1.3.2 Prevent unlawful entry
Objective
- Deliver on Australia’s commitment to border protection.
Description
Under this output component, the department ensures effective offshore and border operations to identify and detect people who have no entitlement to enter Australia and to prevent their entry.
The department uses deterrent and law enforcement strategies and cooperates with other countries in the region to combat and prevent:
- attempted entry by people who threaten the good order of the community, are of national security or character concern, or otherwise fail to meet the entry requirements
- unlawful entry by improperly documented people
- people smuggling activities
- unauthorised boat arrivals
- fraud against Australia’s visa programmes.
Performance
In 2006-07, there were 1678 refused entries at Australia’s air and sea ports, compared to 1995 in 2005-06. This represents a decrease of 16 per cent from 2005-06.
Refused immigration clearance
In Australia’s multi-layered approach to border processing, the border is the final point at which a person’s identity and authority to remain in Australia can be confirmed before their entry into the community.
People can be refused immigration clearances if they are unable to meet Australia’s entry requirements. This happens if people either have their visas cancelled or refused at the border, or are inadequately documented, or are unable or refusing to comply with the requirement to provide evidence of their identity and authority to enter Australia.
In 2006-07 there were 1388 people refused immigration clearance at Australian airports. This was a decrease of 13 per cent over the 1598 people refused in 2005-06.
The number of people refused immigration clearance in 2006-07 was 0.02 per cent of all non-Australian citizen passenger air arrivals.
In 2006-07, around 75 per cent of people refused immigration clearance had their visas cancelled because they were not found to be bona fide visitors to Australia, in that they did not intend to comply with the conditions associated with their visas. People may also be refused immigration clearance if they fail to meet the character requirement for entry to Australia or if they produce fraudulent documentation to illegally enter Australia.
In 2006-07, around 95 per cent of those refused immigration clearance at Australian airports left Australia within 72 hours, in most cases on the next available flight.
Arrivals by sea
In 2006-07, there were 290 people refused immigration clearance at Australian seaports compared to 397 in 2005-06 – a decrease of 27 per cent.
Human influenza pandemic planning
Throughout 2006-07, the department continued to work together with other Australian agencies in a whole-of-government effort to respond to a potential influenza pandemic. In the event of a pandemic, the department’s role will be to have in place appropriate contingency measures to ensure the lawful and orderly entry and stay of people in Australia.
Airline Liaison Officers
Airline Liaison Officers (ALOs) conduct document screening of many Australia-bound passengers at key international gateways. They provide advice to airlines and to host governments on passenger documentation issues, and by their visible presence, deter the activities of those involved in people smuggling. The ALO programme operates flexibly, adapting to emerging issues as required. During 2006-07, the ALO network had up to 21 ALO positions at 16 locations.
In 2006-07, ALOs intercepted 180 persons attempting to travel to Australia using forged or fraudulent documentation,a 24 per cent increase over the 143 interdictions in 2005-06.
In some locations, Australia’s ALOs share information with the ALOs of other countries and host governments, contributing significantly to international action against people smuggling. For example, during 2006-07, the ALO network helped prosecute people smugglers by recognising information and documents of evidentiary value outside Australia and referring them to authorities in Australia.
ALOs prevented Australian passports from being used to fraudulently enter Australia and New Zealand. In cooperation with ALOs from other countries, Australian ALOs helped interdict 2872 persons from travelling to other countries in 2006-07. This level of interdictions is an indicator of the continued global activity of people smugglers.
Central Movement Alert List (CMAL) Project
The 2005-06 Budget provided funding over four years to improve the Movement Alert List (MAL). The new midrange system, known as the Central Movement Alert List (CMAL) will replace MAL as the department’s principal electronic alert system and further enhance Australia’s national security and border control strategy.
CMAL has current capability to retrieve identity information provided by the Identity Services Repository (ISR) and to assign and maintain MAL statuses derived from assessments made by Border Operation Centre (BOC) analyst staff. A gradual rollout program during the next 12 months to all of the department’s visa and border systems will see CMAL replace the mainframe-based MAL for those systems, starting in October 2007.
Law enforcement liaison
The department has continued to maintain strong support for law enforcement agencies, in particular Australian police services, by providing timely immigration information to assist investigations and proceedings leading to criminal convictions.
In 2007, the department initiated a quality assurance programme that mapped and examined its processes in order to maintain a consistent approach when examining, assessing and responding to requests for information.
In 2006-07, the department responded to 2986 formal requests for information and disclosed a total of 14 486 movement records and 3759 passenger card copies for law enforcement purposes.
Onshore intelligence network
The department has intelligence officers based in National Office, key ports and state and territory offices to investigate all forms of immigration malpractice. This network promotes effective intelligence linkages between the National Office and state and territory offices and has enhanced the collection, analysis and reporting on intelligence at the border and in the department’s state caseloads.
Overseas compliance officers
The department now deploys 31 immigration compliance officers at 23 Australian diplomatic missions to collect immigration intelligence, investigate caseload fraud and other immigration malpractice, and combat human trafficking and people smuggling. In 2006-07, a new immigration compliance position was established at the Australian mission in Guangzhou and the position in Beirut was relocated to Amman.
Regional counter-terrorism assistance initiative
As part of Australia’s Regional Counter-Terrorism Capacity Building Initiative, the department is working together with immigration agencies throughout the Asia-Pacific region to build their immigration intelligence capabilities. The department has delivered specialist immigration intelligence training to immigration officers in Thailand, Cambodia, Vietnam, East Timor, Samoa, Tonga, Vanuatu and the Philippines. In 2007-08 the department will provide further assistance to these countries as well as expanding the programme to include other countries in the region. Providing mutually beneficial cooperation in immigration intelligence develops and strengthens our relationships with our regional partners and contributes to the overall border security of Australia and the region.
Immigration intelligence database
Use of the dedicated immigration intelligence database, IMtel, increased across the department through 2006-07. The roll-out of the system in May 2006 to offshore compliance officers has resulted in improved intelligence dissemination and more timely responses to immigration malpractice cases.
Updates to the system have resulted in faster and more reliable searching capability. Improvements scheduled for 2007 and 2008 include integration with other departmental systems.
Biometrics and identity management
During 2006-07, the department rolled out biometric and identity management technology as part of a broader identity management strategy to improve non-citizen identification. The new technology currently supports immigration detention centre operations and the detention management of illegal foreign fishers.
The department has been collecting and storing personal identifiers and is developing the capability to use the technology to better identify people such illegal foreign fisher repeat offenders.
The identity service database has grown from 435 000 facial images and 3.3 million travel document images at the end of the 2005-06 reporting period to 650 000 facial images and nine million travel document images at the end of June 2007 – an increase of 215 000 facial images and 5.7 million travel documents.
The number of identity service users increased from 93 at the start of the period to 420 and the identity service has responded to 10.6 million requests to retrieve proof-of-identity document information.
The department’s biometrics programme is guided by its overall identity management strategic plan and supports a number of national, international, and whole-of-government initiatives, such as biometrics for border control involving DFAT, the ACS and the Office of the Privacy Commissioner.
National identity verification and advice
Since 2005, the national identity verification and advice (NIVA) function has been an essential operational component of the department’s identity management strategy.
The NIVA functions include:
- helping operational staff in state and territory offices identify people of immigration compliance interest
- coordinating a national approach to investigating and identifying people of immigration interest where it is difficult to establish identity, with the principal focus being on people in immigration detention
- ensuring cases involving complex and sensitive identity issues are identified as early as possible and handled in a consistent, systematic and efficient manner.
An early-warning system is coordinated through a referral process set out in the departmental instruction Establishing Identity in the Field and in Detention. Cases where a client is unidentified or has claimed to be an Australian citizen or permanent resident are referred to the department’s national office through an escalation mechanism. The NIVA role includes monitoring progress on identity investigations (information referrals) and conducting identity investigations of particularly complex cases (action referrals).
Since the NIVA function started, 562 cases have been referred to the department’s National Office. Of these:
- 75 per cent were referred for information only, while the remaining 25 per cent were actively investigated by the officers at the national office
- 76 per cent of information referrals were finalised in under three months
- 70 per cent of action referrals were finalised in less than six months
- 83 per cent of cases were resolved.
In addition to managing a growing identification caseload the department has:
- reviewed policies, procedures and tools designed to assist operational staff to establish identity in the field and in detention to ensure a consistent approach to identity investigation department-wide
- continued to establish relationships with people and agencies who provide expert advice on identity-related matters
- coordinated the department’s responses to requests from law enforcement agencies for information regarding missing persons.
During 2006-07, the department’s internal auditors conducted a review of client identity management, which focused on the effectiveness of the national identity verification and advice function, state and territory office compliance with identity referral requirements and the effectiveness of identity management with key departmental systems and identity fraud risk mitigation activities. The department is implementing the recommendations of this review.
Overseas compliance and identity training
The department continued its programme of targeted compliance training and briefings for staff who undertake overseas roles. In 2006-07, 46 Airline Liaison Officers and 14 officers on long-term postings overseas completed compliance and document examination training programmes.
These programmes increase their skills in identifying, analysing and combating document and identity fraud, people smuggling and unauthorised arrivals. Seventeen airline and ground handling supervisors from Thailand, Indonesia, Hong Kong, Singapore, Seoul, Manila, Shanghai and Malaysia were trained in Canberra and Sydney.
Document examination
The department’s Global Document Examination Network (GDEN) provided document examination training for 1154 departmental officers in 2006-07. The department also provided document examination training for 988 officers from foreign government immigration and border agencies. Another 55 foreign officers were trained in the use and maintenance of document examination laboratory equipment.
The department has also developed a searchable repository of bulletins and alerts on fraudulent travel documents detected both onshore and offshore which is available on its intranet and on DVD and CDs. The repository, the Document Examination Alert Notices (DEAN), has more than 1000 records in its database.
At 30 June 2007, 28 departmental staff across Australia had enrolled in the Diploma of Forensic Document Examination at the Canberra Institute of Technology. The course is an accredited formal qualification and includes a thorough understanding of technical and scientific skills involving the application of forensic document examination techniques in the workplace and the operation of forensic document examination equipment. The department also sponsored the enrolment of four students from the Philippines and Indonesia in the course.
The department was also involved in a number of activities with governments in the Asia Pacific and Middle East regions to build on border management strategies, including:
- the delivery of a presentation by departmental document examiners at the Australia-India bilateral workshop on combating identity crime held in April 2007 in New Delhi a visit by three departmental forensic document experts to the People’s Republic of China (PRC) in May 2007 as part of an information exchange with counterparts in Shanghai and Beijing
- participation by the department’s document examiners in capacity-building initiatives during 2006-07, providing training in countries such as East Timor, Fiji, Indonesia, Laos, Malaysia, Philippines, Solomon Islands, Thailand and Vietnam.
Deserters and stowaways
In 2006-07, 10 deserters and 11 stowaways were located by the department’s compliance units, compared to 15 and three respectively in 2005-06.
Decisions made by the minister personally under Section 501
In 2006-07, the minister personally made s.501 decisions in 46 cases. In 2005-06, six such decisions were made.
When the minister personally cancels a visa under s.501, the former visa holder does not have access to a merits review of the decision, although judicial review is still available.
In 2006-07, delegates of the minister made 582 s.501 decisions. These comprised 70 cancellation decisions and 178 refusal decisions and 334 warnings.
Section 501 contains the power to cancel a visa where the visa holder is found not to pass the character test for reasons such as:
- a substantial criminal record
- an association with a person, group, or organisation involved in criminal activity
- their past and present criminal or general conduct.
A person whose visa is cancelled under s.501 wholly or partly because of their criminal conduct or substantial criminal record is prohibited from returning to Australia.
In 2006-07 there were 116 visas cancelled under s.501.
General visa cancellations
The Migration Act 1958 contains nine separate powers for cancelling a visa apart from s.501. The power used depends on the location of the visa holder (whether in Australia, in immigration clearance at an Australian airport or seaport), the type of visa held, and the particular circumstances of the case. While the Migration Act allows for more than one power to be used in any particular case, generally only the most appropriate power will be used.
Section 109 — Incorrect information
Section 109 is used to cancel temporary and permanent visas where the visa holder has given incorrect information or presented a bogus document in order to obtain a visa. It may only be used where the visa holder is in Australia, although equivalent grounds are provided in s.116 for cancellation where the person is outside Australia (see below).
In 2006-07 there were 33 visas cancelled under s.109.
Section 116 — General grounds
Section 116 contains a number of general grounds for cancellation, including breach of visa conditions and where the grounds for holding the visa no longer exist. Further grounds under s.116 are prescribed in the Migration Regulations. Section 116 cannot be used to cancel a permanent visa in Australia, except where the visa is cancelled at the airport on the visa holder’s first entry to Australia.
In 2006-07 there were 3509 visas cancelled under s.116.
Section 128 — Visa holder outside Australia
Section 128 contains the same grounds as s.116 but is used to cancel permanent and temporary visas where the visa holder is outside Australia. This power is different to the other powers in that no notice of intent to cancel is sent to the visa holder prior to cancellation.
Instead, following cancellation, the former visa holder is invited to apply for revocation of the cancellation.
In 2006-07 there were 12 676 visas cancelled under s.128.
Section 134 — Business visas
Section 134 is used to cancel permanent business migration visas where visa holders fail to abide by the conditions of their visa.
In 2006-07 there were 1081 visas cancelled under s.134.
Section 137J — Student visas
Section 137J relates only to student visas and occurs by operation of law in certain circumstances.
In 2006-07 there were 1343 visas cancelled under s.137J.
Section 137Q — Regional sponsored employment visas
Section 137Q is used to cancel regional sponsored employment visas where the holder fails to abide by the conditions of their visa.
In 2006-07 there were two visas cancelled under s.137Q.
Section 137T — Regional sponsored employment visas – consequential cancellation
This power is used to cancel the visas of dependent family members where the main visa holder’s visa is cancelled under section 137Q.
In 2006-07 there were no visas cancelled under s.137T
Section 140 — Consequential cancellation
Section 140 provides the mechanism for cancellation of related visas held by members of the family unit where the main visa holder’s visa is cancelled.
The cancellation occurs by operation of law. It also provides a discretionary ground to cancel the visa of an associated visa holder (who is not a family member of the main visa holder) where the main visa holder’s visa is cancelled.
In 2006-07 there were 4038 visas cancelled under s.140
Section 164 — Criminal Justice visa
Section 164 is used to cancel criminal justice visas where the holder is no longer required in Australia for law enforcement purposes.
In 2006-07 there were 82 visas cancelled under s.164.
In 2006-07 the most common power used to cancel visas was s.128 (visa holder outside Australia) followed by s.140 (consequential cancellation) followed by s.116 (general power).
The visa category with the highest number of cancellations in 2006-07 was the temporary residents with 46 per cent cancellations in that year. The second highest number of cancellations was in the student category with 28 per cent. The third highest was the visitor category with 17 per cent.
Of the 22 880 people who had their visas cancelled in 2006-07, there were 9460 females, 13 418 males and 2 cases where gender was not recorded. Of the females 3751 or 40 per cent were aged between 25 - 30 years, followed by the 15-24 year age group with 2364 or 25 per cent. Males in the 25-34 year age group had the highest number of cancelled visas 4878 or 36 per cent of the male group, followed by 3385 or 25 per cent for the 15-24 year age group.
The state or territory with the highest number of visa cancellations in 2006-07 was New South Wales with 5516 cancellations, followed by Tasmania with 3602.
Of the 1049 cancellations made at Australian airports in 2006-07, 525 or 50 per cent were made at Sydney airport. The next highest was in Melbourne with 244 (23 per cent) and Brisbane with 177 (17 per cent). Perth had 54 and there were small numbers, 22 and 15 in Adelaide and Cairns respectively.
In terms of absolute numbers, the United Kingdom had the largest number of cancellations (3644) in 2006-07, followed by the People’s Republic of China (1906) India (1886) USA (1431) and Malaysia (1417).
In 2006-07, our officers stationed in other countries cancelled 2205 visas. The overseas post with the highest number of cancellations was Seoul with 321, followed by Kuala Lumpur with 294, Singapore 162, Hong Kong 129, New Dehli region 126. Manila and Guangzhou both with 116, Shanghai 110, London 105 and Auckland 84.
War crimes screening
A War Crimes Screening Unit was established in 2002 to screen applicants and advise decision-makers on this aspect of character checking.
War crimes screening pays particular regard to applicants who are from regions where conflicts led to human rights abuses. Individuals suspected of having been involved in war crimes are listed on the department’s Movement Alert List (MAL). There are currently over 7600 names on the list related to war crimes and crimes against humanity.
A total of 933 cases were referred to the unit for screening advice during 2006-07.