DIMA Annual Report 1998-99

Sub-program 2.1: Compliance and Investigation

Performance outcomes
(i) Immigration fraud

Investigation and prosecution

Immigration fraud is a continuing concern to the Department. It normally occurs when foreign citizens fail to depart before the expiry of their visas, fail to observe visa conditions, misrepresent their immigration status in order to prolong their stay in Australia without a legitimate reason, or gain access to work, Medicare, or other services to which they have no legal entitlement.

There is an increasing trend internationally for organised crime groups to become involved in immigration fraud, including people smuggling.

Achievements during the year included: identifying a sophisticated Sydney-based people smuggling ring which was bringing Iraqi nationals to Australia illegally; the imprisonment of several people for involvement in contrived marriage schemes; and prosecution of a person for allegedly providing immigration assistance on a large scale commercial basis when he was not a registered migration agent.

During the year, DIMA's Investigations Unit referred 88 briefs of evidence about immigration fraud to the Director of Public Prosecution – 52 people were convicted for offences against the Migration Act 1958 and other Commonwealth legislation.

Penalties resulting from the convictions generally consisted of good behaviour and community service, but there were also heavier penalties, including custodial sentences of up to three years and fines ranging up to $7000.

Breaches of visa conditions

Minor fraud, involving individuals who breach work conditions, or supply false information on visa applications, is often most effectively dealt with by visa cancellation.

During the year 6793 visas, including 1683 at overseas posts were cancelled by immigration officers. Cancellations by officers in Australia increased from 3857 to 5110. In 2211 of these cases, the individual was overseas at the time of visa cancellation.Of the total visas cancelled, 476 were on the grounds that circumstances which had permitted granting the visa no longer applied, while 940 people had their visa cancelled for breach of work conditions. Student visas cancelled for failure to satisfy course requirements total 516.

Fraud in other departments

The Department provides visa and movement data to other government agencies to prevent unauthorised access by foreign citizens to government-funded benefits. In addition, the Department has data matching programs with a number of government agencies to help identify foreign citizens who may be working in breach of visa requirements, or gaining access to government services without authority.

The Government's efforts to reduce job prospects for people without work rights are aimed at discouraging foreign citizens from remaining in Australia beyond the expiry of their visas, or working without permission.

DIMA has on-going data-matching programs with Centrelink and the Australian Taxation Office. A pilot data-match with the Health Insurance Commission has been undertaken with a view to establishing a long-term data- match program in future.

By the end of the program year, 140 locations occurred through data-matching, 633 through referrals by other agencies, and 645 through referral by police. All data exchange arrangements are being undertaken in accordance with the Privacy Commissioner's data matching guidelines, and remain subject to appropriate scrutiny.

Cooperation with law enforcement agencies

In 1998-99, the Department was involved in law enforcement activities including:

• promoting the Department's law enforcement initiatives to strengthen the Department's cooperation with Commonwealth and state law enforcement agencies;
• improving strategic liaison arrangements with the Heads of Commonwealth Operational Law Enforcement Agencies,
  the Office of Strategic Crime Assessments, the Commonwealth Law Enforcement Intelligence Committee, the Protective Security Coordination Centre and other such bodies;
• liaising with the Australian Bureau of Criminal Intelligence, Commonwealth, state and territory police services on law enforcement matters of mutual interest;
• providing input into national law enforcement policy development;
• negotiating a Memorandum of Understanding with law enforcement agencies for providing information and intelligence to facilitate lawful decision- making and criminal investigations; and
• creating the Law Enforcement Liaison and Movement Alerts Section (LELMA) to bring a sharper focus to the Department's law enforcement responsibilities.

The Department maintains close working relationships with various Commonwealth and state law enforcement agencies through the exchange of information to assist one another in law enforcement and intelligence activities. Agency inquiries on the Department's international movements data base were:

Law Enforcement	4 889
DSS/Centrelink	7 957
DIMA	24 875
Australian Tax Office (ATO)	6 840
Other	4 963
TOTAL	49 524

In addition, LELMA responded to 1950 further requests for information.
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Performance outcomes
(ii) Overstayer and non-return rates

During the past year the number of overstayers in Australia has remained relatively stable, the estimate at 31 December 1998 being 50 605 compared with 51 000 at December 1997.

Overstayers in Australia at 31 December 1998

Status on Arrival	No.	% of Total
Visitors	40 152	79.3
Temporary Residents	3 114	6.2
Students	2 646	5.2
Other Temporary categories	4 693	9.3
TOTAL	50 605	100

The absolute number of overstayers does not provide the best picture of the degree to which non-citizens extend their stay in Australia. The non-return rate is another measure that is used, calculated as the percentage of persons who enter Australia on a visitor visa and, on the date that that visa expires, are still in Australia, whether on another visa, on a bridging visa or on an unlawful basis.

The average non-return rate for all visitors was 2.18 per cent at 30 June 1999. Some countries had non-return rates up to 10 times the average. Out of the countries with a significant number of arrivals in 1997-98, those with the highest non-return rates included:

Country	Non-return rate
Vietnam	24.3%
Federal Republic of Yugoslavia	21.6%
Lebanon	20.7%
Tonga	19.1%
Turkey	15.1%
Pakistan	15.0%
Philippines	14.4%
Samoa	14.2%
Poland	13.9%
People's Republic of China	12.8%

These are the countries that present the greatest problems for the Australian visa regime.
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Performance outcomes
(iii) Voluntary compliance

Australian Bureau of Statistics figures show that 4 215 354 people left Australia in 1998, after visits or periods of temporary residence. Departmental estimates indicate that of these about 0.2 per cent had unlawful status when they departed (0.3 per cent in the previous reporting period).

Unlawful non-citizens who leave Australia without the prior knowledge of the Department are recorded by the Department's information systems as they exit through airports. During the year 13 418 people departed this way, compared with 12 078 in 1997-98.

Case outcomes, as shown in the following table, were recorded for people who were located, or who approached the Department.

Case outcomes	1997-98	1998-99
Departed lawfully	5216	4972
Departed lawfully under supervision	431	562
Removed	1827	1421
Granted a substantive visa	878	985
Other	553	438
Bridging visas granted	3774	5094
TOTAL	12 679	13 472

Officers located 13 472 overstayers, including 4810 who approached the Department for assistance, and 1623 who became unlawful as a result of their visas being cancelled.

This is an increase of about 6 per cent on 1997-98, when the Department located 12 679 overstayers, including 3703 who approached the Department.

A series of successful field operations during the year resulted in a large number of illegal workers being detected. The operations highlighted the problem of illegal work in Australia at a time when increasing numbers of people are attempting to enter Australia illegally.

A review of illegal work was commissioned by the Minister to examine how to reduce employment opportunities for people without work rights, and to encourage temporary entrants to comply with visa conditions.

In addition to enforcement activities, the Department conducts an Employer Awareness Campaign aimed at supporting and encouraging employers to recruit only people with the right to work.

This campaign also promotes a closer level of cooperation between employers and the Department, particularly in relation to checking the employment rights of employees and reporting visa overstayers looking for work. Key elements of the campaign were:

• the launch on 6 May by the Minister of the employer information kit and pamphlet, Employing Overseas Workers – Doing the Right Thing, which is a guide on how to check peoples' work rights;
• information sessions with employers and employers' groups, and community awareness sessions conducted on each occasion by compliance officers of the Department;
• advertisements in backpacker publications and on departmental forms and publications; and
• the Department's Internet home page, which contains information on visa conditions.

The new kits and pamphlets are being distributed to employer groups, peak bodies and a range of recruitment organisations and employers. They provide information about who may lawfully work, and remind employers that people found working illegally are subject to immediate detention and removal from Australia.

Minister Philip Ruddock at the launch of the Employing Overseas Workers - Doing the Right Thing campaign at the Diana Ferrari factory in Melbourne.

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