Department of Immigration and Multicultural Affairs
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Output 1.2 - Refugee and humanitarian entry and stay

Highlights

International cooperation

We continued to develop productive working relationships internationally to facilitate faster and safer travel, to achieve operational cooperation (including against people-smuggling and human-trafficking), to strengthen the international system for protection, and to support effective responses to extremism.

Highlights during 2005-06 included:

  • visits by the Minister to Italy, Switzerland, the United Kingdom, the People's Republic of China (PRC), Bangladesh, India, Sri Lanka, Thailand, and Indonesia. Outcomes include:
    • progress on Australia-European Union (EU) visa reciprocity issues, agreement to conclude a memorandum of understanding (MOU) with the Vatican on visa arrangements for World Youth Day in Sydney in 2008, promotion of the Australia Needs Skills expos in London, Berlin, Amsterdam, KolKata, and Chennai, and opportunities taken to influence IOM, UNHCR, and GCIM on refugee and migration issues, including preparations for the UNHLD 1
    • agreement to expand the Approved Destination Scheme (ADS) in the PRC, joint commitment to border systems cooperation with the PRC in the lead-up to the 2008 Olympics, a new work and holiday visa arrangement with Bangladesh, renewed emphasis on humanitarian resettlement from border camps in Thailand
    • sustained good cooperation with Indonesia against people-smuggling, including agreement to proceed with joint implementation of a project to strengthen Indonesia's border movements alert system
  • working group meetings or other senior level exchanges on migration, border security, and asylum matters with the EU, Cambodia, Canada, the PRC, India, Indonesia, Malaysia, New Zealand, Philippines, Papua New Guinea (PNG), Singapore, Sri Lanka, Thailand, and the United States of America
  • opportunities taken to influence the global migration debate, in particular, to encourage effective protection and durable solutions for refugees through the annual UNHCR Executive Committee meeting to promote the important role of the IOM and development of regional positions for the UNHLD bilaterally and through a number of multilateral meetings, including the APC2, and the Pacific Immigration Directors Conference (PIDC) 3
  • increased regional cooperation on border and migration management including through the inaugural Association of South East Asian Nations (ASEAN)-Australia immigration consultations in Cambodia in November 2005 which supported the development of a forward programme of activities, annual and Management Board meetings of the PIDC which agreed new strategic directions for Pacific cooperation and harmonisation, and co-chairing a workshop on operationalising immigration intelligence in Singapore under the auspices of the Bali Process on People-Smuggling
  • allocation of $5.7 million to international organisations to support displaced people requiring protection pending more durable solutions. Funding was provided to IOM, UNHCR, UNICEF, UNDG, and UNDP for projects in the Sudan, Nepal, Thailand, Iraq, and Afghanistan respectively4
  • consolidation of a substantial programme of border security-related capacity building and other activities in more than 20 countries, including:
    • three officers seconded under the Enhanced Cooperation Programme (ECP) with PNG to assist with immigration and border security programmes and projects including: a substantial new border management system to be completed in 2007, travel document processing, and promotion of policy initiatives such as the introduction of a PNG permanent residence classification and progressing the APEC Business Travel Card Scheme
    • a computer upgrade and networking project for Lao PDR Department of Immigration to be completed in 2006
    • implementation of a provision in the 2005-06 Budget counter-terrorism regional assistance package for a substantially enlarged programme of training and advice on forensic document examination and on immigration intelligence in the Asia-Pacific region
  • conclusion of a series of MOU and record of understanding (ROU) arrangements:
    • a tripartite MOU with Papua New Guinea and IOM to facilitate cooperation on the accommodation, care, and voluntary removal of irregular immigrants with no legal right to remain in PNG
    • a revised ROU with Afghanistan to implement a US$4 million Afghan Housing Project for returning Afghan nationals
    • an MOU with the Philippines on border and migration management cooperation.

Consultations were undertaken with officials from the International Organization for Migration (IOM), the United Nations High Commissioner for Refugees (UNHCR), and the Global Commission on International Migration (GCIM). The United Nations High Level Dialogue on International Migration and Development (UNHLD) is to be held in September 2006.

Regional preparation for the UNHLD was conducted through an Inter-governmental Asia-Pacific Consultations on Refugees, Displaced Persons and Migrants (APC) workshop in Bangkok in April 2006.

Management Board meetings of the Pacific Immigration Directors Conference in 2006 agreed on PIDC input into the UNHLD.

The United Nations Children's Fund (UNICEF), United Nations Development Group (UNDG), United Nations Development Program (UNDP)


Enhanced border management system provides greater security


Building communities in Afghanistan







Output 1.2 Refugee and humanitarian entry and stay

Overview

The Humanitarian Programme is an important element of Australia's contribution to the system of international protection of refugees. The programme has two components:

  • the offshore component provides resettlement in Australia to people overseas who are in the greatest relative need of this durable solution
  • the onshore component provides protection in Australia to people who engage Australia's protection obligations under the Refugees Convention.

In 2005-06, a total of 14 144 visas were granted under the Humanitarian Programme. This number included 12 758 visas granted offshore and 1386 onshore.

The total number of Humanitarian Programme visas granted was higher than the 12 339 available places by three refugee grants and 1802 Special Humanitarian Program (SHP) grants. These additional places were brought forward from the 2006-07 programme.




1.2.1 Offshore Humanitarian Programme

Objectives

The objectives of this programme are to:

  • assist people in humanitarian need overseas for whom resettlement in another country is the only available option
  • share the responsibility for refugee resettlement with the international community.
  • Table 31: Performance information: Offshore Humanitarian Programme
    Measures Results
    2002-03 2003-04 2004-05 2005-06
    Measure -  applications (persons) finalised 56 000 56 000 125 000 100 000
    Results 65 750 67 081 114 060 90 678
    Measure - per cent of applications (persons) finalised within 12 months n/a 75 per cent 75 per cent 75 per cent
    Results n/a 87 per cent 79 per cent 88 per cent

    Note: These figures include applications that were processed and deemed to be invalid.

    Description

    The government provides resettlement for refugees and others who are in the greatest need of this durable solution through the Humanitarian Programme. This output provides for the delivery of the Offshore Humanitarian Programme in a way that enhances settlement outcomes and supports Australia's role in sharing responsibility for alleviating humanitarian situations.


    Profile

    A story of strength, courage, and spirit

    When she was just seven years old, Acee and her family fled their native war-torn country of Liberia in search of a safer place to live.




    Analysis of performance

    Humanitarian Programme visas

    The Humanitarian Programme is made up of the following group of visas:

    Table 32: Humanitarian Programme visa subclass
    Visa subclass> Visa name
    200 Refugee
    201 In-country Special Humanitarian
    203 Emergency Rescue
    204 Woman at Risk
    447 Secondary Movement Offshore Entry (Temporary)
    451 Secondary Movement Relocation (Temporary)
    202 Global Special Humanitarian Program
    785 Onshore Temporary Protection
    866 Onshore Permanent Protection
    786 Temporary Humanitarian Concern


    Available Places

    The government made 13 000 new Humanitarian Programme places available for 2005-06. Government policy enables us to manage the programme flexibly, allowing places to be carried over or brought forward for use between consecutive programme years.

    We also re-credit places to available programme numbers if offshore visas, once granted, are not taken up or if a temporary protection visa (TPV) holder departs Australia. For the 2005-06 programme, 789 of the 13 000 new places for the year had been taken forward in 2004-05 and 128 places were re-credited to the available programme numbers as a result of TPV holders departing Australia and offshore visas not being taken up by the visa recipients.

    Following adjustment, a total of 12 339 places were available for use in the 2005-06 programme year. This is broken down into:

    • 6019 refugee places
    • 6320 Special Humanitarian Program and initial5 onshore protection places.

    A humanitarian visa granted to an applicant who previously held another type of humanitarian visa is not counted the second time against the available programme number. For example, a permanent protection visa granted to an applicant is not counted against the programme number if that applicant previously held a temporary protection visa.




    Figure 15: Humanitarian Programme - available places
    Figure 15: Humanitarian Programme - available places
    Figure 16: Humanitarian Programme - visa grants
    Figure 16: Humanitarian Programme - visa grants


    Table 33: Humanitarian visas granted 2005-06
    Number Type
    4996 Refugee visas subclass 200
    6 In-country Special Humanitarian visas subclass 201
    995 Woman at Risk visas subclass 204
    11 Secondary Movement Offshore Entry (Temporary) visas subclass 447
    14 Secondary Movement Relocation (Temporary) visas subclass 451
    6836 Global Special Humanitarian Program visas6 subclass 202
    277 Onshore Temporary Protection visas subclass 785
    995 Onshore Permanent Protection visas subclass 866
    14 Temporary Humanitarian Concern visas subclass 786


    Visa Grants

    14 144 visas were granted during 2005-06, as detailed in Table 33.

    Ninety per cent (12 758) of the total visas were granted to offshore applicants, of which 6022 (42 per cent) were refugee visas and 6736 (48 per cent) were SHP visas. The other 1386 (10 per cent) were protection and other humanitarian visas granted to onshore applicants.

    The number of visas granted to offshore applicants and the total number of visas granted under the programme were the highest in 10 years.



    Figure 17: Humanitarian Programme - Offshore V Total Grants
    Figure 17: Humanitarian Programme - Offshore V Total Grants

    6 This figure includes 100 visas granted to applicants onshore.




    Arrival of 100 000 refugees celebrated


    This was the third consecutive year where all programme places available for use in the programme year were fully taken up and excess

    visas were granted using places brought forward from the subsequent programme year.

    Figure 18: Humanitarian Programme - Visa grants V available places
    Figure 18: Humanitarian Programme - Visa grants V available places

    Of the total 6022 visas granted under the refugee component, 995 (or 16.5 per cent) were granted to Woman at Risk applicants, exceeding the nominal annual target of 10.5 per cent. The level of Woman at Risk visa grants for 2005-06 was the highest since this visa category was established in 1989. A total of 7011 Woman at Risk visas have been granted since 1989.

    Figure 19: Humanitarian Programme - Woman at Risk visa grants
    Figure 19: Humanitarian Programme - Woman at Risk visa grants


    Profile

    The taste of freedom

    Munira was just 13 when she fled her home country of Eritrea in 1976 to escape civil war. She arrived in Australia in November 1994 under the Special Humanitarian Program.




    The highest number of offshore visas in 2005-06 was granted to applicants from Africa (55.6 per cent), followed by the Middle East, and South West Asia.

    Figure 20: Humanitarian Programme - visa grants by region
    Figure 20: Humanitarian Programme - visa grants by region

    This year marked a shift in offshore visa grants away from Africa towards the Middle East and Asia regions in line with regional priorities recommended by the United Nations High Commissioner for Refugees (UNHCR) and reflecting greater access to resettlement caseloads in our region.



    Figure 21: Humanitarian Programme - regional trend

    Figure 21: Humanitarian Programme - regional trend


     

    Profile

    Finally, life outside a refugee camp

    Shin Thu, Eh Tar, and their five youngest children had never known life outside of a refugee camp until they arrived in Australia in June 2006.




    Processing time

    We continued improving our processing times this year, as we have in recent years. We exceeded the target of 75 per cent of applications (people) finalised within 12 months, with 75 per cent being finalised within seven and a half months and 88 per cent of cases finalised within 12 months.

    Figure 22: Humanitarian Programme - finalisation times offshore

    Figure 22: Humanitarian Programme - finalisation times offshore



    Applications

    In 2005-06, a total of 81 682 applications (people) were made offshore, which was 8857 (or 10 per cent) less than in 2004-05.


    Figure 23: Humanitarian Programme - applications lodged

    Figure 23: Humanitarian Programme - applications lodged



    Onshore processing

    Onshore processing of Special Humanitarian Program (SHP) applications is now firmly established in our Sydney Office for cases from Africa, and Melbourne for cases from the Middle East. Onshore processing of selected parts of the caseload has allowed us to deliver the increased programme in the major source regions of Africa and the Middle East and to maintain improvements in processing times and client service.

    In 2006, we comissioned the Refugee Council of Australia (RCOA) to conduct an evaluation of onshore processing of SHP applications. The RCOA gathered information from proposers and stakeholders onshore to assess the level of client satisfaction. The report was completed in May 2006 and concluded that onshore processing has significantly reduced initial processing times and is perceived to be fairer and more transparent. Communication with clients has also improved, with proposers onshore feeling more informed about the progress of their applications. The report made a number of recommendations to improve the effectiveness of onshore processing and these are now being addressed.

    Mobile team visits

    We send mobile teams to refugee locations offshore for periods of up to four weeks to interview humanitarian visa applicants.

    In the 2005-06 year, mobile teams were deployed to the African, Middle Eastern, and South East Asian regions. Teams include two experienced departmental staff and interpreters, as required, and their role is to supplement the work of overseas posts in processing refugee and humanitarian visa applications.

    Mobile team members work in conjunction with locally engaged staff and our Australia-based staff in the relevant country. Since 2003-04, 35 teams have been deployed to various locations around the world. In 2005-06, 14 teams were deployed to Nairobi, Cairo, Beirut, Bangkok, Amman, and Guinea.


    Cultural Orientation

    The Australian Cultural Orientation (AUSCO) offshore pre-embarkation programme is delivered in the participants' local languages in six locations: Egypt, East Africa, West Africa, the Middle East, the Indian subcontinent, and South East Asia. AUSCO is made available to all entrants between the ages of 12 and 60, regardless of their gender, ethnicity, or visa subclass. Additional courses are also organised for entrants from other regions as required.

    AUSCO aims to provide humanitarian entrants with realistic expectations about life in Australia as well as essential information about travelling to - and settling in - Australia. A wide range of topics are covered in the curriculum, including:

    • journey to Australia
    • assistance and services provided to refugee and humanitarian entrants
    • Australian society and culture
    • Australia'slegal system (including the role of police)
    • physical and mental health care
    • employment and education
    • transport and housing
    • state and territory information.

    In 2005 a children's course was piloted in Thailand and an adult pre-literate course in Iran. In 2005-06, six children's classes were conducted for a total of 89 clients along with four pre-literate classes for a total of 79 clients. These courses are in addition to the regular programme activities in these regions and are necessary to address the special needs of particular clients.

    In total, 6163 people attended cultural orientation classes in 2005-06.

    We commissioned internal auditors Ernst and Young to conduct an internal evaluation of the AUSCO programme. Recommendations were largely administrative in nature and have now been implemented.

    The current contract for the delivery of AUSCO ends in 2006. A global tender process is under way which will result in new contracts for the provision of AUSCO in six regions for 2006-09. New contracts are expected to be finalised in September 2006 and will include full expansion of the children's and pre-literate courses.




    Profile

    Soccer stars of the future

    Former Sudanese refugee and rising Australian soccer star Adut may not be able to 'bend it like Beckham' just yet but she's certainly learning from the best.




    Pre-departure medical screening

    Pre-departure medical screening has been successfully operating in East and West Africa since August 2005.

    Pre-departure medical screening is provided for refugee and humanitarian visa holders to undergo a medical examination approximately three days before travel to Australia. This examination is in addition to the stringent health screening applicants undertake to determine whether health requirements for a visa to be granted are met. The screening provides tests for communicable diseases, general health status, and fitness to travel. This is in recognition that, due to the length of time that may have passed between visa medical and departure to Australia - combined with living conditions (such as living in refugee camps) - a client's health status may have changed since their initial health screening.

    Pre-departure medical screening is being implemented in key refugee and humanitarian regions globally. It has been fully implemented in Cairo, Sudan, and Thailand and is expected to start in South Asia and the Middle East in the second half of 2006.

    No-interest loan scheme

    During 2005-06 we continued to monitor the progress of the International Organization for Migration (IOM) in using the $2.5 million provided by the government in 2005 to enhance IOM's no-interest loan scheme to help proposers to meet the travel costs of SHP visa holders. Take-up of loans has been lower than expected and IOM has accepted the advice of its community advisory group and the government to modify lending conditions as a means to address this issue.

    Funding for UNHCR projects

    Australia provided assistance to the UNHCR to improve their capacity to deliver resettlement referrals for the Australian programme by funding projects in Africa, the Middle East, South West and South East Asia totalling more than $735 000. These included:

    • a refugee women's protection clinic in New Delhi, India
    • a project in Sudan which aims to identify and assist refugees in need of resettlement
    • a project in Malaysia to strengthen the identification of refugees with special needs for resettlement purposes.



    Woman at Risk - protection clinic in India provides a haven for refugee women at risk




    1.2.2 Protection visas (onshore)

    Objective

    The objective of this programme is to ensure that Australia efficiently and effectively fulfils its international obligation not to return, directly or indirectly, refugees to their place of persecution.

    Table 34: Performance information - Protection visas (onshore)
    2005-06 Measures Results
    2002-03 2003-04 2004-05 2005-06
    9000 onshore protection (persons) finalised 8247 6299 8278 8226
    5250 intervention assessments, 2250 of which number post review assessment 12 361 10 858 5213 3788
    30 matters relating to complaints to and assessments for UN treaty bodies 11 86 15 9
    250 (Persons) in detention assisted under the Immigration Advice and Application Assistance Scheme 256 288 430 624
    100 per cent of applications (applicants not in detention) finalised within 90 days of lodgement 82 per cent(1) 78.8 per cent(1) 79.2 per cent(1) 70.2 per cent(3)
    Applications (applicants in detention)
    • 60 per cent finalised within 42 days of lodgement
    • 100 per cent finalised within 90 days of lodgement
    81 per cent(2) 88.4 per cent(2) 83.6 per cent(2) 51.3 per cent(3)
    87.94 per cent(3)

    (1)    In these years the published quality standard was '80 per cent of applications (applicants not in detention) finalised within 90 days of lodgement where there are not factors outside our control which prevent finalisation.' This was measured against initial primary application outcomes only.

    (2)    In these years the published quality standard was '60 per cent of applications (applicants in detention) finalised within 42 days of lodgement, where there are not factors outside our control which prevent finalisation.' This was measured against initial primary application outcomes only.

    (3)    Legislative changes on 12 December 2005 required 100 per cent of all applications to be decided within 90 days of lodgement. This does not exclude periods where factors beyond our control prevented finalisation. This was measured against initial primary application outcomes. The performance figures for 2005-06 also reflect the decision taken in early 2005 to delay hand downs of decisions to nationals of countries affected by the Tsunami where that was to their benefit. This meant that there was a significant number of Protection Visa applications not finalised within 90 days.




    Description

    Protection visas allow for the stay in Australia of people to whom Australia has protection obligations under the Refugees Convention 1951 and as amended by the Refugees Protocol 1967.

    Analysis of Performance

    Performance outcomes

    There were 8226 protection visa finalisation decisions in 2005-06. Finalisation decisions include primary decisions, visa grants resulting from review tribunal decisions, and certain visa cancellation decisions. A total of 5215 protection visas were granted in the year following primary, review, or ministerial intervention decisions.

    These figures represent similar activity to 2004-05. In that year there were 8278 protection visa finalisations and a total of 4601 protection visa grants. The number of finalisations and grants in 2005-06 reflects the finalisation of the bulk of further protection visa applications from temporary protection visa (TPV) and offshore temporary humanitarian visa (THV) holders.

    In 2005-06 there were 3300 initial protection visa applications lodged, which is comparable to the level of 3105 reported in 2004-05. Almost all applicants were living in the community and at least two thirds are estimated to have work rights and Medicare coverage. As indicated at page 188 of this report, during the year over 1500 people received assistance under the Asylum Seeker Assistance Scheme at a cost of $3.6 million.

    In 2005-06, 1255 of the protection visas granted resulted from initial applications, while 3936 resulted from applications for further protection and 24 resulted from ministerial intervention. Of the total of 5215 protection visas granted during the year, 1272 were counted as part of the Humanitarian Programme. The remainder were grants of further protection to TPV holders and THV holders who have already been counted as part of the Humanitarian Programme, and grants to Australian-born children of protection visa holders.

    Of the 5215 protection visas granted in 2005-06, some 93 per cent were permanent protection visas. This reflects both the small number of unauthorised boat arrivals during 2005-06 and that almost all further protection visas granted to temporary protection visa holders were permanent protection visas.

    Centralised management of the detention intervention caseload in National Office has strengthened liaison with both the detention management areas and the Minister's Office.

    We continued to give attention to streamlining onshore protection processing, strengthening arrangements for decision-maker training, country information research, and character checking to ensure speedy and robust decision-making. Work was maintained with other agencies to reduce waiting times for character and other checks beyond our control.

    Table 35: Protection visa grants 2005-06
    Visa type Temporary protection visa (subclass 785) Permanent protection visa (subclass 866) Total
    Initial 263 992 1255
    Further protection visa 82 3854 3936
    Ministerial intervention process 19 5 24
    Total 364 4851 5215

    Legislative changes - processing times

    On 17 June 2005, the Prime Minister announced that we would complete all primary assessments of applications for permanent protection visas from the existing case load of TPV holders by 31 October 2005 and that in future all protection visa decisions would be made within three months of application.

    On 12 December 2005, the Migration and Ombudsman Legislation Amendment Act 2005 amended the Migration Act 1958 requiring that all protection visa decisions are made by us within 90 days of application.

    This made the 2005-06 year a transitional one in relation to standards for protection visa processing time. In previous years, periods where factors outside our control prevented finalisation were excluded when determining achievement against the timeliness standard, which was measured against outcomes for initial primary applications. Following the Prime Minister's announcement and subsequent legislative amendment, periods where factors were outside our control were no longer excluded from the 90-day calculation.

    Details of applications not decided within the required 90 days must be included in reports to the Minister covering periods of four months from 1 July 2005 for tabling in both Houses of Parliament. The reports must include the reasons for applications not being decided within the required 90 day timeframe. This change in timeliness standards also applied to applications on-hand being processed under the previous standard, many of which were already more than 90 days old when the change was announced. These included applications from some people from countries affected by the December 2004 Tsunami where deferral of decision hand downs was to their benefit.

    Nevertheless, in 2005-06 we met the new decision standard for initial protection visa applications in over 70 per cent of cases where applicants were not in immigration detention, and in 88 per cent of the cases where applicants were in immigration detention. For new applications lodged in 2005-06 by applicants in the community, we finalised 88 per cent within 90 days of lodgement, and for applications from people in immigration detention 95 per cent were finalised in this timeframe.

    During 2005-06, two reports on applications not finalised within the 90 day decision timeframe were tabled in Parliament under the new legislation - one covering the period 1 July 2005 to 31 October 2005, the other from 1 November 2005 to 28 February 2006. In the overwhelming majority of cases, the reason for not meeting the standard was attributable to either the transitional nature of the caseload (including the fact that many applications were already over 90 days when the new standard was introduced) or the need to await outcomes of security assessments.

    Under the Immigration Advice and Application Assistance Scheme (IAAAS), we fund selected migration agents to provide application assistance to asylum seekers in immigration detention and to disadvantaged members of the community. Funding is also provided for information sessions, face-to-face advice, and telephone advice.

    In 2005-06, we assisted 624 asylum seekers in immigration detention at a cost of $1.2m. In addition, 442 people were provided with application assistance in the community at a cost of $0.61m and 5321 people were provided with advice by IAAAS providers at a cost of $0.35m.

    In anticipation of existing contracts expiring in June 2006, a tender process to refresh the panel of IAAAS service providers for the triennium 2006-09 started early in 2006. Of 27 tenders received, 23 were successful. All but one of the 22 current contractors submitted tenders and 19 of those were reappointed. Four new service providers were also selected. As a result, the distribution and number of IAAAS service providers under the contracts starting in July 2006 will remain substantially unchanged.

    We have a formal mechanism for regular discussions with the UNHCR on matters of operational policy relating to onshore protection visa processing and at Offshore Processing Centres. We also conduct regular consultations with representatives from the Australian Red Cross, IAAAS service providers, and non-government organisation groups on a national and regional level.

    Processing activity relating to people in the Offshore Processing Centre on Nauru is dealt with under output 1.5.

    We continued work on country research and analysis to support protection visa decision-making (see insert on our Country Information Service for details of country information holdings and additions to this service).



    The Country Information Service



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