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DIMA Annual Report 2000-01

Output 1.3 Enforcement of immigration law

1.3.1 Regulate entry and departure

Description

This output provides assurance that Australia's visa processes and operations at the immigration border provide high levels of facilitation and at the same time present an effective barrier to the entry of people who have no entitlement to enter.

In conjunction with the Australian Customs Service, this output provides an immigration clearance service to international passengers at Australia's borders. The processes adopted by both agencies help identify passengers of concern to the Australian community.

Key results

There were 17,679,474 arrivals and departures in 2000-01:

  • 61 criminals were deported (74 in 1999-2000), 20 deportation orders were served (91 in 1999-2000) and 13 warnings were given (19 in 1999-2000)

  • 104 visas were cancelled on character grounds (63 in 1999-2000), and 84 formal warnings were given (23 in 1999-2000).

In relation to controversial visa applicants, 347 applicants were referred by processing offices for advice (302 in 1999-2000) and three were refused visas (six in 1999-2000):

  • none failed to satisfy public interest criterion 4001 (character) (none in 1999-2000)

  • none failed to satisfy public interest criterion 4002 (security) (one in 1999-2000)

  • three failed to satisfy public interest criterion 4003 (foreign relations) (five in 1999-2000). In November 2000 public interest criterion 4003 was amended to take account of Australia's obligations to prevent the proliferation of weapons of mass destruction.

The details of 227 visa applicants were referred to the International Criminal Tribunal for the former Yugoslavia (200 in 1999-2000) for screening.

1.3.2 Prevent unlawful entry

Description

The 2000-01 financial year saw a continued flow of unauthorised arrivals by boat and a continuing decline in unauthorised arrivals by air. The focus was on combating people smuggling in source and transit countries and, within Australia, maintaining efforts to minimise immigration fraud/malpractice.

Key results

  • 1,877 were refused immigration clearance at airports

  • reception and processing of 4,141 unauthorised boat arrivals

  • 1,473 persons were identified at overseas airports as being inadmissible to their country of destination. This represents a small increase from 1999-2000 in which the number was 1,400.

  • 213 successful prosecutions of masters and crew and those involved in unauthorised boat arrivals. A further 48 masters and crew were detained pending prosecution

  • 19 specialised document examination training sessions were provided offshore.

  • approximately 1,300 third country nationals in Indonesia were intercepted and processed by IOM and UNHCR, some of whom have been resettled or returned.

1.3.3 Detection onshore

Description

Activities include location and removal of unlawful non-citizens, location of non-citizens in breach of visa conditions, and consequent visa cancellation and removal. Compliance activity is directed at preventing and reducing immigration fraud. Resources are focussed on non-citizens who do not depart Australia at the expiry of their visa; non-citizens who breach visa conditions - particularly those who work without permission; and those involved in organised immigration malpractice.

Key results

  • the estimated number of overstayers at the end of December 2000 was 58,674 which represented a slight decrease (0.12 per cent) against the estimated June 2000 figure of 58,748. The estimated number of overstayers appears to have levelled off after a large increase between December 1999 and June 2000

  • between 30 November 2000 and 30 June 2001, the department issued 155 warning notices to employers and labour suppliers who employed or referred illegal workers for work.

1.3.4 Removals

Description

This component measures the number of:

  • enforced departures of non-citizens unlawfully in Australia or breaching visa conditions and Indonesian fishermen caught fishing illegally in Australian waters, including monitored and supervised departures

  • departures of persons who are subject to deportation orders or whose visas have been refused or cancelled because of criminal or other character related issues

  • repatriations of unauthorised arrivals.

Key results

  • 9,054 enforced removals

  • 179 criminal removals

  • 290 repatriations

1.3.5 Detention

Description

The immigration detention program provides for the lawful, appropriate and economical detention of unlawful non-citizens.

Key results

  • in 2000-01 a total of 11,439 people were detained at some time during the year. The maximum number detained on any day was 3,612. Medical, counselling, educational and food services were provided to all persons detained

  • support and response to the Flood Inquiry and Ombudsman Investigations

  • establishment of the Immigration Detention Advisory Group appointed by the Minister in February 2001

  • planning for the trial of alternative detention arrangements for women and children in Woomera

  • the Migration Legislation Amendment (Immigration Detainees) Bill 2001 was passed by Parliament and the Migration Legislation Amendment (Immigration Detention) Bill (No. 2) was introduced

  • a Memorandum of Understanding between DIMA and South Australia's Family and Youth Services on services for children in detention was near finalisation

  • enhanced capacity for considered, comprehensive responses to external scrutiny and management of key stakeholders

  • focus on continuous improvement of the quality of facilities, programs and services at IRPCs and IDCs

  • increased resources to enhance performance assessment and monitoring of the detention contract

  • improved the level of support provided to all centres and appointment of deputy business managers at each IRPC

  • advanced consideration of further powers, including restraint, better to manage difficult detainees

  • formalised strategic agreements between DIMA and key agencies and organisations with roles in respect of detention centres and removal arrangements, including state and territory welfare, police and correctional services agencies, the Red Cross and IOM

  • increased capacity at Woomera IRPC to around 2,000

  • expansion of Villawood IDC capacity to over 700 with upgrades to kitchen, dining and medical facilities

  • initial planning for the establishment of a new IDC in Brisbane and an IRPC in Darwin, including the appointment of a probity auditor and financial and legal advisers, initiation of a design competition, and development of lists of potential sites.

1.3.6 Litigation

Description

Outputs are measured by the extent to which:

  • matters are resolved in the Minister's favour

  • more than 90 per cent of timetables and directions imposed by the courts are met and the further 10 per cent are met within an extended period ordered by the court.

Key results

Courts

  • 1,646 applications and appeals to the courts were lodged against departmental or tribunal decisions

  • 10 matters were lodged in State or Territory courts in which the Commonwealth, the Minister, the department or departmental employees were parties

  • 1,549 matters were resolved in the courts. These included:

    • 753 cases in favour of the Minister

    • 221 Ministerial withdrawals

    • 101 cases in favour of the applicant

    • 465 applicant withdrawals

    • nine remittals in full

  • there were 788 active cases before the courts at 30 June 2001.

Administrative Appeals Tribunal (AAT)

  • 347 applications to the AAT were lodged against departmental or Tribunal decisions

  • 320 matters were resolved in the AAT. These included:

    • 146 matters where the decision under review was affirmed

    • 31 departmental withdrawals

    • 66 matters where the decision under review was set aside

    • 77 applicant withdrawals

  • there were 265 active cases before the AAT at 30 June 2001.

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