1.3.1 Borders

Objective

This component aims to facilitate genuine travellers and prevent entry to Australia of those who threaten the national interest.

Description

This output component ensures effective immigration clearance and screening processes by working closely with other border agencies, especially Customs, and by employing leading-edge technology to deliver a secure immigration processing system that is as non-intrusive as possible for genuine travellers.

Performance

In 2007–08, 1613 people were refused entry at Australia's airports and seaports, compared to 1678 in 2006–07, a decrease of 3.9 per cent.

Table 48: Borders—performance information

Measures	Results
	2007–08
Quality
Increasing or maintaining proportion of referrals on arrival that result in refused entry at airports1	0.52%
Increasing or maintaining proportion of referrals on arrival that result in refused entry to seaports1	7%
Quantity	2006–07	2007–081
25.5 million passengers and crew arrivals and departures processed within the integrity framework	24.3 million	25.7 million
Number of people refused immigration clearance at airports	1 388	1 189
Number of people refused immigration clearance at seaports	290	424

1. Not measured in previous years.

In 2007–08, there were a total of 25.7 million passenger and crew arrivals and departures compared to 24.3 million in 2006–07. This represents an increase of 5.76 per cent.

The 2007–08 total figure comprises 23.6 million air passengers, 1.3 million air crew, 115 000 sea passengers and 720 000 sea crew, compared to the 2006–07 figures of 22.4 million air passengers, 1.2 million air crew, 111 000 sea passengers and 653 000 sea crew.

Immigration referrals at airports

The Migration Act 1958 requires citizens and non-citizens to identify themselves to a clearance authority and provide certain information in order to enter Australia. This process is designed to regulate the entry of people to Australia and to ensure that those who enter have authority to do so, that they are who they claim to be, and that they provide other information if required.

Customs undertakes primary immigration clearance processing on behalf of the department at Australian airports. The department trained more than 370 Customs officers in these procedures during 2007–08.

Under this process, the clearance authority examines a person's authority to enter Australia and checks that the person is an Australian citizen, a visa holder or a person eligible for a visa in immigration clearance, as well as the person's travel document. When the person's identity and authority to enter are confirmed and any other information required is provided, the clearance authority formally clears that person for entry to Australia.

Any issues surrounding a person's ability to meet the requirements must be referred to the departmental inspector at the airport for resolution. The department performs this role to facilitate the travel of legitimate travellers as efficiently as possible, while maintaining Australia's border integrity.

The department is responsible for all processes and interviews in relation to persons referred by Customs. Where the person's identity or authority to enter is not confirmed a person may, with the exclusion of Australian citizens, be refused immigration clearance.

In 2007–08, just over 226 676 passengers were referred on arrival to the department at airports for reasons ranging from data amendments to arrival without visas and for bona fide checks. Of those referred to the department, the overwhelming majority were cleared to enter Australia with only 0.53 per cent of the total number of non-Australian citizens being refused immigration clearance.

Immigration referrals at seaports

There are 25 dedicated seaports officers from the department supporting Customs in the immigration clearance of vessels arriving at Australia's seaports. They are located in state and territory offices and regionally in Port Hedland and Cairns. Under an ongoing training program, the department has delivered immigration clearance training to Customs officers at most major and several regional ports. During 2007–08, departmental immigration officers boarded 1691 vessels to examine crew and passenger documents and resolve case referrals identified by Customs as being of potential immigration concern.

Infringement notices

Under Australian law, international carriers entering Australia from overseas must comply with certain obligations in relation to their vessels and the people on board. It is the responsibility of the carrier to ensure that a passenger is properly authorised to travel to Australia. Where a carrier brings an inappropriately documented passenger, or an undocumented passenger to Australia, it may be liable, upon conviction, to a fine of$10 000.

Table 49: Entries and departures

Measures	Results
	2004–051	2005–06	2006–07	2007–08
Quantity
Passenger and crew arrivals and departures processed within the integrity framework	22.6 million	23.3 million	24.3 million	25.7 million
Quality
Increasing or maintaining proportion of arriving air passengers and crew processed via APP	99.8 per cent of passenger and crew arrivals processed
Increasing or maintaining proportion of arriving sea passengers and crew processed via APP	99.6 per cent of passenger and crew arrivals processed
Travel statistics services completed for interagency delivery within agreed timeframes	91.6 per cent achieved
All immigration Torres Strait Island Treaty obligations are met through the Movement Monitoring Officer network	52 312 traditional inhabitant movements recorded, and 802 ineligible persons refused entry. Papua New Guinea nationals accounted for 98.6 per cent and Torres Strait Islanders 1.4 per cent of movements

1. The figures for the quantity measure (number of arrivals and departure) in 2004–05 do not include the number of crew movements.

As an alternative to prosecution, the carrier may elect to pay a prescribed penalty of $5000 for an offence (an infringement notice).

The department maintains this policy to deter carriers from failing to confirm passengers' immigration status before they board a plane to come to Australia. Any such oversight on the part of a carrier has the potential to seriously compromise Australia's border security.

The effectiveness of Australia's border security initiatives is illustrated in the significant drop in the number of infringement notices served to airlines in recent years. At the peak in 1999–2000, over 5000 infringement notices were issued.

In 2007–08, 660 infringement notices were issued to airlines, more than an 80 per cent decrease since 1999–2000. See Figure 25.

The net number of infringement notices served on shipping vessels was 26 in 2007–08, compared to 31 in 2006–07.

TRIPS system administration

The department's Travel and Immigration Processing System (TRIPS) records the arrivals, departures and related visa information necessary for the processing of international travellers to Australia. The information is used by the department and other border, law enforcement and security agencies to manage the entry and departure of travellers to Australia.

Figure 25: Infringement notices issued to airlines from 1999–2000 to 2007–08

In 2007–08, the department undertook a TRIPS Data Enhancement Project as part of the larger border security initiative, to ensure that client identity and visa status data held in the border systems was high quality, reducing the need for manual interventions to rectify problems for travellers and improving certainty about client identity and visa status.

A combination of manually fixing client data errors and removing the continuing system-based causes of client data quality issues has resulted in a substantial reduction in the number of data problems. The work will be continued in 2008–09 as part of the ongoing maintenance and enhancement work for the border systems.

Refused immigration clearance

In Australia's 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 prior to their entry into the community.

A person can be refused immigration clearance if they are unable to meet Australia's entry requirements.

This occurs where a person either has their visa cancelled, is refused at the border, is inadequately documented, or is unable or refusing to comply with the requirement to provide evidence of their identity and authority to enter Australia.

In 2007–08, there were 424 people refused immigration clearance at Australian seaports. This is a 46 per cent increase over the 290 people who were refused immigration clearance in 2006–07. This increase is attributed to the mandatory requirement for foreign crew to hold a Maritime Crew visa which commenced on 1 January 2008.

In 2007–08, there were 1189 people refused immigration clearance at Australian airports. This represents a decrease of 14 per cent over the 1388 people refused in 2006–07.

In 2007–08, about 64 per cent of persons refused immigration clearance had their visas cancelled due to a decision that they were not bona fide visitors to Australia, in that they did not intend to comply with the conditions associated with their visa. A person may also be refused immigration clearance if they fail to meet the character requirement for entry to Australia or if they produce fraudulent documentation with an aim to illegally enter Australia.

In 2007–08, about 93 per cent of those refused immigration clearance at Australian airports departed Australia within 72 hours, in most cases on the next available flight.

Deserters and stowaways

In 2007–08, there were 46 deserters and six stowaways reported to the department. This compares to 2006–07 figures of 25 deserters and four stowaways.

Central Movement Alert List project

The Central Movement Alert List (CMAL) project, begun in 2004–05, will be completed in 2008–09, with implementation of the new checking process in all visa processing systems by the end of 2008.

Onshore intelligence network

The department has intelligence officers based in state and territory offices to investigate all forms of immigration malpractice. This network promotes effective intelligence linkages between national and state/territory offices and has enhanced the collection, analysis and reporting on intelligence at the border and in state caseloads.

Overseas compliance officer network

During 2007–08, immigration compliance officers were deployed at 23 Australian missions to collect immigration intelligence, investigate caseload fraud and other immigration malpractice, and combat human trafficking and people smuggling. In 2007–08, two new immigration compliance positions were established at Australian missions in Beijing and Manila, bringing the total number of officers to 33. These new positions focus on combating human trafficking.

Regional counter-terrorism capacity building initiative

As part of Australia's Regional Counter-Terrorism Capacity Building Initiative, the department delivers specialist immigration intelligence training in the Asia-Pacific region. Training was conducted for immigration officers from Cambodia, East Timor, Indonesia, Malaysia, Thailand and Vanuatu.

In addition, a workshop on Immigration Intelligence Best Practice was conducted with Chinese authorities. The department will continue to deliver training and participate in relevant multilateral forums in the Asia-Pacific region in 2008–09 under this initiative. Building capacity in other immigration agencies contributes to overall border security in the Asia-Pacific region and is an ideal way for the department to build relationships with its counterparts throughout the region.

Immigration intelligence database

Use of the dedicated immigration intelligence database, IMtel, increased across the department through 2007–08. Document Examiners Notices are now available through IMtel to onshore and offshore officers. The increased use of the system, onshore and offshore, has resulted in improved intelligence dissemination and more timely responses to immigration malpractice cases.