program.
These agencies report unlawful non-citizens detected through data matching or in day-to-day operations.
Some 297 locations occurred through data matching, 2 555 through referrals by other agencies, and 444 through referrals by the police. All data exchange arrangements are in accordance with the Privacy Commissioner's data matching guidelines.
Cooperation with other agencies
Other measures designed to reduce illegal employment and access to benefits include:
- the ATO requiring evidence of permission to work before issuing tax file numbers;
- confiscation of Medicare cards, by compliance officers, where they are held by people who should not have access to Medicare; and
- participation in joint operations with the police.
- The Department maintains liaison with law enforcement agencies to:
- enable effective crossportfolio law enforcement coordination;
- enhance the effectiveness of immigration entry controls;
- cooperate on fraud matters under investigation by the Department, including people trafficking; and
- contribute actively to the work of law enforcement agencies in combating crime.
Strategic liaison arrangements include participation in the Heads of Commonwealth Operational Law Enforcement Agencies committee and cooperation with the Office of Law Enforcement Coordination planning committees, such as the Office of Strategic Crime Assessments and the Commonwealth Law Enforcement Intelligence Committee. Close links are maintained with individual law enforcement agencies including the Australian Federal Police (AFP), State Police, the National Crime Authority (NCA) and the Australian Bureau of Criminal Intelligence (ABCI).
Special emphasis is given to speedy exchange of information assisting law enforcement activities. The investigations liaison unit handled 4 167 information requests from Commonwealth and State law enforcement agencies, of which 18 per cent were from the ABCI, 20 per cent from the AFP, 11 per cent from the NSW Police, 29 per cent from the NCA and the remainder from other agencies.
Information on the illegal movement of people is passed back to relevant authorities in the country of origin, to assist with the possible prosecution of organisers.
Fingerprint matching with other countries is used to check the identity of unlawful non-citizens who arrive in Australia without documentation. Where such people apply for protection visas, an identity check may determine whether the applicant has prior protection in another country, or has assumed a false identity.
(ii) Overstayer rates
The number of overstayers in Australia has increased. The estimate at 31 December 1997 was 51 000 compared with 45 100 at June 1996. The number of temporary visa entries into Australia between 1996 and 1997 increased by over 164 000.
[ Top Of Page ]Table 2.1 (a): Overstayers in Australia at 31 December 1997
| Status on arrival | Number |
Percentage of total |
| Visitors | 38 850 |
76.1 |
| Temporary residents | 4 900 |
9.6 |
| Students | 3 400 |
6.6 |
| Other temporary entry categories |
3 850 |
7.5 |
| Totals | 51 000 |
100 |
In addition to the increase in numbers of temporary visitors entering Australia, the higher number of overstayers is also attributable to increased processing of protection visa claims in recent years. More of these people are now becoming unlawful as their cases are finalised and their bridging visas cease. The greatest number of overstayers continue to come from:
[ Top Of Page ]Table 2.1 (b): Source of overstayers
Number |
Percentage of total |
|
| United Kingdom | 5 586 |
11.8 |
| United States | 4 757 |
9.9 |
| Indonesia | 3 497 |
6.8 |
| Philippines | 2 798 |
5.5 |
| P.R.C | 2 735 |
5.4 |
(iii) Voluntary compliance
Australian Bureau of Statistics figures show that a total of 7 416 497 people left Australia between 1 July 1997 and 30 June 1998, after visits or periods of temporary residence.
Of these, departmental figures show that 99.8 per cent had lawful status when they departed (99.8 per cent in 1996–97). Unlawful non-citizens who leave Australia without first notifying the Department of their intentions are recorded by the Department's information systems as they exit through airports. Some 12 078 people departed this way as compared with 9 619 in 1996–97.
Case outcomes, as shown in the following table, were recorded for people who were located or who approached the Department.
[ Top Of Page ]Table 2.1 (c): Case outcomes
1996–97 |
1997–98 |
|
| Departed lawfully | 4 043 |
5 216 |
| Departed lawfully | ||
| under supervision | 252 |
431 |
| Removed | 1 359 |
1 827 |
| Granted a substantive visa | 1 046 |
878 |
| Other | 632 |
553 |
| Bridging visas granted | 3 774 |
|
| Totals | 7 332 |
12 679 |
Officers located 12 679 overstayers, including 3 703 who approached the Department for assistance, and 618 who became unlawful as a result of their visas being cancelled.
This is an increase of 22.6 per cent on 1996–97, when the Department located 10 339 overstayers, including 3 681 who approached the Department. In 1997–98, 1 827 unlawful noncitizens were removed from Australia, compared with 1 359 in 1996–97.
The incidence of illegal work is controlled by a combination of the Employer Awareness Campaign and enforcement activities against work breaches.
The percentage of unlawful noncitizens located, who were known to have worked illegally in Australia, decreased from 21 per cent in 1996–97 to 16 per cent in 1997–98.
The Employer Awareness Campaign aims to support and encourage employers in their role of ensuring that people without the right to work are not employed, and thereby removing the employment incentive for overstaying.
The campaign also promotes liaison between employers and DIMA, particularly on reporting visa overstayers looking for work. The key elements of the campaign are:
- 'Who can I employ', an information kit specially designed to show employers how to check work rights;
- information sessions presented to employers by compliance officers and community awareness sessions;
- publication of employer awareness information in the Group Employer Payment Book, printed by the ATO and distributed to 700 000 employers throughout Australia; and
- supplying a range of information and promotional activities to ensure that visa holders are aware of work and study restrictions which may apply to them, to encourage voluntarily compliance with visa conditions and departure without overstaying. These include:
– advertisements in publications targeting backpackers;
– information on visa conditions and voluntary compliance on the DIMA Internet site; and
– information on visa conditions in departmental forms and information publications.