Print1.4.1 Detection onshore
Objective
To deter, identify and respond to breaches of immigration law in Australia. Compliance resources are dedicated to engage with key stakeholders such as employers, to find people who have no authority to be in Australia; have stayed in Australia beyond the period specified in their visas (overstayers); or are in breach of conditions which apply to their visas (for example, illegal workers).
This output component also delivers security to the community through the refusal or cancellation of visas for non-citizens who may be of concern to the public for reasons such as involvement in serious criminal activity.
Description
Under this output component, the department aims to prevent and deter breaches of immigration law. Where this is not possible, the department works to identify and find those who have breached immigration law.
People found in breach of immigration law may have their visas cancelled, be removed from Australia and/or face prosecution. This output component also incorporates the investigation and prevention of organised fraud and immigration malpractice in the Australian community and the active engagement of intermediaries such as licensing bodies and employers to help reduce breaches of the Migration Act.
The department prepares an estimate of overstayers at 30 June and 31 December each year. It is an estimate of all persons believed to have overstayed their visas at that date who are suspected of remaining in the Australian community. The estimates therefore do not include people who were in immigration detention at the estimate date. Also not included are people who were unlawful for a period of time, but departed or were granted a further visa and became lawful again prior to the estimate date.
Performance
In 2007–08, the department continued transforming its business to increase its focus on promoting the overall integrity of immigration programs. This involved maintaining an appropriate balance of prevention, deterrence and enforcement activities.
This balance sees the department focusing more strategically on employers, labour suppliers and organisers rather than only dealing with individual visa breaches. The department's aim is to work with these groups, as far as possible, to prevent visa non-compliance and to use sanctions only where there is blatant or repeated non-compliance on their behalf. Priority is also given to the location and removal of unlawful non-citizens who pose the greatest risk to the Australian community.
Despite a significant increase in the number of travellers to Australia, the estimated number of overstayers has remained largely unchanged for the past three years from 47 797 at 30 June 2005 to 48 456 at 30 June 2008. The department attributes the overall low number of estimated overstayers to a number of factors such as higher levels of adherence to conditions of entry to Australia and more effective screening arrangements overseas.
In 2007–08, the department located 10 722 people who had either overstayed their visas or were in breach of their visa conditions. This is a decrease of 5.16 per cent on the 2006–07 total of 11 304 locations. The department's compliance activity during 2007–08 shifted in focus from general overstayers to more resource intensive, high-risk non-compliance cases, and the department also increased its emphasis on work to encourage people to abide by visa conditions and depart voluntarily.
In addition, the department focused on enhancing training and procedures for the national compliance network. In keeping with the department's strategic goals of well trained and supported staff, compliance officers are not permitted to commence field activities without undertaking an intensive accredited training program. In 2007–08, 132 officers undertook the training program.
The department's compliance quality assurance framework, IT improvements through the Systems for People program and ongoing revision of policy instructions have improved the quality of decisions made in respect of clients, particularly in relation to their detention and removal from Australia.
Employers and other intermediaries
A continuing strategy has been the focus on intermediaries such as employers, migration agents, education providers and labour hire companies who can play a strong role in helping people to adhere to migration law.
Table 51: Detection onshore—performance information| Measures | Results |
|---|---|
| 2007–08 | |
| Quality | |
| Proportion of s. 501 cases in the serious criminal category considered for cancellation | 100% |
| Proportion of briefs of evidence submitted to the Commonwealth Director of Public Prosecutions that are accepted | 94% |
| Quantity | |
| Number of locations | 10 722 |
| Number of overstayers | 48 4561 |
| Number of s. 109 (incorrect information) cancellations | 55 |
| Number of s. 116 (general power) cancellations (including student visa s. 116 cancellations) | 2 976 |
| Number of s. 128 (people outside Australia) cancellations | 15 109 |
| Number of student visas (excluding subclass 580 student guardian visas) cancelled under s. 116 | 1 288 |
| Number of student visas (excluding subclass 580 student guardian visas) cancelled under s. 137J (student non-compliance) | 2 050 |
| Number of cases considered for s. 501 (character) refusals | 203 |
| Number of cases considered for s. 501 cancellations | 533 |
| Number of cases involving indicators of people trafficking referred to the Australian Federal Police | 59 |
- Bi-annual snapshot data is used to calculate the estimate of unlawful non-citizens.
During 2007–08, the department continued to promote the Visa Entitlement Verification Online (VEVO) system. This internet-based visa entitlement checking system occurs in real-time and allows employers, labour suppliers, licensing authorities and educational institutions to check the immigration status and other entitlements of visa holders in Australia.
VEVO has gained widespread acceptance from employers in every industry sector (including the sex industry, for the first time) and is now the department's main vehicle for immigration status checking. Feedback received from employers indicates a high level of satisfaction with the service as they get an answer on the spot (compared with 24 hours or more for the department's faxback service). In addition, employers do not need to keep any paperwork as the department keeps a record of who has been checking and what checks have been made.
The department continues to conduct employer awareness training sessions to educate employers about immigration status checking with the aim of reducing the number of illegal workers. These sessions also inform employers and labour suppliers about the immigration status-checking facilities provided by the department. Illegal Worker Warning Notices are issued to employers or labour suppliers who have employed or referred illegal workers. The warning notices advise employers that they have employed an illegal worker and advise of the possibility of further prosecution.
In 2007–08, the department issued an estimated 750 notices, compared to 529 notices in 2006–07 and 1094 notices in 2005–06. As at 30 April 2008, the department had issued 622 notices, and a total of 81 employers received more than one notice.
An important milestone was reached during the year with the implementation of the Migration Amendment (Employer Sanctions) Act 2007. From 19 August 2007, it has been an offence for a person to knowingly or recklessly:
- allow an illegal worker to work
- refer an illegal worker for work with another business.
Individuals convicted of these offences face fines of up to $13 200 and two years imprisonment while companies face fines of up to $66 000 per illegal worker. The penalties are higher where exploitation through slavery, forced labour or sexual servitude is involved.
The offences apply to employers, labour hire companies, employment agencies and other people who allow illegal workers to work or refer illegal workers for work. This includes taxi owners who lease their taxis to drivers, brothel owners who rent or lease rooms to sex workers, and businesses that operate informal labour referral services such as hostels that organise harvest work for backpackers.
The introduction of these changes was supported by an active information campaign explaining the department's commitment to helping Australian employers find eligible workers from overseas, while at the same time enforcing Australia's laws where abuse of immigration arrangements is detected.
Community information
Information from the public provides important support to the government in its efforts to maintain the integrity of immigration programs. Members of the public report instances of possible malpractice mainly through the department's telephone reporting numbers. A free national 'dob-in' fax service is also available.
As a result of calls from the public and information from other sources, 2481 allegations were identified in 2007–08, resulting in 154 formal investigations being commenced with 15 briefs of evidence accepted by the Commonwealth Director of Public Prosecutions. The department successfully prosecuted eight clients in 2007–08, an increase of one over 2006–07.
Students
The main condition that affects students is called Condition 8202 and provides that visa holders must satisfy course requirements and, where such records are kept, attend at least 80 per cent of scheduled course contact hours.
Education providers must report students in breach of this condition to the department. They must also send students notices of breach, which require the students to attend a departmental office within 28 days to explain the breach. If students fail to comply with the notice, their visa is automatically cancelled under section 137J of the Migration Act. Automatic cancellation enables a rapid response to breaches of Condition 8202, reducing the volume of resources required to follow up non-complying students.
Locations
The term 'locations' relates to clients who are in the community and who are either unlawful (for example, visa overstayers) or believed to be breaching visa conditions (for example, working without authority).
Cases where people voluntarily approach the department accounted for 8022 locations in 2007–08. A total of 1339 locations occurred as a direct result of compliance field work with a further 1361 locations occurring as a result of 'non-voluntary approaches'. Non-voluntary approaches occur where unlawful non-citizens are located by other government agencies such as when state or territory police detain individuals for criminal offences and it is then discovered they are unlawful non-citizens.
A total of 1478 locations involved people who were found to be working without authority, including people holding visas which do not afford work rights.
Bridging E visas
Of the 10 722 locations in 2007–08, 8075 resulted in unlawful non-citizens being issued Bridging E visas. These visas allow people to remain lawful in the community while they make arrangements to depart Australia, lodge substantive visa applications, or where they are pursuing merits or judicial reviews of visa decisions.
Under the Migration Regulations, unauthorised arrivals with special needs may be released on Bridging E (subclass 051) visas (BVEs) where they have made a valid application for a protection visa and have not received a primary decision or it is subject to merit or judicial review.
During 2007–08, there were no Bridging E (subclass 051) visas granted.
