PrintOutput 1.4 Compliance
Overview
This output has three components:
The broad outcomes are to:
- support the integrity of Australia's visa and citizenship programs by enabling staff within the department and other agencies to identify and respond to breaches of immigration or citizenship law or other irregularities. This covers the resolution of a client's immigration status, including possible return to their country of origin for those non-citizens who have no right to remain in Australia
- deter non-citizens from overstaying or breaching their visa conditions through prompt and effective enforcement of immigration law throughout Australia and in all sectors of the economy
- seek to reduce the incidence of people working illegally, or accessing the labour market by abusing process through an active compliance strategy; deterring people smugglers; investigating offences under the Migration Act 1958 by migration agents, employers or intermediaries; and undertaking employer awareness activities.
Highlights
As at 30 June 2008, it was estimated that 48 456 people were in Australia unlawfully.
During 2007–08, the department continued to shift its focus to promoting the overall integrity of Australia's immigration programs, through delivering an appropriate balance of prevention, deterrence and enforcement activities. The department has increased its emphasis on activities aimed at promoting voluntary compliance with immigration and citizenship rules. It has improved its capacity to provide information support and assist clients to resolve their status in a timely and appropriate manner through more effective case management and stronger oversight of at risk cases. The department also continued with moves to limit detention and removal activity to those who present a serious risk to the Australian community or refuse to comply.
The use of immigration detention as a means of resolving a client's immigration status has declined since 2002–03. The percentage of unlawful non-citizens now detained after being located by the department has halved to about 17 per cent and the number of people spending more than two years in immigration detention has also halved since 2002–03.
If an unlawful non-citizen is detained, compliance officers, case managers and detention services work together to ensure that they are placed in the least restrictive immigration detention environment appropriate to their circumstances. The department is using the outcomes of the minister's review of long-term detention cases, in liaison with the Ombudsman's office, to look at ways of further reducing the incidence and duration of an unlawful non-citizen's detention and ensuring that the use of immigration detention is appropriate.
The Migration Amendment (Employer Sanctions) Act 2007 commenced on 19 August 2007. Under the legislation, it is now a criminal offence to knowingly or recklessly employ an illegal worker or to refer an illegal worker for work. The department works closely with industry peak bodies, trade unions, licensing authorities, employers and ethnic communities to promote this understanding.
Case study: Community Care Pilot
An elderly couple arrived in Australia on tourist visas in 1997 and made numerous attempts to achieve an immigration outcome that would allow them to remain in Australia. When they met their case manager in 2007 they had no money, no stable accommodation and were in extremely poor health, including their mental health.
The case manager referred this couple to the Community Care Pilot who engaged the Australian Red Cross to their case. Their case manager worked with the Australian Red Cross to help the couple access appropriate health care and medication, which improved their health significantly.
With their improved health, they were better able to engage in the resolution of their immigration status by providing the department with important information that allowed for a more accurate understanding of their circumstances. On the basis of this increased understanding, the minister intervened to grant them family Humanitarian visas.
Overall, this balance of activities is improving the integrity of Australia's immigration programs. In 2007–08, more than 4.6 million temporary entrants and permanent residents arrived in Australia. Approximately 13 880 or 0.3 per cent of temporary entrants overstayed their visas in 2007–08. The overall number of overstayers as a percentage of temporary visa grants remained at less than 1 per cent in 2007–08.
Promoting voluntary compliance
The department looks to promote voluntary compliance with immigration law by engaging with employers and educational institutions to provide them with an understanding of their rights and obligations under the Migration Act. Officers of the department undertook 2251 awareness visits to employers during 2007–08.
Visa Entitlement Verification Online
The use of the department's Visa Entitlement Verification Online service is an indication of how well this engagement is working. The number of work entitlement checks undertaken by employers to check the work rights of potential workers through the service increased by 97 per cent in 2007–08 with more than 245 000 checks being completed.
Supporting and assisting resolution
The department carried out a number of activities during 2007–08 to further assist clients in resolving their immigration status with dignity and in a fair, timely and appropriate manner.
Community Care Pilot
The Community Care Pilot focuses on providing immigration advice, information and counselling support to the department's vulnerable clients while addressing their health and welfare needs. It offers community assistance through the Australian Red Cross and information and counselling services through the International Organization for Migration. An immigration advice and application support service is also offered to provide clients with access to expert assistance with their visa applications.
As at 30 June 2008, the pilot had assisted 746 clients since its inception in May 2006. Of these, 504 (68 per cent) received community assistance and 398 (53 per cent) received immigration information and counselling services. A total of 291 (39 per cent) were assisted in the resolution of their immigration status through the pilot.
As part of the 2008–09 Federal Budget, the government agreed to continue the pilot for a further 12 months until 30 June 2009. It currently provides services to clients in NSW, Victoria and Queensland.
Community Status Resolution Trial
The Community Status Resolution Trial, which commenced in July 2007 in Victoria and NSW, is exploring opportunities for developing assisted voluntary returns services by extending arrangements under the Community Care Pilot. Under these arrangements, non-case managed clients in the community are referred to the International Organization for Migration (IOM) for information, immigration counselling and voluntary return services. The trial complements the pilot by providing the department with the capacity to assist those clients who do not have health and welfare vulnerabilities and wish to depart Australia voluntarily.
A draft report into the evaluation of the trial is currently being considered. Outcomes to date have been very positive. As at 30 June 2008, 349 clients had been referred to the IOM. Of these, 98 or almost 30 per cent departed Australia voluntarily.
The trial illustrates how early intervention and close engagement can lead to timely, fair and reasonable outcomes for clients in difficult circumstances. Given its success, the department expanded the provision of trial services to clients in Queensland during the course of 2007–08.
Case management
The department's case management service continues to provide a holistic approach to the management of clients with complex circumstances or who are considered vulnerable.
During 2007–08, there was an average of 880 active cases being managed by case managers at any point in time. As at 30 June 2008, there were 933 cases being managed by case managers. Case managers are now working in all of the department's offices in Australia and are actively coordinating the provision of internal and external services to clients, including services under the Community Care Pilot. During 2007–08, case management moved from a 50/50 split between community and detention cases to 65 per cent of all case managed clients residing in the community.
Case study: Community Status Resolution Trial
A client arrived in Australia on a Temporary Business (Long Stay) (subclass 457) visa in 1996. Soon after his arrival he applied for, but was refused, a Protection visa. The client exhausted all avenues of appeal including a number of unsuccessful requests for ministerial intervention, and was referred to the Community Status Resolution Trial in 2007. Having established that he did not have valid travel documents, departmental officers discussed his options with him and helped the client to renew his passport. He then departed Australia voluntarily.
Case study: Case management
In August 2007, a young woman was referred to the department as a possible unlawful non-citizen, possibly a UK national of Scottish origin residing in a young women's refuge in Launceston. She presented as being destitute, with low level literacy, possible mental health issues, no family or contacts in Australia and was requesting assistance to return home to the UK. She spoke with an indistinct English and occasionally a Scottish accent, and had broad knowledge and cultural awareness of particular villages and regions in Scotland and England, although could not provide any specific details or information.
Despite extensive searches of the department's records, she could not be identified nor her immigration status verified. The department did not detain her. It was evident that she was vulnerable and required assistance, and she was referred to the department's case management service. Her case manager engaged relevant internal and external stakeholders including the department's National Identity Verification and Advice Section, the British Consulate, Mental Health Services, Disability Services, Police Missing Persons Units, Interpol, Births, Deaths and Marriages and the Guardianship Board in Tasmania.
As a result of this work, evidence was obtained that she was, in fact, an Australian citizen with multiple mental health diagnoses. This young woman is now in the care of a community support organisation. Her case manager assisted her care providers to obtain a birth certificate, bank account, Medicare card and Centrelink benefits for her. The department has also established comprehensive records to assist in identifying her, should she present to the department in the future.
Enforcement
While every effort is taken to ensure that people, including sponsors, agents and other third parties, comply with the requirements of the Migration Act, the need may arise for the department to take prompt and effective enforcement action against individuals who purposefully or recklessly misuse immigration programs.
In conjunction with the 1884 awareness visits to employers and educational institutions conducted during 2007–08, the department commenced 154 investigations, conducted joint operations to combat people-trafficking and located 10 722 unlawful non-citizens of which 1478 people were working illegally.
Operation Ekala
Operation Ekala highlighted the way the department and the Australian Federal Police work together to combat people trafficking and the exploitation of those who arrive in Australia seeking work.
This joint operation uncovered an organised sex-trafficking trade worth more than $3 million per year. Five people have been charged with offences including trafficking in persons, knowingly conducting a business that involves the sexual servitude of others, debt bondage, deceptively recruiting for sexual services and dealing with the proceeds of crime.
The victims located as part of this operation were granted bridging visas, and those willing to assist with the prosecution of the alleged traffickers progressed to a Criminal Justice Stay visa. These visa holders went on to receive support from the Victims of Trafficking Support Program while they remained in Australia to assist the department and the Australian Federal Police with their enquiries.
Illegal worker investigation
The department conducted a joint operation in the Riverina area on 6 and 7 May 2008 in relation to allegations of illegal worker practices. This operation resulted in over 50 persons being interviewed and identified a labour hire agent and migration agent of interest allegedly complicit in the submission of fraudulent protection visa applications.
The operation also located 12 people who were unlawfully in Australia or working in breach of their visa conditions. They were detained by the department and arrangements are being made for their removal. The activity of the department appears to have interrupted the flow of fraudulent applications from the migration agent.
Cancellations and removals
The department cancelled temporary and permanent visas in 2007–08 for a variety of reasons, including where the people holding them failed to comply with the conditions of their visas or were found to no longer meet the character provisions.
Where a non-citizen fails the character test, the minister or a delegate has the discretion to cancel or refuse their visa. Such a decision is not taken lightly, and is only made after full consideration of all the circumstances of the case, including the nature and severity of any offence committed by the individual; the impact on the individual and the individual's family; and the best interests of the Australian community.
An individual may not pass the character test if they have a substantial criminal record or have a current or previous association with someone else or a group or organisation who the department reasonably suspects is, or has been, involved in criminal conduct. Past and present criminal behaviour and general conduct is taken into consideration, but a criminal history does not automatically result in a visa refusal or cancellation.
In 2007–08, the minister or his delegate made 736 character related decisions. These decisions comprised 103 cancellations, 16 refusals and 617 warnings.
Also in 2007–08, the department cancelled 6727 student visas (excluding subclass 580 student guardian visas) for a variety of reasons, such as the student failing to meet the minimum class attendance requirement or achieve satisfactory academic results, as required by conditions attached to their visas. This compares to 6433 student visa cancellations in 2006–07 and 6922 student visa cancellations in 2005–06.
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 including 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 promotion of voluntary departures.
Business improvement
Compliance, Case Management and Detention portals
The Compliance, Case Management and Detention (CCMD) portals have now been in operation since April 2007.
Case study: Compliance, Case Management and Detention portals
Wendy Hughes, Manager of Compliance Operations in Queensland, is a relatively new user of the CCMD portals but can already see the benefits they bring to her work and the important role they play in supporting business improvement. 'I can already see the increased transparency and accountability it brings to many of the processes I manage as well as having the potential for some real efficiencies.'
Feedback from Wendy's staff supports this. It is now much quicker and easier to prepare case notes and other documentation. Previously they were prepared manually and then emailed to a manager for action. The portals have automated this and make it easier for staff to meet deadlines.
Wendy also sees the real benefits of the portals' record keeping functionality. 'Completing the whole process in the portals is a real advancement—providing a more accurate view of a client's case and where it is up to for everyone. More importantly, there is an audit trail, you can see the managerial review and approvals; and you know the right forms have been used. This means a higher level of confidence in the action taken and visibility about whether the mandated timeframes have been met. While the portals still need a lot of work, I'm happy to know that they are aligned to what we are meant to be doing,' Wendy said.
The portals are also making it easier for staff to share information with those who need to know. Previously, information could only be accessed by officers at a particular site.
'I also like the way you can access information (and report on it) from a variety of locations with ease. In the past, we've had some manual paper-based processes that could only be described as archaic. Now important aspects of our work in Compliance can be recorded in the portals and can be reported on and accessed by a range of people at various locations providing they have access privileges,' Wendy said.
The number of staff using the portals is increasing everyday as improvements are added with each successive release. Some key enhancements to business processes already achieved include, for the first time, a national system for managing allegations and what the department does in response to these. Another key improvement is the introduction of online forms and automatic notifications—contributing significantly to improved decision making practices and accountability.
By the end of 2008, an estimated 75 per cent of the 'end-to-end' compliance, case management and detention business processes will be supported in a single information system. When the portals are fully delivered, the department and, most importantly, clients will benefit from more agile technology that will provide staff with a more complete view of the client and deliver major improvements to processes, systems, data and reporting.
