Print1.4.3 Removals
Objectives
Give effect to the requirement in migration legislation that unlawful non-citizens who have no lawful basis to remain in Australia are removed. It also delivers security to the Australian community through the removal of unlawful non-citizens who may be of concern to the public for reasons such as their involvement in serious criminal activity.
Description
Removal covers people leaving Australia under the management of the department as a:
- monitored or supervised departure
- removal of an unlawful non-citizen under section 198 of the Migration Act, or a deportee under section 200 of the Act.
Unlawful non-citizens who are located in Australia may be detained in an immigration detention centre or other detention arrangement for the purpose of removing them from Australia or granted a bridging visa to allow them to voluntarily depart or remain in the community while their substantive visa application, merits or judicial review proceedings are being considered.
The department has established effective arrangements with most countries to remove people with no entitlement to remain in Australia. Departmental staff liaise with foreign missions in Australia and directly with foreign agencies overseas to facilitate return.
Performance
In 2007–08, there were 8404 compliance related departures, including 4055 monitored departures, 722 voluntary returns, two criminal deportations and 3625 removals from Australia. This is a decrease of 11 per cent from 2006–07 when there was a total of 9489 (4433 monitored departures, one criminal deportation, and 5055 removals from Australia). This reflects an increased focus on more effective case management aimed at regularising client status, a reduction in the number of illegal foreign fisher apprehensions and promoting voluntary departures.
A total of 65 people were removed after their visas were cancelled or refused under section 501 of the Migration Act, compared with 55 in 2006–07 and 44 in 2005–06.
Repatriation of illegal foreign fishers
In 2007–08, there were 1232 illegal foreign fishers taken into immigration detention and 1212 who were removed. This compares to 1437 taken into immigration detention in 2006–07 and 2888 in 2005–06, with 1673 and 2691 being removed respectively.
Removal Pending Bridging visas
The Removal Pending Bridging visa (RPBV) was introduced in May 2005. This visa was introduced to enable the release, pending removal, of people in immigration detention who have been cooperating with efforts to remove them from Australia but whose removal is not reasonably practicable at that time.
RPBV holders are entitled to a range of support services including help from Centrelink and access to Medicare.
RPBVs may be granted using the minister's non-delegable, non-compellable public interest power to grant a visa to a person in immigration detention. This power is in section 195A of the Migration Act.
From 11 May 2005, when the RPBV legislation commenced, up to 30 June 2008, a total of 46 RPBVs were granted. Of those:
- permanent visas have been granted to 20 clients, 10 in 2007–08
- six clients were granted temporary visas, three in 2007–08. The department is continuing efforts to resolve the status of these clients
- two clients departed Australia voluntarily, one in 2007–08, which had the effect of ceasing their RPBVs
- two clients had their visas ceased by a former minister, as they had become available for removal. One of those clients was subsequently found not to be fit for removal and was placed on a Bridging visa, pending resolution of his case. The other client sought an injunction preventing his removal in the Courts and the litigation was still ongoing as at 30 June 2008
- 16 clients remained on an RPBV, five of which were granted in 2007–08.
| Measures | Results | ||
|---|---|---|---|
| 2005–06 | 2006–07 | 2007–08 | |
| Quality | |||
| Compliance with quality assurance framework | -1 | -1 | 100%2 |
| Quantity | |||
| Number of removals, supervised and monitored departures | 10 501 | 9 489 | 8 404 |
| Number of Removal Pending Bridging visa (RPBV) holders returned or removed | 0 | 0 | 1 |
- Not measured in previous years.
- The results of a quality assurance audit of the removal process conducted during 2007–08 identified 100 per cent compliance with the Mandatory Control Point framework for assessing removal availability, including timeliness of the assessment and conduct of a senior officer review.
