DIMA Annual Report 1998-99

Sub-program 5.2: Visa Framework

Performance outcomes
(i) Legislative and regulatory change

The sub-program was responsible for translating Government policy into legislation through assistance with the formulation and passage of the Migration Legislation Amendment (Strengthening of Provisions relating to Character and Conduct) Act 1998, the Migration Legislation Amendment Act (No.1) 1998, the Migration Legislation Amendment (Temporary Safe Haven Visas) Act 1999, the Migration Visa Application Charge Amendment Act 1999 and the Migration Legislation Amendment Act (No. 1) 1999.

Among other things, these Acts:

• improving the decision-making regime for decisions on visa applications and visa cancellation where a non-citizen's character is at issue;
• Establish the new Migration Review Tribunal and improve the Refugee Review Tribunal processes;
• establish a legal basis for extending and/or terminating safe haven visa arrangements;
• clarify the rights of people in detention to receive communications from the Human Rights and Equal Opportunity Commission and the Ombudsman; and
• substantially increase existing penalties for people trafficking, and create new offences with even greater penalties for trafficking five or more people.

Support and coordination services were also provided during Parliamentary Committee consideration of the Migration Legislation Amendment (Judicial Review) Bill 1998, which contains the privative clause limiting grounds of judicial review of decisions under the Migration Act 1958.

Services included providing briefing and advice on the matters contained in the Bill and appearing before, and responding to, the Senate Legal and Constitutional Legislation Committee.

As at 30 June 1999, the Judicial Review Bill and the Migration Legislation Amendment (No.2) Bill 1999 were awaiting Parliamentary debate.

Nineteen Statutory Rules were made — the majority amending the Migration Regulations 1994. Among other things, the Statutory Rules implemented:

• a new points test for migration to Australia;
• new arrangements for the migrant entry of parents;
• a revised scheme for assessing the special needs of people in Australia seeking the entry of carers from overseas; and
• a safe haven visa for Kosovars.

The Statutory Rule relating to the migrant entry of parents and that relating to carers were subject to disallowance motions in the Senate. The Senate disallowed the Statutory Rule relating to parents, while the motion to disallow the carers changes was withdrawn.

A legislative change management group was established to improve the coordination of legislative change in the Department.

Performance outcomes
(ii) Advice on legal policy and international law issues

Advice was provided on international law issues, in particular the impact of human rights obligations on Portfolio decision making and activities.

Assistance was provided to the Attorney-General's Department in preparing Australian Government pleadings in matters before United Nations (UN) committees concerning migration matters.

Two complaints to UN committees were received or dealt with during the year. At 30 June 1999, there were five outstanding department-related complaints to UN committees.

Policy input and support was provided in relation to judicial review issues relating to the Portfolio and general government cross-portfolio proposals.

Performance outcomes
(iii) Training

Training in the legislative change management process and policy development was provided to the Department's Central Office staff. It was to provide officers involved in policy advising areas with an understanding of regulation change and Parliamentary processes, and the impact of the timing of legislative change and issues associated with implementation of that change.

Training was provided to regional and overseas staff and officers taking up postings overseas, including Department of Foreign Affairs and Trade officers performing functions for the Department, the focus of that training was on lawful decision-making and relevant international human rights law.

Performance outcomes
(iv) Evaluations

An evaluation of the effectiveness of Bridging Visas was finalised during the year, concluding that Bridging Visas generally fulfilled their role of providing temporary lawful status for non-citizens with an outstanding immigration matter.

The evaluation has recommended that some minor legislative changes be made to remove anomalies within the Bridging Visas regime.

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