Figure 1: Portfolio and departmental structure

The Immigration and Citizenship portfolio comprises the department, the Migration Review Tribunal and the Refugee Review Tribunal. The tribunals provide independent merits review of departmental decisions to refuse or cancel migration, temporary entry and protection visas. They report separately.

During the year, the government established the Office of the Migration Agents Registration Authority. This office reports directly to the secretary of the department and although part of the department, has its own independent management structure. The office commenced operations on 1 July 2009.

Purpose

In 2008–09 the department’s purpose statement was ‘enriching Australia through the well-managed entry and settlement of people’. In May 2009 the purpose statement changed to become ‘building Australia’s future through the well-managed entry and settlement of people’.

This change reflected an increased focus on the department’s contribution to nation-building and the ongoing economic and social benefits that will develop over many decades from the department’s activities.

Role and functions

The Department of Immigration and Citizenship is a policy, program and service delivery agency. Its services are delivered through offices in every state and territory and more than 60 countries.

The services provided in Australia and overseas include:

• undertaking policy analysis and research to develop a strong evidence base for advice in relation to the role of temporary and permanent migration and humanitarian entry, in responding to changes in Australia’s social, economic and international environment
• granting visas for migrants, temporary entrants, business visitors, students and tourists, including identifying prior to arrival those entitled to lawfully enter Australia
• managing the entry and departure of people crossing the Australian border
• authenticating the identity of people entering Australia and maintaining that foundation identity for use in the Australian community
• assessing the character, health and bona fides of people applying for entry to Australia
• meeting Australia’s international protection obligations and contributing to the resettlement of refugees and those in humanitarian need through the delivery of the Humanitarian Program
• deterring, identifying and responding to breaches of immigration law
• applying appropriate sanctions to business sponsors who breach sponsorship undertakings and obligations
• locating unlawful non-citizens and resolving their immigration status
• identifying and reducing irregular migration, people smuggling and trafficking in persons
• increasing the ability of new permanent residents, particularly refugee and Special Humanitarian Program entrants and family stream migrants with lower levels of English proficiency, to participate in Australian life, through a settlement program including English language tuition and translating and interpreting services
• promoting the value of Australian citizenship
• deciding applications for Australian citizenship and making decisions on citizenship status
• promoting the benefits of a united and diverse society, including through programs supporting the integration of migrants and enhancing social cohesion.

Corporate planning

In 2008–09, the department was responsible for the following two outcomes to government and the Australian community.

1. Contributing to Australia’s society and its economic advancement through the lawful and orderly entry and stay
   of people.
2. A society which values Australian citizenship and social cohesion, and enables migrants and refugees to participate equitably.

For 2009–10, the outcome structure has changed to reflect the intent of Operation Sunlight. This is the government’s reform initiative to improve the openness and transparency of public sector budgetary and financial management and to promote good governance practices. The six outcomes to be reported against are more detailed, informative and descriptive of the department’s activities:

Outcome 1: Managed migration through visas granted for permanent settlement, work, study, tourism, working holidays or other specialised activities in Australia, regulation, research and migration policy advice and program design.

Outcome 2: Protection, resettlement and temporary safe haven for refugees and people in humanitarian need through partnering with international agencies; assessing humanitarian visa applications; and refugee and humanitarian policy advice and program design.

Outcome 3: Lawful entry of people to Australia through border management services involving bona fide traveller facilitation; identity management; document verification; intelligence analysis; partnerships with international and domestic agencies; and border policy advice and program design.

Outcome 4: Lawful stay of visa holders and access to citizenship rights for eligible people through promotion of visa compliance responsibilities, status resolution, citizenship acquisition integrity, case management, removal and detention, and policy advice and program design.

Outcome 5: Equitable economic and social participation of migrants and refugees, supported through settlement services, including English language training; refugee settlement; case coordination; translation services; and settlement policy advice and program design.

Outcome 6: A cohesive, multicultural Australian society through promotion of cultural diversity and a unifying citizenship, decisions on citizenship status, and multicultural and citizenship policy advice and program design.

Strategic priorities

The DIAC Strategic Plan 2008–11 outlined the department’s strategic priorities for 2008–09 and beyond as being to:

1. Position migration, both permanent and temporary, as a key enabler of Australia’s prosperity and social cohesion.
2. Create a simpler and more responsive client focused migration and humanitarian system.
3. Maintain public confidence in border management.
4. Enhance the delivery of humanitarian, settlement, Australian citizenship and cultural diversity programs.
5. Continue to develop a highly productive, performance focused workforce.
6. Manage the department’s resources strategically and with integrity.

The DIAC Strategic Plan 2009–12 was launched during 2008–09 and reflects the 2009–10 outcome structure. It provides a high-level framework to guide the department’s future management of policies, programs and service delivery. It is a key document in outlining how the department will work with stakeholders and the community.

As set out in the plan, the department will:

1. Contribute to Australia’s future through managed migration.
2. Protect refugees and contribute to humanitarian policy internationally.
3. Contribute to Australia’s security through border management and traveller facilitation.
4. Make fair and reasonable decisions for people entering and leaving Australia—ensuring compliance with Australia’s immigration laws and integrity in decision making.
5. Support migrants and refugees to settle in the community and participate in Australian society.
6. Promote Australian citizenship and a multicultural Australia.

Legislation

The department administers the following Acts, which provide a legislative framework for its functions and services:

• Aliens Act Repeal Act 1984
• Australian Citizenship Act 2007
• Australian Citizenship (Transitionals and Consequentials) Act 2007
• Immigration (Education) Act 1971
• Immigration (Education) Charge Act 1992
• Immigration (Guardianship of Children) Act 1946
• Migration Act 1958
• Migration Agents Registration Application Charge Act 1997
• Migration (Health Services) Charge Act 1991
• Migration (Sponsorship Fees) Act 2007
• Migration (Visa Application) Charge Act 1997.

These Acts and associated regulations are available on the ComLaw website, administered by the Attorney-General’s Department at www.comlaw.gov.au

Five Bills were introduced to the parliament during the 2008–09 financial year. In the same period, a total of 63 regulations were made.

Advisory bodies

Several non-statutory bodies advised the portfolio during 2008–09, including the:

• Australian Multicultural Advisory Council
• Refugee Resettlement Advisory Council
• Immigration Detention Advisory Group
• Detention Health Advisory Group.