DIMIA Annual Report 2004-05
Outcome 1-Administered items
ALLOWANCES FOR PERSONS ON TEMPORARY VISAS IN THE HUMANITARIAN PROGRAM
Figure 48: Performance information-Allowances for persons on temporary visas in the humanitarian program
Objective
To provide a cash allowance to holders of subclass 785 temporary protection visas (TPVs) on their release from detention and to holders of subclass 447 or 451 secondary movement temporary visas on their arrival in Australia.
Description
A one-off cash payment to cover the living expenses of temporary humanitarian visa holders after their release from detention or arrival in Australia until their first Centrelink special benefit payment. The maximum payment of $222 per adult and $78 per child is reduced by a dollar for every dollar possessed by the visa holder.
Analysis of performance
44 TPV holders received a cash allowance, compared with 24 in 2003-04.
201 holders of secondary movement temporary visas received a cash allowance, compared with 189 in 2003-04.
The overall expenditure was $40 375.
Outcome 1-Administered items
CONTRIBUTION TO THE SECRETARIAT FOR THE INTER-GOVERNMENTAL CONSULTATIONS ON ASYLUM, REFUGEE AND MIGRATION POLICIES
Figure 49: Performance information-Contribution to the secretariat for the inter-governmental consultations on asylum, refugee and migration policies
Objective
To support Australian policy objectives to promote managed migration, maintain an effective system of international protection and prevent illegal migration and people smuggling.
Description
Australia contributed $127 727 towards the administrative costs of the Inter-Governmental Consultations (IGC).
The IGC is an informal, non decision-making forum established in 1985 (with an independent Secretariat established in 1991). It provides an avenue for participating governments to benchmark national policies and to influence international standards and policies on a range of refugee, asylum and migration issues.
The IGC currently comprises 15 participating states in Western Europe, North America and Australasia. New Zealand joined the IGC in 2004 and Austria withdrew in 2005. Representatives of the European Union (EU), International Organization for Migration (IOM) and the Office of the United Nations High Commissioner for Refugees (UNHCR) also attend relevant meetings.
Analysis of performance
The IGC provides participating states with a relatively informal but structured framework for developing a global perspective on migration and asylum issues that takes account of states' interests and operates independently of the UN umbrella. In particular, it is one of the few multilateral consultation mechanisms through which Australia can engage regularly and directly with many Western European states on domestic migration, asylum and border control issues. This perspective informs and facilitates the department's regional and bilateral engagements as well as other multilateral, (including UN-sponsored), engagement.
In 2004-05 the IGC Working Groups and Workshops provided Australia with the opportunity to:
- benchmark its current policy and practice on a range of specific asylum, refugee, illegal migration, return and border control issues against that of European states as well as Canada and the United States of America
- confirm its policy and operational approach on managing migration, refugee resettlement, visa fraud and unauthorised movement constitute best practice among IGC states
- correct misunderstandings about Australian asylum and immigration policies, frequently not well understood by European states and others.
In particular:
- a workshop on the PRC confirmed that Australian management of lawful and unlawful migration from the PRC is currently global best practice
- a workshop on access to benefits by asylum seekers provided an opportunity to correct misunderstandings about Australian policy and practice and to promote a holistic approach to refugee and asylum policy
- participants in a workshop on labour migration showed great interest in Australia's holistic approach to managing migration in the national interest, such that public confidence in the benefits of the annual migration program is maintained
- participation in the working group on technology continues to ensure development of Australian biometric border control tools is consistent with global best practice and compatible with the biometric requirements and registration systems under development in other states.
Outcome 1-Administered items
INITIATIVES TO ADDRESS THE SITUATION OF DISPLACED REFUGEES AND PROMOTE SUSTAINABLE RETURNS
Figure 50: Performance information-Initiatives to address the situation of displaced refugees and promote sustainable returns
Objective
To promote a coordinated, international approach to the development of sustainable solutions for refugees and displaced persons and processes supporting the sustainable voluntary return of displaced populations. The program is jointly administered by the department and the Australian Agency for International Development (AusAID).
Description
Australia supports comprehensive, integrated responses to humanitarian and refugee situations, including supporting durable solutions of assisting refugee populations integrate into countries of first asylum and/or voluntarily return home when circumstances allow. In the delivery of the program, Australia has focused on the reconstruction and stability of Iraq as well as support towards vulnerable refugee populations in Africa.
The total of $5.47 million available under this item in 2004-05 was disbursed as six distinct projects, three in Iraq (totalling $3.99 million) and three in Africa (totalling $1.47 million).
The $3.99 million in funding for Iraq was contributed in June 2005 to three projects facilitated by the International Organization for Migration (IOM):
- $2.04 million to continuing support for the creation of a well functioning migration management system in post-war Iraq
- $1.42 million to provide relief assistance to Internally Displaced Persons (IDPs) in Central and Southern Iraq
- $0.52 million to continue initiatives that assist Iraqis wishing to voluntarily return home to Iraq.
The $1.47 million in funding for Africa was contributed in June 2005 to projects assisting refugees in Sudan, Zambia and Malawi:
- $1 million to support the Office of the Coordinator of Humanitarian Affairs (OCHA) implement repatriation and reintegration efforts associated with the peace process in Southern Sudan
- $0.3 million to the Office of the United Nations High Commissioner for Refugees (UNHCR) to support self-reliance efforts of refugees in Western and North-Western Zambia
- $0.17 million to the UNHCR to support self-reliance efforts of refugees in Malawi.
Analysis of performance
Through its contributions, the Government continues to promote the development of comprehensive and integrated solutions to the problems of displaced persons.
Since March 2003, the IOM has helped more than 5000 Iraqis temporarily living in non-neighbouring countries to return home. Australia's continuing support to the IOM helps with the logistics of these returns while combating problems associated with their reintegration into Iraqi society. Other funds will help the IOM provide access to safe drinking water, sanitation and basic health services to the 450 000-500 000 internally displaced persons in Central and Southern Iraq.
Australia's contribution to the returns process in Southern Sudan helps OCHA better coordinate the estimated 500 000 people expected to return to Southern Sudan. Contributions to projects in Zambia and Malawi are helping more than 50 000 refugees integrate into their local surroundings, while also providing assistance to host communities.
Outcome 1-Administered items
INTERNATIONAL ORGANIZATION FOR MIGRATION (IOM)-CONTRIBUTION
Figure 51: Performance information-International organization for migration
Objective
To support the achievement of Australian policy objectives in the area of promoting managed migration, including managed humanitarian migration, and the reduction of irregular migration.
Description
In 2004-05, Australia contributed $722 747 towards the administrative costs of the IOM. The IOM is an international organisation headquartered in Geneva which is committed to the principle that humane and orderly migration benefits migrants and society. As an inter-governmental body, IOM acts with its partners in the international community to assist in meeting the operational challenges of migration, advance understanding of migration issues, encourage social and economic development through migration and uphold the human dignity and well-being of migrants.
Analysis of performance
The IOM continues to attract new member states and expand its operations, reflecting its flexible approach and global reach. Australia's contribution to the administrative costs of the IOM enables us to participate in the governance of the IOM and ensure that its work continues to reflect Australia's interests, in particular a state-driven approach to managing migration.
Australia continues to use the opportunities provided by the IOM policy and governance dialogues to encourage the IOM and its members to seek practical solutions to migration issues, including in the Asia-Pacific region. Strategic issues formally discussed at the IOM during 2004-05 included the relationship between migration and trade, the relationship between migration and development and the costs, benefits and opportunities of migration.
Broader policy analysis and engagement by the international community leads to greater international cooperation on migration policy issues and better implementation of managed migration approaches by governments.
Outcome 1-Administered items
JOINT COMMONWEALTH/STATE RESEARCH PROGRAM FOR THE PAYMENT TO THE AUSTRALIAN POPULATION, MULTICULTURAL AND IMMIGRATION RESEARCH PROGRAM
Figure 52: Performance information-Joint Commonwealth/State research program
Objective
To conduct research to inform the formulation and evaluation of policies of the Australian Government, state and territory ministers and departments.
Description
The Australian Population, Immigration and Multicultural Research Program (APIMRP) was established jointly by the Australian and state and territory governments to undertake studies in migration, migration settlement, multicultural affairs and population trends. Individual studies are designed to gather information not adequately covered by existing data and surveys
In 2004-05 the Australian Government contributed $50 000 to the APIMRP.
Analysis of performance
The research program completed surveys of the Regional Sponsored Migration Scheme and the Skilled Designated Area Sponsored Scheme (SDAS). These projects have played an important part in informing the policy-making processes of Australian, state and territory governments. For example, the review of the SDAS program revealed a propensity of some migrants to move away from designated areas. This led to a decision by the Australian Government to require migrants who enter under the SDAS category to live in the same area as their sponsor for a minimum of two years before obtaining permanent residence.
The program also completed a study on the impact of migration on state and territory economies, the report of which was released in October 2004. This paper helped states and territories gauge the effects of skilled migrants on their jurisdictions.
Outcome 1-Administered items
OFFSHORE MANAGEMENT OF ASYLUM SEEKERS
Figure 53: Performance information-Offshore management of asylum seekers
Objective
To support the Government's unauthorised arrivals strategy by providing for the effective operation and management of processing centres in third countries.
Description
Care is provided for asylum seekers in OPCs that accords with international standards. Associated payments are made in accordance with agreements.
Analysis of performance
The IOM manages the OPCs in Manus Province, PNG and Nauru at the invitation of the governments of PNG and Nauru respectively. The Australian Government meets all costs associated with the operation of the OPCs.
IOM is an independent international organisation staffed by international civil servants who work according to the IOM's own Charter. It is well regarded internationally for its care and support of migrants, asylum seekers and refugees.
The services delivered by IOM at the OPCs are detailed in an exchange of letters between the department and IOM. A number of consultative management strategies have been employed to provide assurance that these services have been provided appropriately. These include regular meetings with representatives of IOM, the presence of a departmental liaison officer at the Nauru OPC and previously at the Manus OPC, and day-to-day consultations at the operational and senior management levels. These strategies and structures are articulated in an Assurance Framework against which IOM reports regularly.
In 2004-05 IOM continued to provide high-quality and responsive services in its management of the OPCs. At 30 June 2005, for every 17 OPC residents in Nauru there was a qualified IOM doctor readily available. School-aged children regularly attended Nauruan schools (the last family with children departed from Nauru for resettlement in Australia on 28 June 2005). IOM gives high priority to the social wellbeing of OPC residents. IOM continually reviews its community health programs as the residents' circumstances change with population movements. This holistic program includes a wide range of sporting and leisure activities (including satellite television, videos and reading materials) and education programs (which include language classes and computer skills). Since 1 March 2005 the OPC has been operating as an open centre with residents able to move freely around the island on Wednesdays and Saturdays.
The 2004-05 Budget made a provisional allocation of $85.3 million for the operation of the OPCs on Nauru and Manus Island. This provision allowed for the reception, accommodation and processing of 750 new arrivals and for the care of the 225 asylum seekers who had arrived in earlier years and who were still resident on Nauru in June 2004. Actual expenditure on the Nauru and Manus Island OPCs in 2004-05 was $37.5 million. The underspend against the budget provision was due to there being no new asylum seeker arrivals in the year, other than newborns. The total operational cost for the Nauru and Manus Island OPCs from September 2001 to June 2005 was $227 million.
The IOM submitted monthly invoices to the department for retrospective payment for services and for goods purchased for the OPCs. These invoices were paid on time.
Prior to the introduction of the offshore processing strategy, numbers of unauthorised boat arrivals had risen dramatically toward the end of the 1990s. Since its introduction in September 2001, the number of people attempting unauthorised entry to Australia by boat has fallen from 3649 people in 2001-02 (of whom some 600 were returned voluntarily) to no unauthorised boat arrivals in 2002-03, 82 persons in 2003-04 and no unauthorised boat arrivals in 2004-05.
Outcome 1-Administered items
PAYMENTS TO THE AUSTRALIAN RED CROSS SOCIETY FOR ASYLUM SEEKER ASSISTANCE SCHEME
Figure 54: Performance information-Payments to the Australian Red Cross Society
Objective
To provide financial assistance to eligible asylum seekers awaiting decisions on their protection visa application.
Description
The Australian Red Cross has administered the Asylum Seeker Assistance (ASA) Scheme under agreements with the Commonwealth since 4 January 1993. The ASA Scheme provides financial assistance to asylum seekers, determined by the Australian Red Cross to be without means of support or disposable assets, who have been awaiting a primary decision on their protection visa application for six months or more. The ASA Scheme provides assistance for basic food, shelter and health care. The rate of financial assistance is capped at 89 per cent of equivalent Special Benefit payments.
Since 1 July 1999, eligibility for ASA has included both primary and review applicants in financial hardship who are unable to meet their basic needs and who have no continuing and adequate support. Applications for assistance at review are considered through the ASA exemption process on a case-by-case basis.
The ASA Scheme also provides assistance to asylum seekers who are ineligible for income support but who cannot afford to pay for their health examination. This ensures that there is no financial impediment to accessing protection under the Refugees Convention.
Analysis of performance
In 2004-05, 1276 clients were assisted under the ASA Scheme at a cost of $3.4 million compared with 1832 clients assisted at a cost of $4.4 million in 2003-04. Factors varying the costs and numbers assisted include the continued timely processing of new protection visa applications, a continued decline in the number of new applications for protection visas, resolution of the longstanding East Timorese protection visa and ministerial intervention caseload, offset to some extent by some increases in outlays as a result of the front loading of checks.
Outcome 1-Administered items
PAYMENTS UNDER SECTION 33 OF THE FINANCIAL MANAGEMENT AND ACCOUNTABILITY ACT 1997
Figure 55: Performance information-Payments under Section 33 of the FMA Act 1997
Payments made under section 33 of the Financial Management and Accountability Act 1997 are special discretionary compensatory payments (acts of grace) made in circumstances where there is no other viable avenue of redress available and the Minister for Finance and Administration (or delegate) considers the payment is appropriate because of 'special circumstances'. During the 2004-05 financial year, the department received five requests for act of grace payments. These were forwarded to the delegate for consideration. Three were approved.
Outcome 1-Administered items
REFUGEE, HUMANITARIAN AND ASSISTED MOVEMENTS-PASSAGE AND ASSOCIATED COSTS
Figure 56: Performance information-Refugee, humanitarian and assisted movements- passage and associated costs
Objective
To assist the movement of applicants approved for entry to Australia under the refugee component of the Offshore Humanitarian Program and a proportion of offshore entrants under the secondary movements provisions.
Description
In December 2004, the department entered into a new contract with the IOM for the assisted passage of applicants approved for entry to Australia under the refugee component of the Offshore Humanitarian Program. These include visa subclasses 200 (Refugee); 201 (In-country Special Humanitarian Program); 203 (Emergency Rescue); 204 (Woman at Risk); and a proportion of 447 (Secondary Movement Offshore Temporary Entry) and 451 (Secondary Movement Relocation Temporary Entry).
The assistance provided under this contract covers the full cost of medical examination and airfares to Australia for eligible applicants. The number of people assisted under this program in 2004-05 was 5518, an increase of 2014 people from 2003-04. The IOM arranges medical screening services for applicants when requested by departmental posts.
The IOM is responsible for ticketing, pre-embarkation and coordination arrangements associated with the movement of funded refugees. The IOM is reimbursed for all transportation and service costs incurred in the movement of these funded refugees to Australia.
As part of the assisted passage contract, the department via the IOM engaged two charter flights in 2004-05 to move refugees from West Africa to Australia. The total cost of the charter flights was $2 211 500-which includes the service fee paid to the IOM and all associated expenses (for example, ground transport, departure taxes, food and escort staff costs).
A program of pre-departure medical screening was trialled on the group charter flight from West Africa in April 2005. Following the successful trial, the department is arranging with the IOM to implement pre-departure medical screening in key locations.
Analysis of performance
$9.785 million was allocated under this program in 2004-05, an increase of $3.741 million, in line with the increase in funded refugee places. The overall expenditure was $9.001 million with 5518 persons arriving in Australia.
Outcome 1-Administered items
REINTEGRATION ALLOWANCES
Figure 57: Performance information-Reintegration allowances
Objective
To facilitate the reintegration of those persons who wish to return to their country of origin.
Description
After signing a Memorandum of Understanding (MOU) with the Government of Afghanistan on 16 May 2002, the Australian Government offered reintegration allowances to Afghan nationals who volunteered to return to Afghanistan. On 30 May 2002, the Government extended the offer of reintegration assistance to all individuals, regardless of nationality, who were then accommodated at the OPCs on Manus Island and Nauru-these costs are met from Output Component 1.5.1.
Following the signing of an MOU with the Government of Iran on 12 March 2003, a reintegration allowance was developed and progressively offered to Iranian nationals in detention as they became available for removal. Iranian detainees who declined the initial offer prior to the commencement of involuntary removals were also offered an extension of the package (at the amount of $1000 per person/$5000 per family). Iranian residents of the Nauru OPCs were also offered the package.
A small number of Iraqi nationals in detention sought reintegration assistance in order to return to Iraq. Financial assistance equivalent to that offered to Afghan nationals was provided.
On 13 July 2004, the Australian Government announced the introduction of a reintegration package available to all current and former TPV and THV holders as at 27 August 2004 who volunteer to return to their home countries.
The reintegration package supports Australia's commitment to the voluntary return of unsuccessful asylum seekers and persons who are found to no longer be owed protection. The package recognises the special circumstances of persons who are no longer in need of Australia's protection and will assist them to return to their home countries and re-establish their lives in that country. Those who volunteer to return will receive a package of reintegration assistance that includes $2000 for each adult or child, or up to $10 000 for a family. As well, airfares, travel documentation and waiver of debts to the Commonwealth are provided.
On 17 May 2005, the governments of Australia and Afghanistan signed a second MOU that retains the commitment of the two governments to encourage voluntary returns to Afghanistan.
Analysis of performance
For those in Australia:
- 14 people have accepted the reintegration package in 2004-05-two Afghan nationals in an Australian detention facility, one Afghan national holding a TPV and 11 Iraqi nationals holding TPVs.
This compares with 119 in 2003-04-15 Afghan nationals in an Australian detention facility, 37 Afghan nationals holding TPVs, 15 Iraqi and 22 Iranian nationals who were in detention and 30 Iraqi nationals holding TPVs.
- The 14 people who accepted the reintegration package in 2004-05 have all returned to their country of origin.
This compares with 113 in 2003-04-12 Afghan nationals in an Australian detention facility, 34 Afghan nationals holding TPVs, 15 Iraqi and 22 Iranian nationals who were in detention and 30 Iraq nationals holding TPVs.
- Since the implementation of all reintegration packages, 187 people who were eligible have accepted the offer of assistance and departed Australia.
- 11 Iraq nationals holding TPVs accepted the reintegration allowance and departed during 2004-05, compared to 30 TPV holders and 15 Iraqi nationals who were in detention in 2003-04.
For those located in the OPCs (Output Component 1.5.1):
- As at 30 June 2005 a total of 437 people have accepted the offer of a reintegration allowance for voluntary return since its introduction in 2002. Of these, 429 have returned home voluntarily and received the reintegration allowance, comprising 407 Afghans, 10 Iranians, four Turks, three Pakistanis, three Sri Lankans and two Iraqis.
- Eight people in Nauru who accepted the reintegration package have yet to make arrangements to return home.
Outcome 1-Administered items
SAFE HAVEN ALLOWANCES
Objective
To provide financial support to persons displaced by upheaval in their country for whom the government has provided temporary safe haven in Australia.
Description
Safe haven allowances are provided to those persons on temporary safe haven visas not eligible for other income support benefits but in need of some financial support.
Analysis of performance
In 2004-05, $80 000 was allocated under the safe haven allowance provision. This amount was from the 2001-02 appropriation for this program and so had a nil impact on the 2004-05 departmental appropriation.
An amount of $68 901 was used to assist persons who held temporary safe haven visas during the financial year.
Expenditure in 2004-05 was $7750 lower than expenditure in 2003-04. The expenditure varies with any movement in the allowance rate, the number of visa holders, the visa validity period or change in employment status of the temporary safe haven visa holder.
Outcome 1-Administered items
SPECIAL APPROPRIATION-STATUTORY SELF-REGULATION OF MIGRATION AGENTS
Objective
To ensure the satisfactory self-regulation of the migration advice industry.
Description
The migration advice industry in Australia operates under statutory self-regulatory arrangements detailed in Part 3 of the Migration Act 1958. Under these powers, the Migration Institute of Australia (MIA) was appointed as the industry regulator, known as the Migration Agents Registration Authority (MARA).
The core functions of the MARA include the registration of migration agents, complaints handling and the application of sanctions against migration agents who have breached the Migration Agents Code of Conduct, in Schedule 2 of the Migration Agents Regulations (1998) (Agents Regulations).
The number of registered migration agents fell by 129 agents from 3274 at 30 June 2004 to 3145 at 30 June 2005, a reduction of 3.9 per cent (compared with a 6.2 per cent growth in the previous year). In 2004-05, $5.00 million was budgeted against this item. The final appropriation was $3.39 million.
Analysis of performance
The department implemented, via legislative change, further recommendations made by the 2001-02 Review of Statutory Self-Regulation of the Migration Advice Industry, and other measures to support statutory self-regulation.
Regulation amendments, which came into effect on 1 April 2005, enable the MARA to collect data on average fees charged by agents. This information will be collated and published in early 2006 so that consumers have a guide as to the fees they are likely to pay. Amendments, which commenced on 1 July 2005, introduced mandatory professional indemnity insurance for commercial agents and require agents in the not-for-profit sector to arrange affordable insurance by 1 July 2006.
The Migration Legislation Amendment (Migration Agents Integrity Measures) Act 2004 which came into effect on 1 July 2004 strengthened action that can be taken against unscrupulous migration agents who lodge applications with no chance of success. The new legislation, combined with the effect of increased sanction action taken by the MARA and the activities of the Migration Agents Taskforce, has already had a significant deterrent effect.
Earlier analysis identified 95 potentially vexatious agents coming within the provisions of the future legislation, but since its introduction only six agents have reached the prescribed level of vexatious activity. To date one agent has been issued with a show cause notice under the Migration Act 1958.
Work continues towards the implementation of other recommendations of the review, including extending agent registration to foreign nationals who assist with visa applications for Australia and regulation of the immigration-related activities of education agents.