Fact Sheet 73 - People Smuggling

Introduction

People smuggling is the organised illegal movement of groups or individuals across international borders using the services of trans-national people smuggling organisers, usually on a payment for service basis.

People smuggling is a lucrative, relatively low risk activity for people smugglers and is primarily the work of sophisticated and highly organised networks.

People use the services of people smugglers for many reasons, including to seek protection, because of limited opportunity for legitimate migration and to pursue economic opportunities.

Smuggling routes

People smuggling is a dynamic and fluid activity in which people smugglers and their clients go to great lengths to conceal their route and to protect the identities, methods and activities of the organisers.

Routes and methods of arrival change at short notice in response to actions to combat the practice.

Established smuggling routes link source countries in the Middle East, the Sub-continent, South-East Asia and elsewhere, to regional ports of embarkation for Australia such as Bangkok, Singapore, Jakarta and Kuala Lumpur.

Boats carrying illegal immigrants to Australia have departed from Indonesia, Cambodia, Sri Lanka, the Peoples Republic of China and Vietnam.

Recent measures

The Australian Government continues to strengthen Australia's response to people smuggling through a range of complementary initiatives.

The Government has:

• improved Coastwatch, Customs and Navy capabilities to detect, pursue, intercept and search boats carrying unauthorised arrivals
• introduced laws designed to strengthen Australia's territorial integrity and to reduce incentives for people to make hazardous voyages to Australia
• prosecuted people smugglers and seized, sold or destroyed their boats
• Crew members have been detained and prosecuted under the Migration Act 1958 for bringing people illegally into Australia, with penalties ranging to 20 years in prison and fines of up to $220,000
• introduced the Border Protection Act 2001 so that vessels in international waters can be boarded and searched if suspected of being involved in people smuggling, and
• provided additional funding to the department in the 2005 Budget to further increase the department's capacity to respond to the activities of people smugglers.

The Government is sending a clear message that Australia does not tolerate illegal arrivals by:

• distributing publicity material throughout people smuggling source countries and transit countries, to warn of the risks associated with trying to enter Australia illegally and of the penalties the people smugglers face, and
• preventing people who have effective protection overseas from gaining onshore protection in Australia.

Costs

The IOM estimates the worldwide proceeds of people smuggling to be some US$10 billion a year.

In 2003-04 the Australian Government, through the Department of Immigration and Citizenship, spent in the order of $335 million on the enforcement of Immigration law. This fell to approximately $320 million in 2004-05.

It costs the Government on average $50,000 for every unauthorised arrival by boat from the time of arrival to the time of departure from Australia.

People smuggling by air

The extent of people smuggling to Australia by air is difficult to determine. During 2007-08, 1451 people were refused immigration clearance on arrival at Australian airports, while 1388 people were refused immigration clearance on arrival at Australian airports during 2006-07.

Some who were refused immigration clearance claimed Australia's protection upon arrival. Other people who were granted immigration clearance claimed protection shortly after entering the Australian community. Many who claimed protection used the services of people smugglers to travel to Australia.

A total of 1598 people were refused immigration clearance on arrival at Australian airports during 2005-06, compared to 1632 in 2004-05.

People smuggling by sea

There has been a significant reduction in the number of maritime people smuggling ventures to Australia since late 2001.

• Six vessels carrying 1212 illegal immigrants reached Australia during 2001-02
• There were no boat arrivals during 2002-03
• In 2003-04, 53 people arrived illegally on one vessel, and another 29 people arrived at offshore excised places, and
• There were no boat arrivals during 2004-05
• In 2005-06, 56 people arrived illegally on 4 boats
• In 2006-07, 135 people arrived illegally on 5 boats
• In 2007-08, 25 people arrived illegally on 3 boats

The low rate of boat arrivals confirms the effectiveness of efforts to target people smugglers engaged in this activity.

The ‘Bali Process’

The Bali Process was a multilateral initiative launched in 2002 aimed at combating people smuggling, trafficking and related transnational crime in the Middle East, Asia, and Pacific regions. While the Bali Process built on existing bilateral cooperation, its success is due to the active involvement of Ministers and law enforcement agencies from 42 countries.

As a consequence of initiatives from the Bali Process, regional countries have been active in preventing and deterring the activities of people smugglers and the movement of potential illegal immigrants towards Australia.

A number of other initiatives were also pursued which limited the capacity of people smugglers to successfully undertake their activities. Nevertheless, people smugglers remain active in the region and in source countries and continue to target vulnerable people for possible movement to Australia.

Department initiatives

The Department of Immigration and Citizenship has put in place a range of initiatives to reduce the number of illegal entrants trying to enter Australia. These include:

• stationing departmental officers in Australia and at overseas posts who are specially trained to identify fraudulent documentation
• assigning specialist compliance officers to, Athens (Greece), Bangkok (Thailand), Beijing (Peoples Republic of China [PRC]), Beirut (Lebanon), Colombo (Sri Lanka), Dubai (UAE), Guangzhou (PRC), Hanoi (Vietnam), Ho Chi Minh City (Vietnam), Hong Kong SAR, Islamabad (Pakistan), Jakarta (Indonesia), Kuala Lumpur (Malaysia), Manila (Philippines), Moscow (Russia), Nairobi (Kenya), New Delhi (India), Phnom Penh (Cambodia), Port Moresby (PNG) Pretoria (South Africa), Shanghai (PRC), Suva (Fiji) and Taipei (Taiwan). They work with local immigration and other officials to identify and report on the activities of people smugglers and counter foreign nationals who may try to enter Australia illegally
• placing Airline Liaison Officers (ALOs) at 11 key hub international airports with direct flights to Australia. ALOs operate in Singapore, Nadi, Kuala Lumpur, Hong Kong, Bangkok, Seoul, Jakarta, Taipei, Denpasar, Manila and Port Moresby. ALOs work in an advisory capacity with airline staff and others to prevent the travel to Australia of incorrectly documented passengers and potential unauthorised arrivals. The ALO Program is a flexible initiative involving, generally, short-term placements of three to six months
• participating in cooperative activities at selected overseas airports aimed at stopping illegal entrants
• close liaison with law enforcement agencies in Australia and overseas to investigate immigration fraud
• frequent updates of the Movement Alert List (MAL), and
• pursuing an active and integrated program of bilateral, regional and multilateral engagement. This includes managing a program of capacity building to enable countries to strengthen border and visa systems and to detect and prevent illegal movements.

International fora

Australia is an active participant in a number of international programs that work to combat people smuggling. These include:

• the Inter-governmental Consultations on Asylum, Refugee and Migration Policies in Europe, North America and Australia (IGC)
• Asia-Pacific Consultations on Refugees, Displaced Persons and Migrants (APC)
• the Bali Ministerial Regional Conference on People Smuggling, Trafficking in Persons and Related Transnational Crime ( Bali Process), and
• the Pacific Rim Immigration Intelligence Officers Conference.

Joint department/AFP People Smuggling Strike Team (PSST)

In May 2000, a joint agency investigation unit was established to target the involvement in people smuggling of organised criminal syndicates. The joint agency department/AFP Strike Team is based in Canberra and is capable of rapid deployment to any location to pursue investigations.

Successes

Onshore facilitators

On 11 July 2000, 23 Chinese (PRC) nationals arrived at Cairns on an unauthorised vessel. Following a joint investigation by the PSST five people including three Indonesian crewmen and two PRC onshore facilitators were charged with Migration Act 1958 offences.

The two PRC onshore facilitators were alleged to be organisers of the unauthorised boat arrivals and involved in harbouring the unlawful non-citizens in Australia. The two pleaded guilty and were sentenced to two years imprisonment.

Offshore facilitator

On 5 October 2001, an alleged people smuggler was arrested at Perth Airport after he travelled to Australia on a false passport. He was suspected of having organised or being involved with 13 unauthorised vessels that smuggled a total of 1731 unlawful non-citizens to Australia.

Following investigations by the PSST he was charged with a number of offences under the Migration Act 1958. He pleaded guilty to a passport offence at trial in November 2003, and was found guilty by a jury of a further 12 charges. In January 2004, he was sentenced to 12 years imprisonment.

Extraditions of alleged people smugglers

The PSST works closely with foreign government agencies to combat people smuggling. To date, several alleged people smugglers have been successfully extradited to Australia, charged by the PSST with offences under the Migration Act 1958 offences and have appeared before Australian courts.

Following the involvement of an Australian citizen in breaches of visa regulations in another country the person was removed to Australia. He is alleged to have also been involved in organised people smuggling ventures to Australia. He has been charged with Migration Act 1958 offences and is facing a committal hearing in Darwin.

The department, through its contribution to the PSST, continues to play an important role in several international investigations that have had a substantial disruptive effect on people smuggling syndicates throughout South-East Asia and the Middle East.

 

Further information is available on the department's web site.
See: www.immi.gov.au

The department also operates a national telephone service inquiry line.
Telephone: 131 881
Hours of operation: Monday to Friday from 9am to 4pm (recorded information available outside these hours) for the cost of a local call anywhere in Australia.

Fact Sheet 73. Produced by the National Communications Branch, Department of Immigration and Citizenship, Canberra.
Revised 17 November 2008.

© Commonwealth of Australia 2008.