Australia 2009 SOPEMI report by Observatorio Diasporas

SOPEMI

AUSTRALIA 2009 Stephen Wood – Australian Correspondent – November 2008

COMMENTS AND VIEWS EXPRESSED IN AUSTRALIA’S 2009 SOPEMI REPORT TO THE OECD ARE THOSE OF AUSTRALIA’S CORRESPONDENT TO THE OECD AND NOT NECESSARILY THE COMMENTS AND VIEWS OF THE AUSTRALIAN GOVERNMENT.

TABLE OF CONTENTS OVERVIEW I

Table of Contents……………………………………………………………………………... …….1

List of Tables…………………………………………………………………………………...…….6

III

Abbreviations………………………………………………………………………………….. …….7 PART A – GENERAL INFORMATION

MIGRATION MOVEMENTS

1.1

Permanent Migration 1.1.1

Overview of Permanent Migration………………………………………………….. …….9

1.1.2

Migration Program 2007-08 ………………………………………………………. …….9

1.1.3

Migration Program Outcome 2007-08 by Category and Gender………………...…...10

1.1.4

Migration Program Outcome 2007-08 by Age Group and Gender……………... ……11

1.1. 5 Migration Program Outcome 2007-08 by Country of Citizenship……………….. ……11

1.2

1.1.6

General Skilled Migration……………………………………………………………. ……12

1.1.7

Business Skills Migration……………………………………………………………. ……15

1.1.8

2007-08 Migration Program Planning Levels for 2008 -09….…………………... ……15

1.1.9

Health Policy Initiatives………………………………………………………………. ……16

Temporary Migration 1.2.1

Overview of Temporary Migration………………………………………………….. ……17

1.2.2

Visitors………………………………………………………………………………… ……17

1.2.3

Electronic Travel Authority…………………………………………………………... ……18

1.2.4

Electronic Short-Stay Tourist Visa………………………………………………….. ……18

1.2.5

Approved Destination Status Scheme……………………………………………... ……19

1.2.6

Subclass 457 Business (Long Stay) Visa ……………………………………….....……20

1.2.7

APEC Initiatives………………………………………………………………………. ……22

1.2.8

Working Holiday Visa Program……………………………………………………... ……23

1.2.9

Work and Holiday Visa Program……………………………………………………. ……25

1.2.10 Sponsored Family Visitor Visa Program…………………………………………… ……26 1.2.11 Sponsored Business Visitor Visa Program………………………………………... ……26 1.2.12 International Events Coordinator Network…………………………………………. ……26 1.2.13 Social/Cultural Stream……………………………………………………………….. ……27 1.2.14 International Relations Stream……………………………………………………… ……28 1.2.15 Overseas Students…………………………………………………………………... ……31 1.2.16 Changes to help streamline Student visa processing……………………………. ……34 1.2.17 The Australian Pacific Seasonal Labour Worker Pilot Scheme…………………. ……34

SOPEMI 2009

TABLE OF CONTENTS (cont…) 1.3

1.4

Emigration 1.3.1

Overview……………………………………………………………………………….……35

1.3.2

Reasons for Emigration……………………………………………………………… ……35

1.3.3

Emigration by Overseas Born………………………………………………………..……36

1.3.4

Emigration by Australia-born………………………………………………………... ……37

1.3.5

Skilled Emigration……………………………………………………………………..……37

Irregular Migration 1.4.1

Overview………………………………………………………………………………. ……37

1.4.2

Managing Migration and Maintaining Integrity…………………………………….. ……38

1.4.3

Australian Prevention and Compliance Efforts Overseas………………………... ……39

1.4.4

People Trafficking…………………………………………………………………….. ……40

1.4.5

Trafficking of Women and Counter Measures…………………………………….. ……41

1.4.6

Australian Compliance Efforts Onshore……………………………………………. ……41

1.4.7

Measures to Maintain the Integrity of the Overseas Student Program…………. ……42

1.4.8

Visa Cancellation……………………………………………………………………...……42

1.4.9

Overstayers…………………………………………………………………………… ……43

1.4.10 Locations………………………………………………………………………………. ……44 1.4.11 Detention………………………………………………………………………………. ……45 1.4.12 Community Care Pilot………………………………………………………………... ……46 1.4.13 Removals……………………………………………………………………………… ……46 1.4.14 The Role of the Migration Agents Registration Authority………………………… ……47 1.4.15 Measures to Address Immigration Fraud………………………………………….. ……48 1.4.16 International Efforts…………………………………………………………………... ……49 1.4.17 Intelligence Gathering and Exchange……………………………………………… ……50 2

FLOWS OF REFUGEES AND ASYLUM SEEKERS

2.1

Refugees 2.1.I

Overview………………………………………………………………………………. ……51

2.1.2

Humanitarian Program Performance 2007-08…………………………………….. ……52

2.1.3

Humanitarian Program Offshore Component……………………………………... ……52

2.1.4

Humanitarian Program Offshore Performance 2007-08…………………………. ……53

2.1.5

Onshore Protection…………………………………………………………………... ……54

2.1.6

2007-08 Humanitarian Program…………………………………………………….. ……54

2.1.7

Initiatives to Enhance the Delivery of the Humanitarian Program………………. ……54

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TABLE OF CONTENTS (cont…) 2.2

Asylum Seekers 2.2.1

Overview………………………………………………………………………………. ……55

2.2.2

Protection Visa Lodgement & Outcomes 2007-08………………………………...……56

2.2.3

Benefits and Services for Asylum Seekers………………………………………... ……57

2.2.4

Asylum Seeker Access to the Labour Market……………………………………... ……58

EVOLUTION OF THE STOCK OF FOREIGN BORN

3.1

Population

3.2

3.1.1

Overview………………………………………………………………………………. ……59

3.1.2

Natural Increase……………………………………………………………………….……59

3.1.3

Net Overseas Migration……………………………………………………………....……60

3.1.4

Population Ageing……………………………………………………………………. ……60

3.1.5

Ethnic Composition…………………………………………………………………... ……60

Citizenship 3.2.1

Overview………………………………………………………………………………. ……61

3.2.2

Policy Changes……………………………………………………………………….. ……62

3.2.3

Promotion of Australian Citizenship………………………………………………... ……63

3.2.4

Citizenship Test………………………………………………………………………. ……65

IMMIGRANTS IN THE LABOUR MARKET 4.1

Migrant Employment…………………………………………………………………. ……67

4.2

Migrant Unemployment……………………………………………………………… ……69

4.3

Longitudinal Survey of Immigrants to Australia (LSIA)…………………………... ……69

4.4

Labour Force Status and Other Characteristics of Recent Migrants…………… ……71

4.5

Labour Market Outcomes for the Children of Migrants…………………………... ……71

4.6

Employment of Overseas Students………………………………………………… ……72

PART B – PRIORITIES IN THE OECD WORK PROGRAM 2008 5

IRREGULAR MIGRATION & EMPLOYMENT 5.1

Overview………………………………………………………………………………. ……73

5.2

Estimated Numbers of Illegal Workers…………………………………………….. ……74

5.3

Problems Created by Illegal Workers………………………………………………. ……74

5.4

Measures to Reduce Illegal Workers………………………………………………. ……75

SOPEMI 2009

TABLE OF CONTENTS (cont…)

ASSISTING IN THE SETTLEMENT OF MIGRANTS 6.1

Overview…………………………………………………………………………..…...……76

6.2

Refugee Resettlement Advisory Council………………………………………...... ……76

6.3

Settlement Information………………………………………………………………. ……77

6.4

Settlement Planning………………………………………………………………….. ……77

6.5

Integrated Humanitarian Settlement Strategy…………………………………….. ……78

6.6

Settlement Grants Program…………………………………………………………. ……79

6.7

Helping Young Migrants & Migrant Women Access the Labour Market……….. ……80

6.8

Adult Migrant English Program……………………………………………………... ……81

6.9

Translating and Interpreting Services……………………………………………… ……82

6.10

Recent Settlement Initiatives………………………………………………………... ……83

6.11

Social Integration Outcomes and Polices………………………………………….. ……84

ANTI-DISCRIMINATION AND DIVERSITY MEASURES

7.1

Anti-discrimination Legislation

7.2

7.1.1

Overview………………………………………………………………………………. ……85

7.1.2

Racial Discrimination Act 1975……………………………………………………... ……86

7.1.3

Human Rights and Equal Opportunity Commission Act 1986…………………………87

7.1.4

Workplace Discrimination Legislation……………………………………………… ……88

Cultural Diversity in Australia 7.2.1

Overview……………………………………………………………………………... …….93

7.2.2

Access and Equity Strategy…………………………………………………………. ……94

7.2.3

Living in Harmony Program…………………………………………………………. ……95

7.2.4

National Action Plan to Build on Social Cohesion, Harmony & Security……….. ……99

POLICIES FOR THE CHILDREN OF IMMIGRANTS 8.1

Overview………………………………………………………………………………. …..102

8.2

English as a Second Language – New Arrivals Program………………………….....103

ENTREPRENEURSHIP…………………………………………………………………………..104 APPENDIX Footnotes to Tables 1.1, 1.2 and 1.7……………………………………………………….. …..106

SOPEMI 2009

LIST OF TABLES Table 1.1 – Migration Program Outcome 2007 -08 : Onshore and Offshore ........................................ 10 Table 1.2 – Migration Program Years Comparison of Outcomes 2006-07 & 2007-08 ......................... 10 Table 1.3 - Migration Program Outcome 2007-08 : Stream and Gender.............................................. 11 Table 1.4 – Migration Program Outcome 2007 -08 : Age Group and Gender ...................................... 11 Table 1.5a - Migration Program 2007-08 : Top Ten Source Countries and Gender............................. 12 Table 1.5b - Migration Program 2007-08 : OECD Countries and Gender ............................................ 12 Table 1.6 General Skilled Migration 2007-08:Top Ten Source Countries ............................................ 13 Table 1.7 – Planning Level for 2008-09 Migration Program.................................................................. 16 Table 1.8 –Visitor Arrivals 2007-08 : Top 10 Source Countries of Birth and Gender ........................... 18 Table 1.9 - Visitor Visa Grants via ETA and Non ETA 1998-99 to 2007-08 ......................................... 18 Table 1.10a-Long stay Temporary Business Grants 2001-02 to 2007-08 ............................................ 21 Table 1.10b - Long Stay Temporary Business Grants 2007-08 : Country of Citizenship ..................... 21 Table 1.10c Long Stay Temporary Business Visa Grants(1) 2007 -08: OECD Countries ..................... 22 Table 1.11 –WHV1 Grants 2007-08 : Nationality and Gender............................................................... 25 Table 1.12 –Work and Holiday (W&H) Visa Grants 2007-08 : Nationality ............................................ 26 Table 1.13a – Social/Cultural Stream Visa Grants 2007-08 ................................................................. 28 Table 1.13b – Social/Cultural Stream Visa Grants 2007-08 : OECD Countries ................................... 28 Table 1.14a – International Stream Visa Grants 2007-08..................................................................... 29 Table 1.14b – International Stream Visa Grants 2007-08 : OECD countries........................................ 29 Table 1.15a Occupational Trainee Visa Grants 2007-08 : Nationality (OECD Countries).................... 30 Table 1.15b Occupational Trainee Visa Grants 2007-08 : Nationality .................................................. 31 Table 1.16a – Student Visa (offshore) grants 2007-08 : Major Source Countries ................................ 31 Table 1.16b –Student Visa (offshore) Grants 2007-08 : OECD Source Countries ............................... 32 Table 1.17 Student Visa Grants 2007-08 : Type and Proportion .......................................................... 33 Table 1.18 – Visa Cancellations(*) 2007-08 : OECD Countries ............................................................. 43 Table 1.19 – Overstayer Population 2007-08 : General Categories ..................................................... 44 Table 1.20 – Locations(*) Outcome 2007-08 : OECD Countries ............................................................ 44 Table 1.21a – Departures (*) 2007-08 : General Categories.................................................................. 46 Table 1.21b Departures (*) 2007 -08 : OECD Countries ........................................................................ 47 Table 2.1 – Humanitarian Program Outcome 2007-08 ......................................................................... 52 Table 2.2a – Offshore Resettlement Program Grants 2003–04 to 2007–08 : Region .......................... 53 Table 2.2b – Offshore Resettlement Program Grants 2007-08 : Top 10 Countries of Birth and Gender ........................................................................................................................ 53 Table 2.3 – Humanitarian Program – Women at Risk Visa Grants 2007 -08 : Top Five ...................... 54 Countries of Birth ............................................................................................................... 54 Table 2.4a Initial Protection Visa Applications 2007-08 : Top 10 Countries of Citizenship .................. 56 (data as at 4 July 2008) ..................................................................................................... 56 Table 2.4b Initial Protection Visa Grants 2007-08 : Top 10 Countries of Citizenship ........................... 56 (data as at 4 July 2008)........................................................................................................ 56 Table 2.4c Initial Protection Visa Applications 2007-08 : Gender and Age Group................................ 57 (data as at 4 July 2008)........................................................................................................ 57

SOPEMI 2009

LIST OF TABLES (cont…) Table 3.1 – Highest and Lowest Fertility Rates 2005 : Countries of Birth............................................. 59 Table 3.2a – Australian Population - Overseas-born Ethnic Composition : Top 5 Countries of Birth (2006 Census) ................................................................................................................... 60 Table 3.2b – Australian Population - Overseas-born Ethnic Composition : OECD Countries of Birth (2006 Census) ................................................................................................................... 61 Table 3.3 - Australian Citizenship Grants 2007-08 : Top 10 Countries of Birth .................................... 66 Table 4.1 – Labour Force Status : Birthplace and Gender.................................................................... 67 Table 4.2 – Occupation : Birthplace ...................................................................................................... 68 Table 4.3 – Industry : Birthplace............................................................................................................ 68 Table 4.4a – LSIA 1, 2 and 3 Principal Applicants : Unemployment Rates .......................................... 70 Table 4.4b – LSIA 1, 2 and 3 – Participation Rates of Principal Applicants.......................................... 70 Figure 4.5 – LSIA 1, 2 and 3 Employed Principal Applicants : Median Earnings.................................. 70 Table 4.6 – Labour Market Outcomes of Australian-born Children of Migrants and the General Population : Gender and Education Attainment................................................................. 72 Table 5.1 – Located Illegal Workers 2007-08 : Top Ten Nationalities .................................................. 74 Table 5.2 – Top six industries with the largest number of illegal workers............................................. 75 Table 7.1 Termination Certificates Issued 27 March 2006 to 31 August 2008 ..................................... 93

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III. ABBREVIATIONS ABCM Australian Born Children of Migrants ABS

Australian Bureau of Statistics

ABTC APEC Business Travel Card

LSIA

Longitudinal Survey of Immigrants to Australia

MARA Migration Agents Registration Authority MESC Mainly English speaking Countries

ADS

Approved Destination Status Scheme

AFP

Australian Federal Police

AIPR

Australian Identity Protection Register

AIRC

Australian Industrial Relations Commission

ALO

Airport Liaison Officers

MIA

Migration Institute of Australia

MODL Migration Occupation in Demand List NAATI National Accreditation Authority for Translators & Interpreters NAP

National Action Plan (to Build on Social Cohesion, Harmony & Security)

AMEP Adult Migrant English Program

NESC Non English Speaking Countries

APEC Asia Pacific Economic Cooperation

NOM

Net Overseas Migration

APC

Asia-Pacific Consultations

OTV

Occupational Training Visa

API

Advance Passenger Information

PACRIM Pacific Rim

ASA

Asylum Seeker Assistance Scheme

PDMS Pre-Departure Medical Screening

ASRI

Australian Skills Recognition Information

PNG

Papua New Guinea

PRC

People’s Republic of China

AUD

Australian Dollar

PTW

Permission to Work

Protection Visa

AUSCO Australian Cultural Orientation Program

BMG

APEC Business Mobility Group

CCS

Complex Case Support

CPD

Continuing Professional Development scheme

DIAC

Department of Immigration and Citizenship

DFAT Department of Foreign Affairs & Trade ELICOS

English Language Intensive Courses for Overseas Students

ENSOL Employer Nominated Skilled Occupations List ERP

RRAC Refugee Resettlement Advisory Council SAR

ETA

Electronic Travel Authority

GSM

General Skilled Migration

IAAAS Immigration Advice & Application Assistance Scheme IDC

Immigration Detention Centre

IECN

International Event Coordinator Network

IGC

Intergovernmental Consultations

IHSS

Integrated Humanitarian Settlement Scheme Identity Services Repository

SGP

Settlement Grants Program

SHP

Special Humanitarian Program

SIR

Skilled Independent - Regional

SOL

Skilled Occupations List

SRS

Skilled Regional Sponsored (Provisional)

TFR

Total Fertility Rate

THV

Temporary Humanitarian Visa

TIS

Translating and Interpreting Service

TPV

Temporary Protection Visa

United Nations

VET

Vocational and Educational Training Sector

VEVO Visa Entitlement Verification Online W&H

Work and Holiday Visa

WHV

Working Holiday Visa

WR Act Workplace Relations Act 4CC

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Special Administrative Region

SDAS Skilled - Designated Area Sponsored

Estimated Resident Population

ESL-NA English as a Second Language – New Arrivals

ISR

RMAS Regional Movement Alert System

Four Country Conference

PART A

GENERAL INFORMATION

SOPEMI 2009

1 MIGRATION MOVEMENTS 1.1 Permanent Migration 1.1.1 Overview of Permanent Migration Australia’s Migration Program is non-discriminatory. Anyone from any country can apply to migrate, regardless of their ethnic origin, gender or religion, provided that they meet the criteria set out in law. All applications for migration to Australia are assessed against requirements set out in the Migration Act and Regulations. There are different criteria for different categories of visas and the criteria are established to meet Australia’s national interests and needs. The Government determines the criteria and sets a planning figure for the number of people under the Migration Program on an annual basis. Migrants are selected under the Migration Program in three streams – Skill, Family and Special Eligibility. The criteria for the Skill Stream are selective, and are intended to allow the migration of persons who have good prospects for successful settlement and meet Australia’s labour market and/or business development needs. For instance, migrants can be selected on the basis of such factors as relationship to an Australian permanent resident or citizen, skills, age, qualifications, capital and business acumen. All applicants must also meet the health and character requirements specified by migration legislation. There are detailed rules governing entry in each migration category and selection is based on the case-by-case assessment of applications against these rules. 1.1.2 Migration Program 2007 -08 The 2007-08 Migration Program outcome of 158 630 was the largest in over a decade and the most highly skilled ever. The Skill Stream outcome of 108 540 is the largest on record. The Family Stream outcome of 49 870 was the second largest in the last ten years. The 2007-08 Migration Program delivered 10 430 more places than the 2006-07 Program. The shift in the balance of the Program towards skilled migration, which began in 1996-97, was maintained. More than 68 per cent of the Program came from the Skill Stream. The strength of the state-specific and regional migration initiatives was maintained, accounting for approximately 22 109 places or over 20 per cent of the total Skill Stream outcome. There was a slight decrease in the Family Stream to 49 870 in 2007-08 compared to 50 080 in 2006-07.

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Table 1.1 – Migration Program Outcome 2007 -08 : Onshore and Offshore Category or Component

Offshore Outcome

Onshore Outcome

Total Outcome

29 178 2 710

10 753 352

39 931 3 062

(a)(b)

Partner (c) Child

(d)

3 938

561

4 499

1 768

610

2 378

37 594

12 276

49 870

4 926

18 836

23 762

5 403

1 162

6 565

Distinguished Talent

112

211

Skilled Independent

37 974

17 917

55 891

Parent

(e)

Preferential/Other Family Total Family Employer Sponsored Business Skills

(f)

(g)

State/Territory Sponsored Visa Classes Skilled Australian Sponsored

(h)

(i)

(j)

460

7 530

3 589

14 579

66 475

42 065

108 540

208

220

Total Program/Outcome 104 277 54 353 See Appendix for footnotes. Figures have been rounded and totals may not be the exact sum of components. Outcome does not include permanent visas granted to New Zealand citizens.

158 630

1 November Total Skill

Special Eligibility • • •

7 070 10 990

Table 1.2 – Migration Program Years Comparison of Outcomes 2006-07 & 2007-08 Category or Component (a)(b)

Partner (c)

Child

Parent

(d) (e)

Outcome 2006-07

% of Program

Outcome 2007-08

% of Program

40 430

27.3%

39 931

25.17%

3 010

2.0%

3 062

1.93%

4 500

3.0%

4 499

2.84%

2 140

1.4%

2 378

1.50%

50 080

33.8%

49 870

31.44%

16 580

11.2%

23 762

14.98%

5 840

3.9%

6 565

4.14%

Distinguished Talent

230

0.2%

211

0.13%

Skilled Independent

54 180

36.6%

55 891

35.23%

Preferential/Other Family Total Family Employer Sponsored Business Skills

(f)

(g)

State/Territory Sponsored Classes

(h)

Skilled Australian Sponsored (j)

1 November Total Skill

Special Eligibility • • •

(i)

6 930

4.7%

7 530

4.75%

14 170

9.6%

14 579

9.19%

0.0%

0.00%

97 930

66.1%

108 540

68.42%

200

0.1%

220

0.14%

158 630

100.00%

Total Program/Outcome 148 200 100.0% See Appendix for footnotes. Figures have been rounded and totals may not be the exact sum of components. Outcome does not include permanent visas granted to New Zealand citizens.

1.1.3 Migration Program Outcome 2007 -08 by Category and Gender Overall, the 2007-08 Migration Program outcome shows a greater number of females (82 175) than males (76 455). The Skill Stream has a greater number of males than females, but this was outweighed by the large number of females in the Family Stream.

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Table 1.3 - Migration Program Outcome 2007-08 : Stream and Gender Program Stream

Male

Female

Total

Family Stream

18 246

31 624

49 870

Skill Stream

58 088

50 452

108 540

Special Eligibility Total Program/Outcome

121

220

76 455

82 175

158 630

1.1.4 Migration Program Outcome 2007 -08 by Age Group and Gender The continued emphasis on skilled migration has resulted in a younger age profile − around 55 percent are of prime working age (25-44 as defined by the Australian Bureau of Statistics (ABS). This is important given that Australia’s population, like that of other developed economies, is ageing. Net Overseas Migration (NOM) at around the current level and composition should enable Australia’s working age population to continue to grow for at least the next forty years or thereabouts.

Table 1.4 – Migration Program Outcome 2007 -08 : Age Group and Gender Age Group 0-14

Male

Female

Total

16 100

15 060

31 160

15 – 19

3 227

3 500

6 727

20 – 24

7 709

11 119

18 828

25 – 29

15 481

17 854

33 335

30 – 34

11 995

12 634

24 629

35 – 39

8 641

8 913

17 554

40 – 44

6 191

5 700

11891

45 – 49

3 177

2 707

5 884

50 – 54

1 380

1 455

2 835

55 – 59

800

1 010

1 810

1 754

2 223

3 977

60 +

1.1.5 Migration Program Outcome 2007-08 by Country of Citizenship Composition of the top ten migrant source countries for 2007-08 has changed slightly from 2006-07, with Indonesia and the United States of America (USA) replacing Bangladesh and Singapore in the list. The top migrant source country remains New Zealand from which there were 49 221 permanent arrivals in 2007-08. This group, however, is not counted as part of the Migration Program as New Zealanders have right of entry and indefinite stay in Australia. The top migrant source country in terms of the Migration Program remains the United Kingdom, with 29 428 permanent arrivals. The 2007-08 Migration Program outcome of 51 313 for Member countries of the Organisation for Economic Cooperation and Development (OECD) represents over 32% of the total program, and shows a slightly greater number of females (25 939) than males (25 374).

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Table 1.5a - Migration Program 2007-08 : Top Ten Source Countries and Gender Source Country

Male

Female

Total

United Kingdom

15 441

13 987

29 428

India

12 962

10 355

23 317

9 433

11 630

21 063

China, Peopleâ&#x20AC;&#x2122;s Republic of South Africa, Republic of

3 782

3 690

7 472

Philippines

2 605

4 351

6 956 5 317

Korea, Republic of (South)

2 444

2 873

Malaysia

2 366

2 635

5 001

Sri Lanka

2 222

2 141

4 363

Indonesia

1 315

1 794

3 109

United States of America (USA)

1 423

1 540

2 963

Table 1.5b - Migration Program 2007-08 : OECD Countries and Gender Source Country

Male

Female

Total

Austria

138

Belgium

158

Canada

743

1 002

1 745

Czech Republic

119

198

Denmark

112

192

Finland

120

France

412

446

858

Germany

790

946

1 736

Greece

135

Hungary

102

121

223

Iceland

Ireland

1 072

917

1 989

Italy

330

255

585

Japan

487

1 417

1 904

2 444

2 873

5 317

Mexico

145

152

297

Netherlands

504

461

965

New Zealand *

n/a

Norway

127

Poland

529

Korea, Republic of (South) Luxembourg

211

318

Portugal

176

Slovak Republic

139 159

Spain

Sweden

155

259

414

Switzerland

147

145

292

Turkey United Kingdom United States

276

233

509

15 441

13 987

29 428

1 423

1 540

2 963

Total 25 939 51 313 25 374 *For reasons stated earlier, New Zealand permanent arrivals are not counted as part of the Australian Migration Program. Arrivals: male 25 694, female 23 527

1.1.6 General Skilled Migration In 2007-08, there were 108 540 persons granted visas in the Skill Stream (this includes primary applicants and their dependents). This was an increase of 10 578 (10.8 per cent) on 2007-08 figures. Of this outcome, 78 000 (72 per cent) of the Skill Stream were in the General Skilled Migration (GSM) visa categories. The main occupational groups for all GSM applicants were:

SOPEMI 2009

•

business and Information Professionals (Accountants, Auditors and Corporate Treasurers) (21.1 per cent);

•

business and Information Professionals (Computing Professionals) (7.4 per cent); and

•

Science, Building and Engineering Professionals (6.1 per cent).

In 2007-08, the Skill Stream of the Migration Program was increased to 108 500 places making it the largest ever in Australia’s history. Table 1.6 General Skilled Migration 2007-08:Top Ten Source Countries Source Country

Total

% of Skill Stream Program

India

15 890

15%

United Kingdom

13 142

12%

China, Peoples Republic of

10 012

3 549

Malaysia Sri Lanka

3 133

South Africa, Republic of

3 027

Korea, Republic of (South)

2 632

Philippines

2 468

Bangladesh

1 987

Indonesia

1 573

On 1 September 2007 a broad range of changes was made to the GSM categories to improve their efficiency and effectiveness in selecting migrants who are able to quickly enter the labour market and contribute to Australia’s continuing economic growth and social fabric. These changes are designed to improve the labour market performance of skilled migrants by increasing the threshold level of English language proficiency required of skilled migrants, rewarding migrants under the points test with very good levels of English language proficiency and placing greater emphasis on skilled work experience. The changes to the GSM points test are underpinned by a new, simpler visa structure which reduced the previous 11 visa classes to four and almost halved the volume of the underpinning Migration Regulations. In addition, all GSM visa applications can now be electronically lodged from anywhere in the world. Points are awarded to an applicant based on a range of attributes relevant to labour market success. For example, points are awarded for age, English language ability, qualifications, and having an occupation listed on the Skilled Occupations List (SOL). Applicants whose nominated occupation is on the Migration Occupations in Demand List (MODL) receive priority processing and are awarded additional points under the GSM

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points test provided that they have at least 12 months work experience in that occupation or one that is closely related. At September 2008, there were 106 skilled occupations on MODL, including 41 managerial and professional occupations, two associate professional occupations, 14 computing specialisations and 49 trade occupations. The MODL is reviewed by the Department of Education, Employment and Workplace Relations every six months to reflect emerging labour shortages and further improve targeting. The continued focus on the MODL is a way of ensuring the Skill Stream of Australiaâ&#x20AC;&#x2122;s Migration Program delivers migrants with skills that are in demand by Australian employers. The strong emphasis on supporting migration to regional and low population growth areas of Australia is maintained with the replacement of the previous Skilled Independent Regional (Provisional) (SIR) and Skilled Designated Area Sponsored (Provisional) (SDAS) visas by the new Skilled Regional Sponsored (Provisional) (SRS) visa. Working Holiday and Occupational Trainee visa holders are eligible to apply for and obtain a SRS (Provisional) visa without leaving Australia. As with other SRS (Provisional) visa applicants, they must be sponsored by an authorised state or territory government agency, regional certifying body or designated relative. This measure has the additional advantage of attracting people who already have work experience in Australia. The pass mark under the GSM points test for this visa has been set at 100 points, further enhancing its attractiveness. Students in Australia seeking to remain permanently can still obtain additional points for studying in regional institutions but can now nominate either a 50 or a 60 point occupation to meet the points test. In May 2006, the Australian Skills Recognition Information (ASRI) website was launched to provide people with overseas qualifications seeking to migrate to Australia or already in Australia with links to information for assessment, licensing and registration authorities. The website contains skills recognition and other important information for all occupations on the Skilled Occupations List (SOL) and the Employer Nominated Skilled Occupations List (ENSOL). Information for each occupation includes contact details for the relevant skills assessment authority, licensing and registration bodies, for organisations for further training, and for professional associations. The website also shows how many points the occupation is worth under the GSM points test. This is intended to assist clients to understand the assessment process and effectively predetermine whether they are able to meet the prescribed pass mark. Options are also being developed to streamline skills recognition procedures for skilled migrants and

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other categories of migrants who may have skills that require assessment and licensing by the relevant Australian state or territory before they can work in their occupation. 1.1.7 Business Skills Migration Successive governments have reaffirmed a commitment to selecting high quality business migrants, in recognition of the benefits they contribute to Australiaâ&#x20AC;&#x2122;s increasingly global economy. They bring with them knowledge of overseas markets, business networks, cultural practices and often languages other than English, as well as their specific business skills and experience. Since 1 March 2003, the majority of Business Skills entrants enter Australia initially on a provisional (temporary) visa for up to four years and, after satisfactory evidence of a specified level of business or investment activity, may apply after two years for permanent residence. High calibre business migrants may apply for a Business Talent visa to obtain direct permanent residence if they have high level business attributes and are sponsored by a state or territory government agency. Concessional visa criteria apply where applicants have attained sponsorship from a state or territory government, at both the provisional and permanent residence stages. For example, sponsored business owners can attract concessions on age and English language ability. The Business Skills outcome for 2007-08 was 6 565 places compared to 5 836 in 200607. The 12.5 per cent increase reflects the growing take-up rate of the two stage processing arrangements. Program integrity continues to improve. Post-arrival monitoring of permanent Business Skills visa holders under the previous scheme resulted in 624 visa cancellations in 2007-08 (down from 1 081 in 2006-07), where visa holders had not met the requirements of their visa to genuinely and actively engage in business. 1.1.8 Migration Program Planning Levels for 2008 -09 The Migration Program planning level for 2008-09 has been set at 190 300. There has been 133 500 places allocated in the Skill Stream. The Family Stream, including parents, has been set at 56 500 places to meet the demand for the migration of spouses, dependent children and other close family members. The Special Eligibility Stream planning figure is 300 places.

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Table 1.7 – Planning Level for 2008-09 Migration Program Category

Top of the Planning Range Outcome

(1)

Partner

42 500

(2)

Child

3 000 (3)

2 500

Preferential/Other Family Parent

(4)

8 500

Total Family

56 500

Employer Sponsored

(5)

28 000

Skilled Independent State/Territory Sponsored Visa Classes Skilled Sponsored

74 625 (6)

9 345

(7)

14 330

Distinguished Talent Business Skills

200

(8)

7 000

Total Skill

133 500

Special Eligibility

300

Program – likely outcome 1 2 3

190 300

See Appendix for footnotes. Program numbers do not include New Zealand citizens and are detailed at the top of the planning range. Outcome does not include permanent visas granted to New Zealand citizens.

1.1.9 Health Policy Initiatives All people who wish to migrate permanently, or stay in Australia temporarily, must satisfy the health requirement specified in the Migration Regulations. The health requirement is designed to protect the Australian community from public health risks, contain public expenditure on health and community services and safeguard Australian permanent residents’ access to health services. Through our onshore health service provider and network of around 1 400 immigrationapproved medical clinics around the world, some 650 000 medical assessments were conducted during the 2007-08 program year. The Department is undertaking a thorough review of the policy, procedures and systems that support administering the health requirement. Developments in 2007-08 include: •

signing a Memorandum of Understanding (MoU) with the Department of Health and Ageing (DoHA) to formalise cooperation between the two agencies and ensure that health risks to Australia are minimised and that policies are based on sound and up-to-date health advice; and

•

continuing progress on updating guidance papers used by Medical Officers of the Commonwealth when assessing visa applicants against the health requirement.

During the 2008-09 program year will there will be further significant developments including:

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•

a revised Health Matrix, which will be used to determine the health assessment requirements for temporary visa applicants to screen for tuberculosis;

•

improved consistency and reporting of cases where a ‘health waiver’ has been applied;

•

the health undertaking process, in which applicants (primarily those with inactive tuberculosis) are allowed to enter Australia under the condition they contact State/Territory health authorities for follow-up and monitoring, will be strengthened. This includes updating information provided to visa applicants so they understand their responsibilities and the importance of meeting their obligations; and

•

Significant information technology changes to support the above policy changes and to strengthen the administration of the health requirement.

1.2 Temporary Migration 1.2.1 Overview of Temporary Migration People may enter Australia on a temporary basis as visitors, business people and skilled workers, students, working holiday makers or for a range of other purposes under Australia’s Temporary Residence Program. 1.2.2 Visitors Australia's Visitor Visa Program allows for the entry of people for a holiday, to visit friends and relatives or for short-term business purposes. It also allows for a small number of people to come to Australia for pre-arranged medical treatment. Most Visitor visas are granted for periods of up to three months. Visitor visa applications in 2007-08 were 3 689 048 down 0.2 per cent compared to 2006-07. The overall decrease in application numbers had a corresponding effect on Visitor visa grants. In 2007-08 Australia issued 3 609 928 Visitor visas. This was a 0.5 per cent decrease on the 3 627 803 visas issued in 2006-07.

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Table 1.8 –Visitor Arrivals 2007-08 : Top 10 Source Countries of Birth and Gender Source Country

Male

Female

Total

United Kingdom

428 093

389 454

817 547

Japan

238 867

286 768

525 635

China (excludes SARs and Taiwan)

233 217

221 056

454 273

United States of America

220 178

177 383

397 561

Korea, Republic of (South)

128 108

135 227

263 335

India

122 328

69 427

191 755

91 135

97 300

188 435

Malaysia Germany

92 410

83 618

176 028

Singapore

78 945

84 977

163 922

Canada Other TOTAL

56 383

55 058

111 441

836 953

781 126

1 618 079

2 526 617

2 381 394

4 908 011

1.2.3 Electronic Travel Authority Many visitors come to Australia on an Electronic Travel Authority (ETA). The ETA allows visitors to obtain authority to enter Australia at the same time as they make their travel arrangements. Persons need only present passports when they book their ticket and the ETAs are issued to eligible applicants within seconds via computer links between Australia and an approved ETA agent. In the program year from 1 July 2007 to 30 June 2008, the ETA accounted for approximately 77 per cent of all Visitor visas issued worldwide. Nationals of 34 countries and regions can use this product. Table 1.9 - Visitor Visa Grants via ETA and Non ETA 1998-99 to 2007-08 Year

ETA

Non-ETA

Total

2007-08

2 776 386

833 542

3 609 928

2006-07

2 892 904

734 899

3 627 803

2005-06

2 902 249

661 123

3 563 372

2004-05

2 969 903

619 044

3 588 947

2003-04

2 884 597

573 825

3 458 422

2002-03

2 726 350

506 716

3 233 066

2001-02

2 781 772

551 086

3 332 858

2000-01

2 977 913

620 879

3 598 792

1999-00

2 719 140

574 092

3 293 232

1998-99

2 304 749

767 609

3 072 358

1.2.4 Electronic Short-Stay Tourist Visa Australia’s electronic Tourist visa service (known as “e676”) was introduced in March 2003 and is now available to 49 countries. e676 is an efficient and simple way of lodging Tourist visa applications enabling stays of up to 12 months in Australia. Eligible applicants can apply for their visa online, pay the visa application charge by credit card and are notified by email when their visa is granted. Applicants can also have their

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applications lodged electronically on their behalf by a participating travel agent. As it is an Internet-based system, applicants can apply for their visas from anywhere in the world. The majority of applications are granted within minutes. Others can take as little as 10 days if additional documentation is required. The system also allows applicants to check the status of an application online rather than having to wait in a queue at an Australian visa office. Applicants do not need to post their passports to an Australian visa office overseas and may not require a visa label in their passport. Their visa will be recorded electronically. On arrival at an airport prior to travel, Australia’s Advanced Passenger Processing system will verify that the visa holder is able to board their plane for Australia. This is similar to arrangements in place at airports for holders of ETA’s. The e676 visa is slightly different to the ETA in that e676 enables relevant Australian authorities to undertake a wider range of immigration integrity, security and health checks. 1.2.5 Approved Destination Status Scheme The Approved Destination Status (ADS) scheme is an initiative of the Chinese and Australian Governments allowing citizens of the People's Republic of China (PRC) access to streamlined group travel, through approved travel agents, to other countries. The program is monitored closely in cooperation with the PRC authorities. Since 1 August 2006, Australia’s ADS program has been available to tourists in all regions of the PRC. 83 PRC travel agencies and 53 Australian travel agencies are now participating in the ADS scheme. Since the scheme’s inception in August 1999, more than 400 000 PRC citizens have been granted Visitor visas under the ADS program. 97 113 ADS visas were granted in 2007-08. Of those granted visas under the ADS in 2007-08, 0.29 per cent did not depart Australia at the expiry of their visa. 1.2.6 Subclass 457 - Business (Long Stay) Visa Australia has modern, flexible and streamlined temporary entry arrangements to assist business people and skilled personnel seeking to stay in Australia for up to four years. The arrangements are designed to cater for the entry of:

• skilled overseas employees for companies operating in Australia; and

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â&#x20AC;˘ personnel from offshore companies seeking to establish a branch in Australia, participate in joint ventures, or fulfil a contract awarded to an offshore company. The Subclass 457 - Business (Long Stay) visa is primarily used by Australian employers to fill skilled vacancies that they have been unable to fill through local employment and training measures, providing a rapid and simple process for the recruitment of overseas personnel. There are minimum skill and salary levels for personnel sponsored under the Subclass 457 - Business (Long Stay) visa program. They must be paid in line with Australian workplace laws and immigration Minimum Salary Level (whichever is the higher). The Minimum Salary Level was set on 1 Aug 2008 at AUD $43 440 ($59 480 for those in the IT professions), excluding allowances and salary packaging. Concessions apply to regionally-certified positions. Salary levels are reviewed and adjusted from time to time. The occupations they can fill must also be skilled (broadly equivalent to manager, professional, associate professional or skilled trade roles). Subclass 457 â&#x20AC;&#x201C; Business (Long Stay) visa holders are not able to access Medicare or social security benefits. They must pay to access health and higher education services and must pay Australian taxes including income tax and GST, superannuation and the Medicare levy. Given that they have salary rates generally above the Australian average, they make a disproportionately high positive contribution to Commonwealth, State and Territory budgets. In 2007-08, a total of 110 570 Subclass 457 - Business (Long Stay) visas were granted, a rise of around 22 per cent compared with the previous financial year. Computing professionals and health professionals comprise the largest occupational groups sought by Australian employers. In 2007-08, 24 950 people who last held a Subclass 457 - Business (Long Stay) visa were granted permanent residence. The majority of these (94 percent) were granted a permanent visa within the Skill Stream of the migration program. Sponsors of Subclass 457 - Business (Long Stay) visa holders are monitored to test their compliance with the undertakings they make to the department with respect to sponsored personnel and their family. In 2007â&#x20AC;&#x201C;08, the monitoring of 5 293 sponsors was finalised. There were 1 759 site visits, based on targeted risk profiles or in cases where further checking was warranted.

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Where a sponsor is found to have breached their undertakings, the department may seek to impose a sanction. Sanctions include sponsorship cancellation and/or barring the employer from sponsoring overseas personnel for up to five years. In 2007-08 a total of 192 sponsors were sanctioned. Separate action may separately be taken by Commonwealth or State Government agencies for identified breaches of other Australian laws. The Government is pursuing broad reforms to temporary skilled migration to improve the processing and compliance of the program. In addition to making the program more responsive to labour market needs and ensuring employment and training opportunities for Australians are protected, a particular focus for the reform process concerns redefining sponsorship obligations for Subclass 457 and the establishment of a sponsorship obligations framework for a range of other subclasses. The Migration Legislation Amendment (Worker Protection) Bill 2008 was introduced in the Senate in September 2008. Table 1.10a-Long stay Temporary Business Grants 2001-02 to 2007-08 Year

Total

2001 -02

33 510

2002-03

36 800

2003-04

39 500

2004-05

48 590

2005-06

71 150

2006-07

87 310

2007-08

110 570

* Excludes Independent Executives

Table 1.10b - Long Stay Temporary Business Grants 2007-08 : Country of Citizenship Country of Citizenship

Percentage

United Kingdom

22%

India

14%

South Africa

Philippines

China, Peopleâ&#x20AC;&#x2122;s Republic of

United States of America

Germany, Fed Republic of

Canada

Ireland, Republic of

Japan

Other countries

26%

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Table 1.10c Long Stay Temporary Business Visa Grants(1) 2007 -08: OECD Countries Country of Citizenship

Female Primary

Male Secondary

Total Female

Total

Primary

Secondary

Total Male

Primary

Secondary

Total

Austria

120

170

180

230

300

Belgium

120

130

180

170

140

310

Canada

620

700

1 320

1 160

400

1 560

1 780

1 100

2 880

Czech Republic

100

120

160

Denmark

110

120

170

150

130

280

Finland

120

100

120

210

France

340

630

960

930

310

1 240

1 270

940

2 200

Germany

2 930

570

750

1 320

1 270

340

1 610

1 830

1 100

Greece

Hungary

110

190

Iceland

Ireland

680

450

1 130

1 390

250

1 640

2 080

700

2 770

Italy

120

180

300

470

560

590

270

860

Japan Korea, Rep of

290

830

1 130

900

290

1 190

1 130

2 320

(Sth)

170

540

710

430

290

720

610

820

1 430

Luxembourg

Mexico

160

Netherlands,

140

430

570

640

200

840

780

630

1 410

New Zealand

Norway

110

120

140

220

Poland

100

150

200

150

350

Portugal

100

140

120

100

220

Slovakia

110

Spain

180

150

180

230

120

360

130

160

290

200

110

310

330

270

600

110

180

200

260

270

180

450

Sweden Switzerland Turkey United Kingdom

100

110

130

120

100

230

4 370

6 460

10 830

8 740

4 200

12 940

13 110

10 660

23 780

940

1 670

2 610

2 470

830

3 310

3 410

2 510

5 920

8 940

13 800

22 740

20 200

7 790

27 990

29 150

21 590

50 730

United States of America Total (1)

Excludes independent executives. Figures rounded to the nearest 10

1.2.7 APEC Initiatives The Australian Department of Immigration and Citizenship remains the Chair of the Asia Pacific Economic Cooperation (APEC) Business Mobility Group (BMG), which aims to enhance the mobility of business people to facilitate trade and investment activity in the APEC region. This is achieved by building the capacity of members to implement transparent, streamlined business visitor and temporary residence arrangements, and enhanced immigration and related border systems, to ensure the safe and secure movement of people. One key BMG initiative, led by Australia, is the APEC Business Travel Card (ABTC) Scheme, which provides accredited business people with multiple short-term business

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visitor entry to participating economies and is valid for three years. The Scheme remains popular with the business community. In 2008, Canada was the 20th economy to join the Scheme. Canada and the USA have Transitional Member status until such time that they become fully compliant with all obligations, but both economies enable cardholders to enjoy the key benefit of facilitated clearance through special APEC lanes at their international airports. It is expected that the scheme will continue to grow strongly. As of September 2008, there were 46 500 active APEC cards, which is an increase of 72 per cent year-on-year. The BMG continued its border security capacity building work program on biometric travel documents and related systems, and conducted a workshop focussing on biometric applications at the border to facilitate frequent and other travellers. In response to a call from the APEC business community, the BMG has agreed to examine the possible introduction of a biometric ABTC for the benefit of frequent business travellers. As a first step, a governance framework is to be developed which will incorporate recent BMG work on identity assurance standards for biometric enrolment. A small pilot may be conducted in late 2009 or early 2010. In addition to biometric travel documents, the BMG continues to progressively adopt Advance Passenger Information (API) systems and to support the further development of the Regional Movement Alert System (RMAS). RMAS is a proven, fully operational border system which enables participating APEC economies to conduct automated realtime checks of the status and validity of passports at time of airline check-in. In addition to checking for lost, stolen and invalid passports, RMAS can determine whether a passport is recognised by its issuing authority as having been validly issued. Further information on the APEC Business Travel Card Scheme and other BMGâ&#x20AC;&#x2122;s activities is available at www.businessmobility.org 1.2.8 Working Holiday Visa Program The Working Holiday visa (WHV) provides for the temporary entry to Australia of young people wanting to combine a holiday in Australia with the opportunity to supplement travel funds through short term employment, and consequently experience closer contact with the local community.

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The Working Holiday visa program is an integral part of Australia's tourism industry and provides not only economic benefits, but also significant other benefits, such as enhancing the cultural and social development of young people, and promoting mutual understanding between Australia and other nations. It also supports the Australian economy by providing supplementary labour for industries requiring short-term casual workers. The WHV program benefits industries that rely heavily on casual labour at peak times, particularly the hospitality and primary production industries. Working Holiday visa applicants need to be aged between 18 and 30 years, with no accompanying dependent children, and from countries and regions with which Australia has a reciprocal WHV arrangement (Belgium, Canada, Cyprus, Denmark, Estonia, Finland, France, Germany, Hong Kong, Ireland, Italy, Japan, Republic of Korea (South), Malta, Netherlands, Norway, Sweden, United Kingdom, Taiwan). Visa holders are permitted a stay of 12 months from the date of initial entry to Australia, regardless of whether or not they spend the whole period in Australia. WHV holders are able to study or train for up to four months and work for up to six months with any one employer. Since 1 November 2005, WHV holders who have done at least three months of ‘seasonal work’ in regional Australia have been able to apply for a second Working Holiday visa (WHV2). The term ‘seasonal work’ was changed to ‘specified work’ on 1 July 2008, expanding the range of eligible work to include activities not only in the agricultural and mining sectors, but also in the construction industry in regional Australia. This initiative is intended to help address labour shortages in regional Australia, and also to provide a further boost to tourism industries by enabling backpackers to stay longer in Australia. In 2007-08, 154 148 WHVs (WHV 1&2) were granted, which includes 11 816 grants under the WHV2 scheme. This is an increase of more than 14 per cent over 2006 -07 when 134 612 WHVs (WHV 1&2) were granted. Further growth in WHV grants is expected in 2008 -09. Growth in electronic Working Holiday visas remains strong. Of the 157 527 Working Holiday visa applications lodged in 2007-08, 98 per cent were lodged electronically. More than 75 per cent of these applications were approved automatically. The continuing high take-up rate of electronic Working Holiday visa application lodgements is an important achievement, since electronic lodgement allows for easy access by clients and faster decisions.

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Table 1.11 â&#x20AC;&#x201C;WHV1 Grants 2007-08 : Nationality and Gender Arrangement Country/Citizenship

Male WHV grants

Female WHV grants

Total WHV grants

United Kingdom

18 293

15 851

34 145

Korea, Republic of (South)

32 635

17 151

15 484

Germany

7 368

10 069

17 438

Ireland

9 943

7 176

17 120

France

6 226

4 778

11 005

Japan

3 409

7 190

10 599

Canada

3 491

4 599

8 090

Taiwan

1 670

4 462

6 132

Sweden

1 676

2 237

3 914

Netherlands

1 778

1 812

3 590

2 304

1 264

3 568

Hong Kong (SAR of China)

590

945

1 535

Denmark

493

649

1 142

Belgium

552

424

976

Finland

347

581

928

Norway

238

456

694

267

254

521

Italy 2

Estonia Malta

Cyprus Other

75 862 Total 78 281 154 148 Note: 1 Includes WHV 1 and 2 2 These are non-OECD member countries 3 These are cases where the visa applicant has dual nationality and the visa approval has been recorded against the nonWHV eligible nationality.

1.2.9 Work and Holiday Visa Program The Work and Holiday (W&H) visa is similar to the Working Holiday visa, with the same work and study rights. Applicants have to meet additional requirements including functional English, educational qualification, and government support. Nationals with a lower visa compliance level have limited places. Australia has active W&H visa arrangements with Chile, Iran, Thailand, Turkey and the USA. The USA arrangement does not require applicants to provide evidence of functional English, or to have the support of their government, and has unlimited places. In 2007-08, 3 426 Work and Holiday visas were granted compared to 1 756 grants in 2006-07.

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Table 1.12 â&#x20AC;&#x201C;Work and Holiday (W&H) Visa Grants 2007-08 : Nationality Arrangement Country/Citizenship

Total W&H grants

Male W&H grantees

Female W&H grantees

United States of America

2 248

936

1 312

Chile*

503

316

187

Thailand*

205

156

Turkey Iran* Total (*These are non-OECD member countries)

461

366

3 426

1 673

1 753

1.2.10 Sponsored Family Visitor Visa Program The Sponsored Family Visitor visa (Subclass 679) program provides Australian citizens and permanent residents with the opportunity to formally sponsor their relatives to visit Australia for up to 12 months. In some instances a security bond may be requested. Selected public officials are also able to sponsor visitors under this program. In 2007-08, 19 686 Sponsored Family Visitor visas were granted. 1.2.11 Sponsored Business Visitor Visa Program Under the Sponsored Business Visitor Visa program, Australian State, Territory and Commonwealth Government agencies, as well as specified business organisations, are able to sponsor individuals and business delegations for business visits to Australia. In 2007-08, 538 Sponsored Business Visitor visas were granted, compared to 2 212 in 2006-07. 1.2.12 International Events Coordinator Network Australia continues to grow in popularity as a destination for events, conferences and meetings. This can be attributed to the countryâ&#x20AC;&#x2122;s strengthened reputation as a leading provider of high-quality event/ conference facilities and attractions. In October 1999, DIAC established the International Event Coordinator Network (IECN) in recognition of the importance of hosting events to the Australian economy and to demonstrate its ongoing commitment to facilitating the entry of genuine visitors. The IECN provides a free service to event organisers and participants. Its role is to assist organisers and participants of international events in Australia to prepare for the immigration-related entry requirements. It also acts as a conduit between event organisers and Australian Immigration offices overseas by facilitating event participantsâ&#x20AC;&#x2122; visa applications.

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IECN assisted 1012 events in the 2007-08 program year, compared to 920 in 2006-07. Some of the major events the IECN facilitated in the past year included the XII FINA World Master Championships, the 58th FIFA World Congress, the Beijing Torch Relay, and World Youth Day. The IECN is currently working on the Homeless World Cup being held in Melbourne in December 2008. The workload will continue to increase as more event organisers become aware of the beneficial services that IECN provides. This outcome confirms that the IECN is continuing to gain broader recognition in the global events and conference industry. Throughout 2007-08, the Department worked closely with World Youth Day organisers in Sydney and group leaders around the world to facilitate the entry of international pilgrims for the event. The usual application fee for Tourist visas was waived for pilgrims and those eligible for an Electronic Travel Authority (ETA) could register to attend World Youth Day and apply for their visa at the same time. During this period the Department granted 64 525 visas for World Youth Day. A large number of other pilgrims obtained their visas independently through the Departmentâ&#x20AC;&#x2122;s other services. 1.2.13 Social/Cultural Stream The Social/Cultural Stream recognises the globalisation of the entertainment, sport and media industries and of cultural and academic activities. It also recognises the multicultural nature of the Australian community by facilitating the entry of religious workers from diverse ethnic and religious backgrounds. The Special Program visa is for overseas people to participate in approved programs that provide opportunities for cultural enrichment and community benefit. The Investor Retirement visa aims to encourage investment in regional Australia. Subclass 421 Sport and Subclass 428 Religious Worker visas offer a pathway to a permanent visa by means of employer nomination, should the holder have worked full time in Australia in the nominated occupation for the last two years with the nominating employer. All Social/Cultural visas enable holders to apply for Subclass 457 Business Long stay visas which allow greater opportunities for permanent residency. A total of 30 027 social/cultural temporary visas were granted in 2007-08, compared with 29 317 in 2006-07 (this figure includes the abolished Family Relationship and Public Lecturer visas). Of these, 18 525 were granted to nationals of OECD countries.

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Table 1.13a â&#x20AC;&#x201C; Social/Cultural Stream Visa Grants 2007-08 Visa Type

Grants to OECD countries

Total Grants

2 291

2 787

Special Program (416) Sport (421) Entertainment (420)

212

2 743

10 443

14 867

Media & Film Staff (423)

707

1 013

Religious Worker (428)

974

1 861

Visiting Academic (419)

1 980

3 328

Investor Retirement (405) Retirement Visa (410) Total

121

142

1797

2 189

18 525

30 243

Table 1.13b â&#x20AC;&#x201C; Social/Cultural Stream Visa Grants 2007-08 : OECD Countries OECD country Austria

416

421

420

423

428

419

405

410

Total

101

Belgium

143

Canada

657

179

1 028

229

Czech Republic Denmark Finland

France

108

331

604

Germany

939

148

383

145

161

Greece

Hungary

Iceland

Ireland

144

205

Italy

242

109

256

229

194

139

973

203

333

672

Mexico

Netherlands

150

289

New Zealand

106 71

Japan Korea, Rep of(Sth) Luxembourg

Norway Poland

106

Spain

104

213

Sweden

103

197

Switzerland

153

Portugal Slovak Republic

Turkey

235

2 493

148

1 285

4 437

United States

1 156

104

4 968

503

333

7 258

Total

2 291

212

10 443

707

974

1 980

121

1 797

18 525

United Kingdom

1.2.14 International Relations Stream A total of 10 074 International Relations visas were granted in 2007-08, compared with 10 370 in 2006-07 (this figure includes the abolished Supported Dependant and Expatriate visas).

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Table 1.14a â&#x20AC;&#x201C; International Stream Visa Grants 2007-08 Visa Type

Grants to OECD countries

Total Grants

Diplomatic (995)

833

2 178

Foreign Government Agency (415)

290

345

125

Domestic Worker (Diplomatic or Consular) (426) Domestic Worker (Executive) (427) Occupational Trainee (442)

2 941

5 437

828

1 356

Exchange (411) Professional Development (470) Total

604

4 898

10 074

Table 1.14b â&#x20AC;&#x201C; International Stream Visa Grants 2007-08 : OECD countries OECD country

995

415

426

427

442

411

470

Total

Austria

Belgium

28 436

Canada

143

272

Czech Republic

181

188

Denmark Finland

France

108

518

667 612

Germany

550

Greece

Hungary

Iceland

Ireland

Italy

121

Japan

135

301

Korea, Rep. of (South)

122

Netherlands

219

224

New Zealand

Norway

Poland

Luxembourg Mexico

Portugal

Slovak Republic

Spain

108

100

113

Switzerland

Turkey

United Kingdom

379

190

631

United States

205

256

254

717

Total

833

290

2 941

828

4 898

Sweden

The International Relations Stream includes Foreign Government Agency staff, Diplomats and their domestic workers. The Exchange visa is designed for skilled people who want to come to Australia for a temporary stay to broaden their work experience and skills. This visa has reciprocal arrangements to allow Australian residents similar opportunities overseas. The Professional Development visa allows professionals, managers and government officials to enter Australia to participate in a professional development program under the

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auspices of an Australian sponsoring organisation. The majority of the program must be undertaken in a classroom or similar environment. The Occupational Trainee visa (OTV) allows people to enter Australia to undertake a supervised workplace-based training program that will enhance their skills in their current occupation or field of expertise. Total Occupational Trainee visas granted reduced from 6352 in 2006-07 to 5437 in 2007-08, a fall of 14.5 per cent. This was due to a number of factors including Pilots moving to the Professional Development visa (Subclass 470), Medical Practitioners moving to the Business (Long Stay) visa (Subclass 457) and strengthened integrity measures. With the exception of the Subclass 995 Diplomatic visa, all International visas enable holders to apply for Subclass 457 Business Long Stay visas which allow greater opportunities for permanent residency. In 2007-08, OTV grants to males represented 50.5 per cent of the overall caseload, with 49.5 per cent of OTV grants going to females. Table 1.15a Occupational Trainee Visa Grants 2007-08 : Nationality (OECD Countries) Citizenship

Total Occupational Trainee visa grants

Austria Belgium

54 17

Canada

143

Czech Republic

Denmark

181

France

518

Finland

Germany

550

Greece

Hungary

Iceland

Ireland

Italy

Japan

135

Korea, Republic of (South)

Luxembourg

Mexico

Netherlands

219

New Zealand

Norway

Poland

Portugal

Spain

Slovak Republic

Sweden

100

Switzerland

Turkey

United Kingdom

379

United States

256

Total OECD

2 941

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Table 1.15b Occupational Trainee Visa Grants 2007-08 : Nationality Citizenship

Total Occupational Trainee Visa grants

Germany France

550 518

India

445

China

418

United Kingdom

379

USA

256

Netherlands

219

Malaysia

204

Denmark

181

Iran

147

Canada

143

Sri Lanka

136

Japan

135

Singapore

112

Sweden

100

Philippines

Thailand

Saudi Arabia

Indonesia

Other

1 137

Total

5 437

1.2.15 Overseas Students The Overseas Student Program enables people who are not Australian citizens or Australian permanent residents to study in Australia (generally as full-fee paying students) in full-time accredited and registered courses. Student visa arrangements are aimed at streamlining entry procedures for genuine students whilst maintaining the integrity of Australiaâ&#x20AC;&#x2122;s immigration programs. A record number of 278 184 visas, excluding grants for Permission to Work (PTW), were granted to overseas students in 2007-08. This was an increase of 21.69 per cent over the 2006-07 figure of 228 592. In 2007-08, the largest source country for student visas was again India. Table 1.16a â&#x20AC;&#x201C; Student Visa (offshore) grants 2007-08 : Major Source Countries Source Country

Total*

India

39 015

China ( PRC)

31 511

Korea, Republic of (South)

12 013

United States of America

9 167

Malaysia 8 004 *This includes students studying one or more semesters of an undergraduate program under the study abroad program

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In 2007-08, the largest OECD member source country for student visas was the Republic of Korea (South). As can be seen in the table below, a total of 12 013 South Koreans were granted (offshore) student visas in 2007-08. Table 1.16b â&#x20AC;&#x201C;Student Visa (offshore) Grants 2007-08 : OECD Source Countries Source Country

Total*

Korea, Republic of (South)

12 013

United States

9 167

Germany

4 174

Japan

4 074

Canada

2 656

United Kingdom

2 249

France

1 538

Norway

1 006

Sweden

962

Switzerland

915

Mexico

865

Czech Republic

830

Poland

752

Turkey

676

Spain

569

Italy

560

Hungary

512

Denmark

470

Slovak Republic

451

Netherlands

447

Austria

301

Finland

257

Portugal

190

Belgium

126

Ireland

119

Greece

Iceland

Luxembourg

New Zealand 16 *This includes students studying one or more semesters of an undergraduate program under the study abroad program

Growth was reported across all of Australiaâ&#x20AC;&#x2122;s education sectors in 2007 -08. There was a significant increase in the Vocational and Education Training sector (VET) from 43 404 to 68 382. The total number of students applying for university education, including the Higher Education and Postgraduate Research sectors also grew strongly, from 116 631 in 2006 -07. There were also slight increases reported in the number of visas approved for English Language Intensive Courses for Overseas Students (ELICOS) (from 30 115 to 30 545) and the schools sector (from 16 224 to 19 976).

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Table 1.17 Student Visa Grants 2007-08 : Type and Proportion Category Independent ELICOS

2006-07

2007-08

Percent change

30 115

30 545

1.43

Schools

16 224

16 976

4.64

Vocational Education and Training

43 404

68 382

57.55

110 821

130 127

17.42

Higher Education Postgraduate Research Non-Award AusAID/Defence Total

5 810

6 935

19.36

17 616

20 698

17.50

4 602

4 521

-1.76

228 592

278 184

21.69

In 2007-08, there were 42 883 offshore student visa applications lodged electronically from eVisa eligible Assessment Level 1 countries (ie those assessed as being of low immigration risk) compared to 42 196 applications in 2006-07. From November 2004, a formal trial for students in China, India and Thailand began enabling these students to lodge their applications over the Internet through selected agents. Indonesia joined the trial in August 2005. These applications are referred to onshore processing centres for assessment and decision. The number of students in China, India, Indonesia and Thailand who lodge their applications via the Internet has continued to climb in 2007-08. A total of 64 712 applications for student visas were lodged from the four trial countries in 2007-08 using the service. The overall rate of use by eligible applicants across the four countries in 2007-08 was 68.34 per cent, up from 54.82 per cent in 2006-07. These initiatives have provided improved client service and greater consistency in decision-making, while enabling overseas posts to focus resources on integritychecking. Levels of compliance by Student visa holders are a good measure of the success of the 2001 Student visa reforms. The risk ratings allocated to individual nationalities by education sector to better reflect their current compliance levels are reviewed regularly. The latest review was conducted in September 2008 with the resulting changes to the assessment level regime made on 1 September 2008. As a result of the review, 43 countries had their risk rating improved in one or more sectors, totalling 104 assessment level improvements. Several countries also had their assessment level downgraded in a number of sectors, which resulted in an increase in their evidentiary requirements, while other countries

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were put on notice that if results did not improve next year, their assessment levels may also be downgraded. 1.2.16 Changes to help streamline Student visa processing From 26 April 2008, the two-step application process for students to gain permission to work was streamlined to become a one-step process. While the work rights themselves have not changed, this has reduced the administrative burden and red tape for both students and the department. The department granted 139 692 Permission to Work visas in 2007–08, an increase of 32 per cent from 2006–07. It is estimated that as at 30 June 2008, approximately 70 per cent of students in Australia had part-time work rights. Expansion of Label Free processing for students In an effort to continue streamlining visa processes for students, Australia removed the requirement for a visa label for several student cohorts, including all students who apply for a further Student visa in Australia. This means that successful applicants do not need to have a visa label stuck in their passports as evidence of their visa grant. Their visa information will be stored electronically and they will be able to access it through the Department of Immigration and Citizenship’s (DIAC’s) Visa Entitlement Verification Online (VEVO) service. Australia’s label-free processing initiative also applies to clients from India, Indonesia and Thailand who apply outside Australia. Most applicants from these countries apply for their visas online. The introduction of label-free processing further simplifies visa grant processes and saves resources for the Australian Government. 1.2.17

The Australian Pacific Seasonal Labour Worker Pilot Scheme

On 17 August 2008 the Australian Government announced a three-year Pacific Seasonal Labour Worker Pilot Scheme. This scheme, which is a pilot, will allow up to 2 500 seasonal workers from Kiribati, Papua New Guinea, Tonga and Vanuatu to work in low-skilled jobs in the horticultural industry in regional Australia for up to seven months in a 12 month period. Workers will have the opportunity to return to Australia in subsequent seasons for the duration of the pilot. The purpose of the pilot is two-fold: to contribute to the economic development of Pacific island communities through employment experience, remittances, and training gained as

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part of the scheme, and also to help address identified low skilled seasonal labour market shortages in the horticultural industry. The Pacific Seasonal Labour Worker Pilot Scheme will not be a cheap-labour option. All seasonal workers will be employed in accordance with Australian work standards, including awards, will be covered by mandatory health insurance, will be briefed on industrial rights by union representatives and will receive the same protection from exploitation as Australian workers. Additionally employers will need to contribute to the cost of bringing workers to Australia in the first place and, along with community organisations, provide and pay for appropriate pastoral care for seasonal workers. Australia will enter into bilateral agreements with the governments of Tonga, Vanuatu, Kiribati and Papua New Guinea, setting out the terms and conditions for participation in the pilot. The first contingent of workers is expected to arrive in late 2008 or early 2009. The pilot will be evaluated after 18 months and again after 30 months with a view to assessing the outcomes and its future directions.

1.3 Emigration 1.3.1 Overview Statistics on permanent departures are based on information provided by travellers as they leave Australia. The statistics provide an indication of trends, although the available figures do not provide a wholly accurate emigration picture. For example, they only include those passengers who declare an intention to depart permanently. The figures do not take into account people who record that they are leaving temporarily but who do not return, and they include those who say they are leaving permanently but who then subsequently return. 1.3.2 Reasons for Emigration The decision to leave Australia is usually based on a complex and varied set of reasons. Nevertheless, the main reason for leaving Australia is better employment opportunities overseas. Overseas-born emigrants often return to their country of birth because of feelings of homesickness or insecurity, especially for those who leave within a year or two of

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arriving in Australia. Some older emigrants depart after they retire. Widowhood and divorce can also motivate departures. Younger immigrants sometimes return to their country of birth because they are needed by their family in their former country. Recently, improving economic conditions in traditional migrant source countries such as India and China caused increases in the rate of return migration from Australia. For Australia-born persons, the decision to leave permanently is usually based on economic reasons, particularly employment. Australiaâ&#x20AC;&#x2122;s increasing engagement in the world economy has brought with it greater opportunities for Australians to live and work around the globe. Their work and travel patterns may mean that they are potentially more loosely tied to Australia than ever before. Some within this new group become global commuters. They work in multinational enterprises, live in global cities and form part of a global pool of labour. Some children born in Australia to settlers eventually return with their parents to the country of origin. 1.3.3 Emigration by Overseas-born Of the 76 923 persons who departed permanently in 2007-08, 49.1 per cent were born overseas, slightly up on the 2006-07 figure of 48.8 per cent born overseas. The largest group of overseas-born emigrants in 2007-08 were the New Zealand-born, with 7 820 people or 20.7 per cent of all overseas-born emigrants. Permanent movements between Australia and New Zealand appear to reflect differences between relative real incomes and employment opportunities in the two countries. The United Kingdom-born were the second largest emigrant group, with 6 047 people (16.0 per cent of overseas-born emigrants) departing permanently. Persons born in North-East Asia and South-East Asia accounted for 23.3 per cent and 11.6 per cent of overseas born departures respectively. A majority of these emigrant groups returned to their birthplace: for example, New Zealand (78.8 per cent), Hong Kong (SAR of China 77.5 per cent) and Taiwan (77.3 per cent) were birthplaces which had high return rates. Other return rates were Japan (75.5 per cent), Indonesia (67.3 per cent), USA (72.7 per cent), the Peopleâ&#x20AC;&#x2122;s Republic of China (61.5 per cent), and the UK (56 per cent). Most overseas-born persons who left Australia permanently in 2007-08 (69.3 per cent), had lived here for five years or more. However, a significant proportion (around 13.7 per cent) departed after less than two yearsâ&#x20AC;&#x2122; residence in Australia.

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1.3.4 Emigration by Australian-born In 2007-08, 39 144 Australia-born people departed permanently, the highest number

ever. This figure includes the Australia-born children of former settlers. Around two– thirds (62.8 per cent) of all Australian-born emigrants leave for one of the top-five destination countries. The most popular destinations were the United Kingdom (22.0 per cent), New Zealand (14.4. per cent), the USA (12.7 per cent), Singapore (7.6 per cent) and the United Arab Emirates (6.1 per cent). 1.3.5 Skilled Emigration 48.2 per cent of persons departing permanently in 2007-08 reported skilled employment prior to leaving. The largest occupation group were professionals (26.0 per cent), followed by managers and administrators (11.2 per cent). 7.2 per cent were associate professionals and 3.8 per cent were tradespersons. Semi-skilled persons constituted 11.0 per cent of emigrants in the workforce and unskilled 1.9 per cent. The remainder were in the ‘not stated or inadequately described’ (7.6 per cent), ‘not in employment’ (0.6 per cent) and ‘children, persons stating “home duties” as their occupation, students and retired persons’ (30.7 per cent) categories. Overall, however, Australia continues to gain far more skilled people every year through immigration than it loses through emigration. In 2007-08 for example, Australia lost 37 095 skilled workers but gained 52 705 skilled workers as settler arrivals. A further 26 431 primary applicants were also granted permanent Skill Stream visas onshore (includes dependents).

1.4 Irregular Migration 1.4.1 Overview The Australian Department of Immigration and Citizenship (DIAC) investigates all persons who seek to commit fraud against its program. This includes Australian citizens, permanent or temporary residents and, through our overseas network of compliance officers and airport liaison officers and with the cooperation of other Commonwealth agencies such as the Department of Foreign Affairs and Trade (DFAT) and the Australian Federal Police (AFP) and host governments, any persons involved in organised immigration fraud such as people smuggling or the issuing of fake passports. Where evidence of fraud exists, DIAC has the option to either apply an administrative outcome such as visa cancellation to any non-citizen and/or to seek prosecution. Briefs

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of evidence are compiled and submitted to the Australian Commonwealth Director of Public Prosecutions for consideration to prosecute, in accordance with the Prosecution Policy of the Commonwealth. 1.4.2 Managing Migration and Maintaining Integrity Movement of people to and from Australia has shaped Australia’s society and is a major contributor to the Australian way of life. In 2007-2008, more than 4.6 million permanent residents and temporary entrants arrived in Australia. Australian citizens have the unrestricted right to reside in Australia and to travel freely in and out of the country. All other people, including permanent residents, must have an authority, in the form of a visa, to enter and stay in Australia. Australia’s migration laws set the criteria and standards that foreign nationals must meet if they wish to travel to and remain in Australia for a period of time or indefinitely. The Australian Government is firmly committed to ensuring the integrity of Australia's borders and the effective control and management of the movement of people to and from Australia while improving entry arrangements to better meet the needs of business, education and tourism. Australia’s Universal Visa System provides a vital opportunity to screen people who wish to travel to Australia - their identity, risk profile and the genuineness of their reason for travel. Health, national security and character checks serve to identify people who might pose a risk to the Australian community. The administration of Australia's immigration laws is the responsibility of DIAC. The aim of DIAC’s border management function is to protect the Australian community by promoting acceptance of, and adherence to, entry and stay requirements. DIAC also enforces immigration legislation through prevention and deterrent activities, and the interception, detention and removal of foreign nationals who do not abide by immigration laws in Australia. DIAC actively engages the community to assist in managing the migration program through initiatives such as Visa Entitlement Verification Online (VEVO) where employers can check work rights of any foreign employees. Compliance with Australia’s immigration system is extremely high due to the various integrity measures put in place over a number of years. Most people comply with Australia’s immigration rules and enter Australia lawfully. In 2007-2008, over 99 per cent of arrivals to Australia complied with Australia’s immigration laws and this rate is increasing.

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DIAC promotes integrity in Australia’s immigration system by encouraging compliance, deterring and resolving non-compliance and, where necessary, enforcing compliance.

DIAC works closely with other Australian agencies to maintain the integrity of our processes and to contribute to the national good, such as with DFAT to counter passport fraud, the AFP to combat people trafficking, and State police forces to undertake joint operations.

Australia’s border management system is based on a number of layers including the Universal Visa System, overseas compliance officers, the Advance Passenger Processing system, Airline Liaison Officers (ALOs) and processing at Australian airports and seaports on arrival. This makes Australia’s borders and its migration systems among the most secure in the world. 1.4.3. Australian Prevention and Compliance Efforts Overseas DIAC has an extensive network of internationally posted ALOs, Compliance Officers and Liaison Officers. ALOs work closely with airline staff and government agencies in host countries to prevent the embarkation on Australia-bound flights of persons who hold unacceptable or fraudulent travel documents. The presence of an Australian ALO at an international airport is also a deterrent to persons who would attempt to travel to Australia on fraudulent or inadequate documents. As well as deterring fraudulent travellers, ALOs train local airline staff in the detection of fraudulent documentation. The ALO network began in 1990, and currently there are 18 ALO positions in 10 key hub international airports with direct flights to Australia and/or last port of embarkation for passengers to Australia. The ALO network strengthens Australia’s border integrity by contributing to Australia’s capacity to investigate, identify and disrupt those who may be seeking to come to Australia for terrorist or associated activities. Overseas Compliance officers work closely with those agencies involved with border control and immigration law enforcement in their host country on the issues of illegal immigration and people smuggling. Additionally, compliance officers work to reduce migration fraud targeting Australia’s entry programmes. There are currently 30 compliance officers in 29 overseas locations. In 2007-08 these officers played a key role in detecting cases of fraud in visa applications lodged at overseas missions.

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Additionally, Australia is working closely with officials in source and transit countries to develop their capacity to better enforce border integrity via a series of document fraud awareness courses and information exchanges aimed at combating people smuggling and trafficking. As part of the Australian Governmentâ&#x20AC;&#x2122;s preventative measures to combat people trafficking, DIAC has Senior Migration Officers (Compliance and Trafficking) located in Bangkok, Beijing and Manila. These specialist officers vet the visa caseload and refer any cases where there are indicators of trafficking to the AFP, who are the investigative authority for trafficking matters. 1.4.4 People Trafficking The Australian Government views people trafficking as a serious issue of global concern. Australia is a signatory to and has ratified the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (the People Trafficking Protocol). Since 1999, Australia has had strict anti-trafficking legislation in place with severe penalties of imprisonment for slavery, sexual servitude and deceptive recruiting. Enhanced legislation was introduced in 2005 to further criminalise trafficking-related offences, creating a broad range of people offences for prosecutors to rely on. In addition to this legislation, in August 2007 the Employer Sanctions amendments were introduced to the Migration Act 1958. It is now an offence to allow or recklessly refer an illegal worker to work. Aggravated offences apply where an illegal worker has been exploited through slavery, forced labour or sexual servitude (see Trafficking of Women and Counter Measures). These offences complement the existing people trafficking offences that are contained in the Criminal Code Act 1995. The People Trafficking Visa Framework was introduced on 1 January 2004 and comprises the Bridging F visa, the Criminal Justice Stay visa and the temporary and permanent Witness Protection (Trafficking) visas. This visa framework enables persons who are assisting, or who have assisted, with an investigation or prosecution of people trafficking offenders to remain lawfully in Australia and offers protection to those in genuine need. Under the visa framework, victims may be afforded permanent residence in Australia, subject to meeting regulatory criteria. In 2008, DIAC concluded a review of the People Trafficking Visa Framework which included consultations with key non-government and government stakeholders. While the outcomes are currently being considered, the Minister for Immigration and

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Citizenship, the Hon Senator Chris Evans, believes there are opportunities to have a simpler and more flexible framework. Between 1999 and 30 June 2008, DIAC referred 269 matters to the AFP for assessment and possible investigation into suspected people trafficking activity. A number of these referrals were for intelligence purposes. The AFP has subsequently charged 34 alleged offenders with trafficking-related offences. 1.4.5 Trafficking of Women and Counter Measures DIAC works closely with the AFP in identifying suspected victims of trafficking and immediately refers any suspected trafficking activity in accordance with an agreed protocol. The threshold for referral to the AFP is low. Most individuals referred to the AFP are women located in the sex industry. Of those referred, the majority of women have been from Thailand and the Republic of Korea (South). Any person suspected of being a victim of trafficking, regardless of their gender, may have access to the People Trafficking Visa Framework. Under this visa framework, suspected victims have access to a range of benefits including accommodation, living allowances, medical treatment and vocational training. 1.4.6 Australian Compliance Efforts Onshore DIAC has an active and effective enforcement capability to identify and deal with a relatively small number of people who do not comply with their visa conditions. DIAC monitors non-citizens after they arrive in Australia to ensure they abide by their visa conditions and leave Australia before their visa expires. DIACâ&#x20AC;&#x2122;s work includes field visits and investigations. It also entails cooperation with other relevant parties, for example, to ensure that sponsors, education service providers and employers honour any commitments they have made in support of the visa application. DIAC has the authority to locate clients, cancel clientsâ&#x20AC;&#x2122; visas, and ultimately to detain and remove clients who refuse to regularise their status or depart Australia voluntarily when they no longer have the legal basis to remain.

Through field visits and by promoting awareness of their obligations to ensure the status of non-citizens with employers, Australia is taking active steps to address illegal work and potential exploitation of foreign workers. The Employer Sanctions Bill was introduced in 2007 to strengthen this obligation through stiff penalties for employing a non-citizen who does not have the right to work in Australia. The VEVO service is being used increasingly by employers to check the work rights of potential workers. The

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number of checks processed by the service increased by 97 per cent in 2007-2008 compared to the preceding year, with more than 245 000 checks being completed. Section 5 discusses illegal work in more detail. 1.4.7 Measures to Maintain the Integrity of the Overseas Student Program The Overseas Student Program enables overseas students to come to Australia to undertake full-time study in registered courses in Australia. Whilst the program brings significant benefits to Australia and the Australian economy, it presents a number of challenges in ensuring that student visa holders comply with the conditions of their visas, which include satisfactory attendance and academic performance at an education provider, and a limitation on work rights. The demand by international students to study in Australia remains very strong. A record number of 278 184 visas (excluding grants for Permission to Work (PTW) or Change of Education Provider) were granted in 2007-08. This was an increase of around 22 per cent over the 2006-07 figures of 228 592. Since the implementation of significant reforms to the Overseas Student Program in 2001, there has been a steady improvement in compliance levels of student visa holders while approval rates have increased. In 2007-08, the total number of student visa cancellations was 6 727 (excluding Subclass 580 Student Guardian visas), a 4.37 per cent increase on the 6 433 Student visas cancelled in 2006-07. Student visas are automatically cancelled where a student fails to meet the minimum class attendance condition attached to their visa or fails to obtain satisfactory academic results. In 2007-08, 2 050 Student visas were cancelled automatically under these arrangements, compared to 1 343 Student visas in 2006-07.

1.4.8 Visa Cancellation The Migration Act controls the entry and stay of non-citizens in Australia. DIAC uses the power in the Migration Act to cancel visas most commonly where a visa holder: •

provides incorrect information and/or bogus documents to enter or stay in Australia;

•

fails to abide by the conditions of entry to Australia;

•

is no longer entitled to the visa due to a change in circumstances

•

presents a significant risk to the community; or

•

engages in criminal conduct.

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Table 1.18 – Visa Cancellations(*) 2007-08 : OECD Countries OECD COUNTRY

Female

Male

Total

Austria

Belgium

Canada

1 005

514

491

Czech Republic

Denmark

125

Finland

France

235

314

549

Germany, Federal Republic of

837

360

477

Greece

Hungary

Iceland

Ireland

485

470

955

Italy

136

211

Japan

425

446

871

Korea, Republic of

555

667

1 222

Luxembourg Mexico Netherlands New Zealand

107

137

244

Norway

125

Poland

Portugal

Slovakia

Spain

Sweden

106

155

261

Switzerland

Turkey

2 097

2 786

4 583

816

979

1 795

6 212

7 315

13 527

United Kingdom United States of America Total (*)

Cancellations encompasses all visas cancelled onshore and offshore including those where the client requests to have their visa cancelled

In 2007-08, a total of 26 696 visas were cancelled. Of these, 1 877 were cancelled by Australian missions overseas.

1.4.9 Overstayers The term ‘overstayer’ describes non-citizens who remain in the Australian community unlawfully after their temporary visa expires. Overstayers arrive in Australia with valid temporary visas, mainly as tourists but also as working-holiday makers, students or temporary residents. Provisions exist for people to apply to extend their time in Australia for legitimate reasons but a small percentage of the millions of visaed visitors to Australia each year become overstayers. Overstayers who leave Australia are recorded by DIAC’s information systems as they exit through air/seaports.

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At 30 June 2008, there were estimated to be 48 500 overstayers in the Australian community (around 60 per cent were male and 40 per cent were female). The reasonably constant overstayer rate with a relatively large increase in entry numbers, points to a consistent trend of improving voluntary compliance.

Table 1.19 – Overstayer Population 2007-08 : General Categories Category

Percentage of Total Overstayers

Visitors

Students

Temporary Residents

“Other” visa categories

1.4.10 Locations Table 1.20 – Locations(*) Outcome 2007-08 : OECD Countries OECD Member Country

Total

Austria

Belgium

Canada

119

Czech Republic

Denmark

Finland

France

Germany, Federal Republic of

104

Greece

Hungary

Iceland

Ireland

Italy

Japan

115

Korea, Republic of

612

Luxembourg

Mexico

Netherlands

New Zealand

100

Norway

Poland

Portugal

Slovakia

Spain

Sweden

Switzerland

Turkey

United Kingdom

314

United States of America Total

278 2 198

(*)

Locations includes all Unlawful Non-Citizens located by the department through compliance activity or through client voluntarily approaching the department.

In 2007-08 DIAC located 10 722 foreign citizens who had either overstayed their visas or were otherwise in breach of their visa conditions (around two thirds were male, one third were female). Once overstayers and other unlawful non-citizens are located, efforts are

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made to regularise their status, encourage voluntary departure or remove them from Australia.

1.4.11 Detention

The Australian Government, along with DIAC, has been working in recent years to find alternatives to detaining unlawful non-citizens whilst resolving their immigration status. This year has seen the lowest numbers in detention since 1994 - as at 19 September 2008 there were 186 people in immigration detention centres and 79 people in community alternatives.

Since 2002-2003, the likelihood of a person located by DIAC being detained has halved to around 17 per cent of all persons located. The number of people spending more than two years in detention has also halved during this period.

The Australian Government’s new detention directions and values affirm the following: •

mandatory detention is an essential component of strong border control;

•

to support the integrity of Australia’s immigration program, three groups will be subject to mandatory detention: 1. all unauthorised arrivals, for management of health, identity and security risks to the community 2. unlawful non-citizens who present unacceptable risks to the community, and 3. unlawful non-citizens who have repeatedly refused to comply with their visa conditions;

•

children, including juvenile foreign fishers and, where possible, their families, will not be detained in an immigration detention centre (IDC);

•

detention that is indefinite or otherwise arbitrary is not acceptable and the length and conditions of detention, including the appropriateness of both the accommodation and the services provided, would be subject to regular review;

•

detention in immigration detention centres is only to be used as a last resort and for the shortest practicable time;

•

people in detention will be treated fairly and reasonably within the law; and

•

conditions of detention will ensure the inherent dignity of the human person.

DIAC is working to develop new polices and procedures to implement these values.

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1.4.12 Community Care Pilot Almost all of DIAC’s clients will comply with their visa conditions and many others will do the right thing if they are given some encouragement and support. DIAC is currently trialling the Community Care Pilot. Its aim is to help unlawful non-citizens find timely and appropriate resolution to their immigration status. 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. 1.4.13 Removals Where necessary, DIAC will enforce the departure of people who have no entitlement to remain in Australia and do not voluntarily depart. In 2007-08, there were 8 404 removals and monitored departures. Removals fall into the following categories: •

unlawful non-citizens in Australia. This includes the crews of vessels caught fishing illegally in Australian waters Most people removed under this category have overstayed their visa;

•

people whose visas have been refused or cancelled, including on the basis of criminal or other character related reasons; and

•

people who arrived in Australia without authorisation.

Table 1.21a – Departures (*) 2007-08 : General Categories Category

Total

Bridging Visa Overstayer

1 349

Visitor Overstayer

2 233

Student Attendance Breach

199

Temporary Resident Overstayer

512

Student Overstayer

763

Border Visa

410

Inadequately Documented Crew Member

361

Visitor Work Breach

127

Unauthorised Air Arrival

352

Bridging Visa Breach

Permanent Residence Cancellation

Other

774

Fishermen

1 212

Total 8 404 Departures incorporate all compliance-related departure activities i.e. Removals, Monitored Departures, Supervised Departures, Destitute Removals, Voluntary Returns and Criminal Deportations.

(*)

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Table 1.21b Departures (*) 2007 -08 : OECD Countries Country

Female

Male

Austria

Belgium

Canada

Czech Republic

Total

Denmark

Finland

France

Germany, Federal Republic of

Greece

Hungary

Iceland

Ireland

Italy

Japan

146

180

326

Luxembourg Korea, Republic of Mexico

Netherlands

New Zealand

112

120

Norway

Poland

Portugal

Slovakia

Spain

Sweden

Switzerland Turkey

United Kingdom

128

186

United States of America

126

179

524

998

1 522

Total

1.4.14 The Role of The Migration Agents Registration Authority The Migration Agents Registration Authority (MARA) is the body appointed by law to regulate the migration advice profession in Australia. The MARA is operated by the Migration Institute of Australia Limited (MIA), which is the peak industry body that represents migration agents. Migration agents operating in Australia are required to be registered with the MARA. The number of registered migration agents increased by 298 agents from 3 495 at 30 June 2007 to 3 793 at 30 June 2008. The functions of the MARA under section 316 of the Migration Act 1958 are: â&#x20AC;˘

to process applications for registration of migration agents;

â&#x20AC;˘

to monitor the conduct of registered migration agents in their provision of

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Immigration assistance and of lawyers in their provision of immigration legal assistance; •

to investigate complaints in relation to the provision of immigration assistance by registered migration agents;

•

to take appropriate disciplinary action against registered migration agents or former registered migration agents; and

•

to monitor the adequacy of any Code of Conduct.

A review of the migration advice profession was conducted during 2007-08. The 2007-08 Review of Statutory Self-Regulation of the Migration Advice Profession (the Review) was undertaken to assist the government assess the effectiveness of the regulatory scheme, the state of the profession and its readiness for a move from statutory self-regulation to self-regulation. Terms of Reference for the Review included: •

evaluate the capacity of the migration advice profession to move to full selfregulation;

•

evaluate the role of the MIA as the industry regulator in a deregulated environment;

•

examine the effectiveness of the legislation and other relevant documentation in delivering the policy objectives under review;

•

evaluate the costs and benefits of the scheme to consumers and the community, and to fee charging and non-fee charging agents;

•

evaluate the possibility of Including lawyer agents in the regulatory scheme;

•

examine the success of the Continuing Professional Development (CPD) scheme as well as its relevance and accessibility to agents;

•

examine the options for priority processing of applications submitted by registered migration agents; and

•

report on the effectiveness of, and possible improvements to, the current statutory framework in regulating the migration advice profession.

The Final Report of the Review is expected to be released in 2008-09. 1.4.15 Measures to Address Immigration Identity Fraud The Australian Government recognises the growing trend in identity fraud throughout the world. Within this context, the Australian Government has supported the implementation of biometrics at the Australian border as a priority. Over $185 million (AUD) has been

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allocated to border agencies from 2005-2009 for rollout of the Australian e Passport by DFAT expansion of the SmartGate automated biometric border processing program by Customs and improved identification and screening by the Department of Immigration and Citizenship (DIAC) of non-citizens entering Australia. Since 2005 DIAC has implemented several biometric initiatives, including: •

trialling the collection and sharing of biometric data with other countries;

•

developing an Identity Services Repository (ISR) for managing client identity information; and

•

collecting biometrics from selected caseloads and from Australian Citizenship test applicants.

These measures help to effectively establish and verify the identity of people. They minimise the creation of false or multiple identities and reduce the risk of identity crime that threatens Australia’s border integrity.

As DIAC is the first point of contact for people coming to Australia, biometric technology can assist in permanently linking them to a unique identity for all future interactions with the Department. In line with other countries, DIAC uses two types of biometrics: facial images and finger scans. Collection and matching against these biometrics is being progressively introduced to various immigration processes.

In 2007, DIAC signed a Memorandum of Understanding with the Australian Crime Commission to provide to the Australian Identity Protection Register (AIPR) the details of fraudulent identities used in seeking an immigration benefit. The information within the AIPR is shared amongst 23 other government and law enforcement agencies as a means of protecting genuine identities and as an important investigative/intelligence tool in assessing the impact of identity fraud in Australia.

1.4.16 International Efforts

DIAC works collaboratively with other nations and international bodies to enhance immigration and border security arrangements and support protection spaces in refugee receiving countries. DIAC also participates in various international fora addressing issues related to identity management and the use of technology for effective border management.

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These fora include the Intergovernmental Consultations on Migration, Asylum and Refugees (IGC) and the Four Country Conference (4CC). The Department also works with the APEC Business Mobility Group to promote the use of machine readable travel documents and ePassports and to enhance the knowledge of current technology and its application for border processing in the Asia-Pacific region. The 4CC is a forum for the heads of immigration agencies from Australia, UK, USA and Canada to discuss their respective programs and irregular migration.

Australia chairs the Biometrics and Technology sub-group of the 4CC. This group identifies and pursues options for collaboration and interoperability between the four countries in the field of biometrics and technology.

A recent biometric data sharing trial between the 4CC countries checked 30 000 records. Many identity fraud instances were discerned including one finger print match which revealed a person applying for asylum in the UK who had travelled to the USA in 2005 on an Australian passport in a different identity. Subsequent investigations revealed that the individual’s Australian passport had been cancelled and was the subject of an arrest warrant in Victoria. Victorian Police were engaged and the man was returned to Australia to face criminal charges.

These data sharing trials (and their future development) will provide the opportunity to detect identity fraud across countries. The results to date demonstrate the significant benefits that flow from biometric data sharing in the international context and biometrics at the border more generally. The international collaboration exemplified in the 4CC, further strengthens Australia’s ability to detect and work against identity fraud.

The Department’s network of forensic document examiners provide a forensic document examination service for DIAC decision makers relying upon clients’ proof of identity documents. It actively provides document fraud detection training within DIAC and to the border management agencies of a number of developing countries. 1.4.17 Intelligence Gathering and Exchange DIAC identifies three main intelligence priority areas. These are people smuggling, identity fraud and fraud in the immigration visa application caseload. Within these priorities, the aim of DIAC is to identify people and organisations involved in people smuggling, smuggling routes and methods. Intelligence activities are also directed at identifying fraud within visa applications and among unauthorised arrivals and

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in determining the involvement of criminal or other organised elements. In the course of these activities, immigration procedures and practices that may be at risk of abuse are also identified. Where possible, Australia shares this information with other governments in source, transit and other receiving countries, in order to assist investigations and prosecution action where laws have been breached or to allow remedial action to be implemented. The Government has also pursued greater intelligence cooperation and information exchange through a range of bilateral and international fora, including the Bali Conference and its working groups, Inter Governmental Asia Pacific Consultations on Refugees, Displaced Persons and Migrants Asia Pacific Consultation (APC), Intergovernmental Consultation (IGC) Analysts Working Group, the PACRIM Immigration Intelligence Conference and the Pacific Immigration Directors Conference.

2 FLOWS OF REFUGEES AND ASYLUM SEEKERS 2.1 Refugees 2.1.1 Overview The Humanitarian Program is part of Australia’s commitment to the system of international protection in which countries choose to share responsibility to protect and find orderly solutions for refugees. Australia’s Humanitarian Program has two components: •

the offshore resettlement component, which provides resettlement to persons overseas who are in the greatest need of this durable solution; and

•

the onshore component, which offers protection to persons who arrive in Australia and engage Australia’s protection obligations under the United Nations 1951 convention relating to the Status of Refugees.

Australia’s resettlement program goes beyond any international obligations and reflects Australia's desire to assist persons around the world in the greatest need of a durable solution. Australia consistently ranks as one of the top three resettlement countries in terms of the numbers of persons resettled.

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2.1.2 Humanitarian Program Performance 2007-08 13 014 visas were granted under the Humanitarian Program in 2007–08. Of these, 83 per cent were granted to applicants under the offshore component and 17 per cent were granted to applicants under the onshore component. In 2007–08 a new visa policy was introduced to enable the permanent resettlement in Australia of locally engaged employees in Iraq and their dependant family members at risk because of their engagement with the Australian Government. These places were in addition to the 2007–08 Humanitarian Program. Table 2.1 – Humanitarian Program Outcome 2007-08 Humanitarian Visas Refugee

Offshore

Onshore

6 004

SHP (Special Humanitarian Program) Subtotal

4 795 10 799

Temporary Protection

196

Permanent Protection

1 704

Temporary Humanitarian Concern SHP (Onshore)

231

Subtotal

2 215

Program Total 13 014 Two Refugee Category visas were granted onshore through Ministerial intervention.

1 2

SHP visas may be granted to applicants onshore through Ministerial intervention.

2.1.3 Humanitarian Program Offshore Component The offshore component has two categories: •

the Refugee category assists people who are subject to persecution in their home country and have been identified in conjunction with the United Nations High Commissioner for Refugees as in need of resettlement; and

•

the Special Humanitarian Program (SHP) assists people who have suffered substantial discrimination amounting to gross violation of human rights in their home country and who are living outside their home country. People applying under the SHP must demonstrate some connection with Australia. Their applications must be supported by a formal proposal from a permanent resident or a citizen of Australia or an organisation operating in Australia.

On 9 August 2008, the Government abolished the Temporary Protection visa (TPV) and Temporary Humanitarian visa (THV) regime, and existing TPV and THV holders are currently being processed for the permanent Resolution of Status visa. This visa allows TPV and THV holders access to the same benefits and entitlements as permanent Protection visa holders, including family reunification, without the need to reassess

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protection obligations. Former TPV and THV holders only need to meet health and character requirements to be eligible for this visa. 2.1.4 Humanitarian Program Offshore Performance 2007-08 In 2007-08, 10 799 visas were granted under the offshore component comprising 6004 Refugee visas and 4795 SHP visas. There were no humanitarian visa grants to OECD member countries. In 2007–08, the regional composition was as follows: •

Africa – 30.48 per cent of total offshore grants;

•

Middle East and South West Asia – 35.25 per cent of total offshore grants;

•

Asia and the Pacific – 33.67 per cent of total offshore grants; and

•

Europe and the Americas – 0.6 per cent of total offshore grants.

Table 2.2a – Offshore Resettlement Program Grants 2003–04 to 2007–08 : Region Region of Birth Europe Middle East and SW Asia Africa Asia and Pacific Americas

03-04

04-05

05-06

06-07

07-08

354 1 2 867

20 2 3 174

55 3 4 335

50 3 126

59 3 807

8 353

8 486

7 100

5 695

3 291

221

415

1 260

2 315

3 636

11 802 12 096 12 758 11 186 10 799 Total Includes 90 grants to mainly Afghans and Iraqis in the Offshore Processing Centres in PNG and Nauru 2 Includes 153 grants to mainly Afghans and Iraqis in the Offshore Processing Centre on Nauru 3 Includes 18 grants mainly Afghans and Iraqis in the Offshore Processing Centre on Nauru 1

Overall, visas granted under the offshore component were more or less split evenly between males and females in 2007–08, while 46 per cent of offshore grants were to people under the age of 18. Table 2.2b – Offshore Resettlement Program Grants 2007-08 : Top 10 Countries of Birth and Gender Country of Birth

Male

Female

Total

Myanmar Iraq

1 526 1 004

1 435 1 211

2 961 2 215

Afghanistan

549

636

1 185

Sudan

635

523

1 158

Liberia

193

217

410

Democratic Republic of Congo

166

182

348

Burundi

152

151

303

Iran

156

146

302

Sierra Leone

133

134

267

Sri Lanka

157

243

Others

725

682

1 407

5 396

5 403

10 799

Total

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Each year the Australian Government allocates 10.5 per cent of the Refugee category to women and their children who are subject to persecution and are without the protection of a male relative. In 2007–08, 819 visas were granted through the Woman at Risk Program, which represented 13.7 per cent of the Refugee allocation. In 2007–08, the main countries of birth for Woman at Risk visas can be seen in table 2.3 below: Table 2.3 – Humanitarian Program – Women at Risk Visa Grants 2007 -08 : Top Five Countries of Birth Country Afghanistan Burma Democratic Republic of Congo Iraq Somalia

Total 233 155 86 73 48

2.1.5 Onshore Protection Australia’s Refugee and Humanitarian Program also provides a solution for people already in Australia who engage Australia’s protection obligations under the United Nations 1951 Convention relating to the Status of Refugees and its 1967 Protocol (Refugees Convention). More information regarding protection applications, trends and outcomes can be found in Section 2.2. 2.1.6 2008–09 Humanitarian Program In May 2008, the Australian Government announced the Humanitarian Program would be increased to 13 500 places in 2008-09. The Refugee category was increased to 6500 places with a one-off increase of 500 Refugee category places. These additional places were set aside for the resettlement of Iraqis in recognition of their critical resettlement needs. 2.1.7 Initiatives to Enhance the Delivery of the Humanitarian Program The Humanitarian Program will continue to build upon initiatives introduced in recent years to facilitate the arrival of Refugee and SHP visa holders, and to improve the settlement experience for these people. These initiatives include the ongoing development of the Australian Cultural Orientation (AUSCO) program, with the trial of a cost-effective one-day-on/one-day-off teaching method that incorporates alternate selflearning days in Thailand, the expansion of Guest Trainer visits through AusAID and the further development of Youth Ambassadors to assist with curriculum development. A Youth Comic book resource will also be released in the 2008–09 financial year.

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These initiatives also include the expansion of Pre-departure Medical Screening (PDMS) to Malawi, Bangladesh and Turkey. PDMS was introduced in 2005, in order to improve the health outcomes for humanitarian entrants. PDMS provides for both identification, and where appropriate, immediate medical treatment before travel to ensure that entrants are medically fit to travel to Australia. Where clients are found to have medical conditions requiring treatment, travel to Australia is delayed and treatment provided. Historically, 10â&#x20AC;&#x201C;15 per cent of travel postponements have been attributed to women in advanced stages of pregnancy. PDMS also enables clients to be linked, where required, with health services in Australia.

2.2 Asylum Seekers 2.2.1 Overview Asylum seekers are people who apply to the government of a country for recognition as refugees and whose claims to refugee status have not been finally decided. If they are recognised as refugees, they are generally offered protection in that country. Australia provides protection for asylum seekers who meet the UN definition of a refugee, as defined in the Refugees Convention. The majority of refugees in Australia are resettled from other countries through the offshore component of Australiaâ&#x20AC;&#x2122;s Humanitarian Program. Each year, however, several thousands of people already in Australia make applications for Protection visas. These mainly comprise people who arrived lawfully (a small number of asylum seekers arrive unlawfully by sea or air) and who remain in the Australian community while their claims are processed. In 2007-08 Australia saw a rise of around six per cent in Protection visa (PV) applications, in line with increases over the previous three program years. There were 3990 initial applications lodged in 2007-08, an increase from the 3 750 applications lodged in 2006-07. This trend is similar to that of European and North American countries. The top ten countries of origin for PV applications - China (PRC), Sri Lanka, Malaysia, Indonesia, Iraq, India, Pakistan, Zimbabwe, Iran and the Republic of Korea (South) comprised 75 per cent of PV applications. With the exception of the Republic of Korea (South), the numbers of applications from persons from OECD countries has been

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negligible and current indications are that this will remain the case. In the case of the Republic of Korea (South), the number of grants are negligible. There are a number of initiatives being implemented and under consideration by the Government to respond to Protection visa applicants in a humane way, whilst maintaining integrity in the process. The Department is looking at ways to improve service delivery, transparency and building strong case management of PV clients. Examples of these reforms include the abolition of the Temporary Protection Visa program, enhanced case management practices and changes to limit the time clients spend in detention. 2.2.2

Protection Visa Lodgements and Outcomes in 2007-08

Table 2.4a Initial Protection Visa Applications 2007-08 : Top 10 Countries of Citizenship (data as at 4 July 2008) Citizenship

Initial PV Applications

China (PRC)

1 234

Sri lanka

395

Malaysia

219

Indonesia

218

Iraq

200

India

200

Pakistan

181

Zimbabwe

140

Iran

113

Korea, Republic of (South)

All Others

994

Total

3 987

Table 2.4b Initial Protection Visa Grants 2007-08 : Top 10 Countries of Citizenship (data as at 4 July 2008) Citizenship

PV Applications Granted

Sri lanka China (PRC)

434 412

Iraq

219

Pakistan

117

Iran

Zimbabwe

Myanmar

Bangladesh

Egypt

Afghanistan

All Others (61)

399

Total

1 930

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Table 2.4c Initial Protection Visa Applications 2007-08 : Gender and Age Group (data as at 4 July 2008) Gender and Age Group

Initial PV Applications

Male Adult

2 219

Male Child

256

Female Adult

1 297

Female Child

215

Total

3 987

2.2.3 Benefits and Services for Asylum Seekers The Australian Government provides assistance for some asylum seekers during the period in which their claims for protection are processed. This can include: •

financial assistance for basic living essentials;

•

professional and independent assistance in preparing their protection application;

•

access to work rights; and

•

access to Medicare, the national health car system.

Support including income payment is available to applicants living in the community, to enable basic subsistence through the Asylum Seeker Assistance (ASA) Scheme. The Scheme is administered by DIAC through contract with the Australian Red Cross Society. In 2007-08, the ASA Scheme assisted 1 867 clients at a cost of $4.8 million. To receive ASA, asylum seekers must be in financial hardship and: •

awaiting decision on a valid Protection visa application lodged at least six months previously;

•

not been in detention (must hold a bridging or other visa);

•

not have been released from detention on an undertaking of support;

•

not be eligible for either Commonwealth or overseas government income support; and

•

not be a spouse, de facto or sponsored fiance(e) of a permanent resident.

Exemptions to the above criteria, allowing immediate payment, may be available to applicants including: •

unaccompanied minors, the elderly and families with children under 18 years old;

•

people unable to work as a result of a disability, illness or torture/trauma or change of circumstances;

•

in some cases, the carers for the above groups; and

•

women experiencing pregnancy (with some conditions).

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Applicants who meet an exemption criterion can continue to be supported throughout a merits review process, if this is undertaken. Applicants cease to be eligible for ASA when their Protection visa application has been finally decided, being 28 days after notification of the primary (departmental) decision or the date of the Refugee Review Tribunal decision, whichever is the later. Asylum seekers wanting ASA approach the Australian Red Cross in any Australian State or Territory capital city. With regard to health care assistance and health-related counselling, ASA recipients who do not have access to the national health care system (Medicare) can receive assistance with health care costs and can also be referred to counselling services. The Australian Government funds a program of professional and independent assistance for Protection visa applicants in detention, and the most disadvantaged in the community. This is the Immigration Advice and Application Assistance Scheme (IAAAS). Charging no fee to the applicant, a professional migration agent and a qualified interpreter will visit detained clients or interview community clients in the agentâ&#x20AC;&#x2122;s offices, discuss their case history and visa options, complete and lodge application forms, translate documents that need to be submitted and explain the process, any requests or correspondence that arise during the process and the outcome. Assistance, also free of charge, can continue to the applicant where the primary (departmental) decision is negative and the case is taken to the Refugee Review Tribunal or other merits review bodies. 2.2.4 Asylum Seeker Access to the Labour Market Protection visa applicants who hold a bridging visa may be eligible to work and access Medicare if they applied for a Protection visa within 45 days of arriving in Australia (the 45 day rule). At any given time, approximately two-thirds of Protection visa applicants have work rights and access to Medicare whilst they await finalisation of their application. The Minister for Immigration and Citizenship has asked the Department to consider the policy issue of work rights and Medicare benefits for asylum seekers (including application of the 45 day rule) as part of a broader, coherent Bridging visa policy.

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3 EVOLUTION OF THE STOCK OF FOREIGN BORN 3.1 Population 3.1.1 Overview At 31 March 2008, the estimated Australian resident population (ERP) was 21 282 600 persons, an increase of 333 700 (or 1.6 per cent) persons since 31 March 2007. The annual population growth rate (1.6 per cent) was similar to levels recorded in previous years. Population growth has two components: natural increase (the number of births minus the number of deaths) and Net Overseas Migration (NOM) − net permanent and long-term overseas migration plus adjustments for changes in traveller duration intention. 3.1.2 Natural Increase Natural increase for the year ended 31 March 2008 was 137 700 persons, contributing 41 per cent to Australia’s population growth. During this period, births added 278 200 persons to the population and deaths removed 140 500. Australia’s total fertility rate (TFR) declined steadily during the 1990s at a rate of around 0.02 children per woman, per annum but has since virtually stabilised. For the past six years the TFR has varied between 1.73 and 1.8 children per woman. In 2006 there were 265 900 births registered in Australia, 6 200 (2.4 per cent) more than in 2005. This was the second highest number of births registered in Australia with only more registered in 1971 (276 400). The annual average number of births to overseasborn mothers between 2004 and 2006 was 62 355 compared with 259 995 for all mothers. The TFR of overseas born mothers in 2006 was 1.81 children per woman, an increase from 1.79 in 2005. Mothers born in Hong Kong had the lowest fertility rate at 0.65, while mothers born in Lebanon had the highest at 3.54. Table 3.1 – Highest and Lowest Fertility Rates 2005 : Countries of Birth Country of Birth

Total Fertility Rate (children per woman)

Lebanon Syria

3.54 3.38

Pakistan

3.08

Hong Kong SAR

0.65

Singapore

1.01

Serbia and Montenegro

1.04

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3.1.3 Net Overseas Migration (NOM) Net Overseas Migration (NOM) for the year ending 31 March 2008* was estimated to be 199 100. During that period, NOM contributed 59 per cent of Australia’s population growth for the last 12 months. *

Preliminary NOM estimates are based on international movement data for the reference quarter, adjusted by information derived from travellers with the same characteristics from the corresponding quarter two years earlier. Final NOM estimates for the four quarters of 2007-08 (scheduled for release in March 2009) will be based on the actual duration of stay in Australia and overseas of international travellers.

3.1.4 Population Ageing Australia’s population is ageing and will continue to do so. This is the inevitable result of fertility remaining at low levels over a long period while mortality rates decline. However, NOM at current levels has a useful but relatively small positive effect on population ageing. The median age of the resident population was 37 years as at the 2006 Census, compared to 35 years in 2001. The proportion of the population aged 55-64 years increased from 9 per cent to 11 per cent between the 2001 and 2006 Censuses. Over the same period the proportion of children aged 0–14 years decreased slightly. Under current death rates, a boy born today could expect to live 78.5 years while a girl could expect to live 83.3 years. Since 1985, life expectancy has increased by 6.1 years for men and 4.5 years for women. The increase in life expectancy is one of the factors contributing to the ageing of Australia's population. 3.1.5 Ethnic Composition At the 2006 Census 23.9 per cent of the population of Australia was born overseas. Of those born overseas, 30.7 per cent were born in North-West Europe, 16.3 per cent in Southern and Eastern Europe and 12.5 per cent in South-East Asia. The top five countries of birth made up 45.1 per cent of the overseas-born population. Table 3.2a – Australian Population - Overseas-born Ethnic Composition : Top 5 Countries of Birth (2006 Census) Country of Birth

Estimated Number

Percent of Overseas-born

1 038 157 389 463

23.5 8.8

China (excludes SARS and Taiwan)

206 591

4.7

Italy

199 121

4.5

Vietnam

159 850

3.6

Other

2 422 855

54.9

Total Overseas-born

4 416 037

100

United Kingdom New Zealand

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Table 3.2b – Australian Population - Overseas-born Ethnic Composition : OECD Countries of Birth (2006 Census) Country of Birth

Estimated number

United Kingdom

1 038 161

New Zealand

389 463

Italy

199 124

Greece

109 990

Germany

106 523

Netherlands

78 924

United States of America

61 719

Korea, Republic of (South)

52 760

Poland

52 255

Ireland

50 256

Canada

31 613

Japan

30 776

Turkey

30 491

Hungary

20 166

France

19 185

Austria

17 926

Portugal

15 196

Spain

12 275

Switzerland

11 260

Denmark

8 967

Finland

7 951

Sweden

7 499

Czech Republic

7 181

Belgium

5 060

Norway

3 628

Slovakia

3 319

Mexico

1 805

Iceland

505

Luxembourg

166

Total

2 374 144

3.2 Citizenship 3.2.1 Overview Australian citizenship is an important common bond for all Australians (whether Australians by birth or by choice) and lies at the heart of a unified, cohesive and inclusive Australia. It is a unique symbol of formal identification with Australia, acknowledging responsibilities and conferring privileges which allow people to participate fully in the community. These are: •

to vote;

•

to seek election to parliament;

•

to apply for an Australian passport and to enter Australia freely;

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•

to register children born overseas as Australian citizens by descent;

•

to seek full consular assistance from Australian diplomatic representatives while overseas;

•

to seek the full range of employment opportunities in the Australian Defence Force and the Australian Public Service;

•

to vote in federal, state and territory elections and at a referendum;

•

to serve on a jury if called on to do so; and

•

to defend Australia should the need arise (subject to the same rights and exemptions as Australian-born citizens).

3.2.2 Policy Changes On 1 October 2007, changes were made to the Australian Citizenship Act 2007 (The Act) and the Australian Citizenship Regulations 2007 (the regulations) to give effect to a citizenship test. The changes provide that:

•

applicants for citizenship by conferral under the general eligibility criteria need to successfully complete a test before making an application for citizenship. Successful completion of a test is the only way most applicants aged 18 and under 60 years of age can demonstrate that they satisfy certain legislative requirements for the conferral of citizenship. These requirements include understanding the nature of the application, having a basic knowledge of the English language and an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship;

•

the application fee for people required to sit the test is $240 which includes a component that relates to the costs of a person sitting a test; and

•

personal identifiers can be collected and used to identify a person seeking to sit a citizenship test.

A number of amendments to the Act and the Australian Citizenship (Transitionals & Consequentials) Act 2007 (the T&C Act) have been made. They include: •

Amending the T&C Act to make clear that residence discretions relating to administrative error, significant hardship or disadvantage and interdependent relationship apply to people who acquired permanent residence before 1 July 2007 and applications made before 1 July 2007.

•

Amending the Act to include a definition of stateless person, as defined in article 1(2)(iii) of the Stateless Persons Convention of 1954. The definition

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provides that a person to whom there are serious reasons for considering they have committed a crime against peace, a war crime, or a crime against humanity, have committed a serious non-political crime or have been guilty of acts contrary to the purposes and principles of the United Nations, are not a ‘stateless person’. •

Amending citizenship by descent provisions to remove the good character requirement for stateless people. If an applicant for citizenship by descent has ever been a national or citizen of any country, or is not a ‘stateless person’ under article 1(2)(iii) of the Stateless Person Convention of 1954, and aged over 18, they must meet the good character requirement.

•

Amending the Act to require people who applied for conferral of citizenship under general eligibility, permanent physical or mental incapacity, persons aged 60 or over or people who have hearing, speech or sight impairment to be permanent residents at the time of application and time of decision.

•

Amending the Act to limit the legal requirement to be of good character to persons aged 18 years and over, to enable consistency in the Act for people who are the children of former Australian citizens.

•

Amending the Minister’s discretion contained in the Act to refuse an application for citizenship by conferral, despite the person being eligible for citizenship, by removing the discretion in relation to a stateless person born in Australia. This will ensure consistency with Australia’s obligations under the United Nations Convention on the Reduction of Statelessness 1961 (the CRS) and with the old Citizenship Act, which had no such discretion.

•

Amending revocation provisions contained in the Act to ensure revocation of a person’s Australian citizenship cannot occur if the person has only been convicted of a serious offence and would be rendered stateless, to achieve consistency with the CRS and the old Citizenship Act.

3.2.3 Promotion of Australian Citizenship Promotion of Australian citizenship aims to:

•

promote the acquisition of Australian citizenship among eligible non-citizens;

•

enhance the profile and significance of Australian citizenship in the wider community; and

•

emphasise that becoming a citizen demonstrates a commitment to Australia and enables full participation in the community.

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Promotion of Australian citizenship continued through public relations activities throughout the year. Key highlights included special citizenship ceremonies to mark the introduction of the new Act on 1 July 2007, Citizenship Day on 17 September 2007, Australia Day 2008 and Refugee Week from 15–21 June 2008. A public information campaign to inform the Australian community about the new citizenship test was launched. The department continued its partnership with the National Australia Day Council to promote the value of Australian citizenship through sponsorship of Australia’s Local Hero Award as part of the Australian of the Year Awards, and promotion of the Australian citizenship affirmation. Schools throughout Australia are actively engaged in learning the value of, and celebrating, citizenship. Educational resource packages containing information and activities regarding Australian citizenship, for both primary and secondary students, were distributed to all schools across Australia in 2007. The resource package assists in increasing awareness of Australian citizenship among students and the general community. Citizenship applications and conferral For the financial year 1 July 2007 to 30 June 2008, 116 831 decisions on citizenship status were made. Of those, 107 662 people were approved as Australian citizens by conferral, descent and resumption during the financial year. Of this number, 92 601 were citizens by conferral, which is a 39.8 per cent decrease compared to 2006–07. This is an expected downturn following record numbers in 2006–07. It is anticipated that application numbers will steadily increase during 2008–09. Australia Day 2008 saw more than 14 000 people from 114 countries become Australian citizens at 321 ceremonies across the nation, including a ‘mega ceremony’ in Western Australia where 1 313 new citizens were personally conferred by the Minister for Immigration and Citizenship. In 2007–08, 101 787 decisions were made on applications for citizenship by conferral. The overall approval rate of applications for grant remained steady at 91 per cent in 2007–08. A total of 85 per cent of applications were decided within 90 days, an increase on the rate of 68 per cent in 2006–07 with 23 per cent decided on the day of lodgement.

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3.2.4 Citizenship Test The first Australian citizenship test was undertaken on 1 October 2007. Most applicants for conferral of citizenship who are aged between 18 and 60 are now required to complete a citizenship test successfully before making an application. The test questions are based on the contents of a resource book, Becoming an Australian citizen, which has been translated into 29 languages. The test is computer-based, and comprises 20 multiple choice questions drawn randomly from a larger bank of questions. To pass, the applicant must answer at least 12 out of 20 questions correctly, including three mandatory questions on the responsibilities and privileges of citizenship. Assisted tests are available for certain applicants with low levels of literacy in English, or with a physical or cognitive impairment. Tests are available in every departmental office in Australia and at overseas posts as well as 30 Medicare and four Centrelink offices around regional Australia, to which departmental officers travel to administer the test. Funding of $13.9 million over four years has been provided to implement a Citizenship Support Grants Program to help applicants to prepare for the Australian citizenship test. The program will provide funding for 33 community-based organisations across Australia, and deliver a range of services in 2008–09 on a pilot basis. Test outcomes The Minister agreed to make citizenship test outcomes public. Outcomes of the test are monitored and reported with a quarterly snapshot report published and available on the department’s website. Between 1 October 2007 and 30 June 2008: •

48 713 clients sat the Australian citizenship test;

•

46 500 of these clients (or 95.5 per cent) passed the test on their first or subsequent attempt;

•

the department administered 59 185 tests to these clients, including re-sits where the client did not pass the test on their first attempt;

•

on average there are 1.2 tests administered per client;

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•

clients who came to Australia under the Skill Stream of the Migration Program accounted for 48 per cent of all test participants. A total of 99 per cent of these clients have passed the test on their first or subsequent attempt;

•

clients who came to Australia under the Family Stream of the Migration Program accounted for 22 per cent of all test participants. 92 per cent of these clients have passed the test on their first or subsequent attempt;

•

clients who came to Australia under the Humanitarian Program accounted for 11 per cent of all test participants. 82 per cent of these clients have passed the test on their first or subsequent attempt; and

•

the top ten countries of birth for clients who sat the test are the United Kingdom, China, India, Iraq, South Africa, New Zealand, the Philippines, Afghanistan, Sri Lanka and Sudan.

Country of birth analysis As at 30 June 2008, clients born in more than 172 countries have sat the test. The top ten former countries of birth of people who acquired citizenship by grant is shown in the table below. Table 3.3 - Australian Citizenship Grants 2007-08 : Top 10 Countries of Birth Country of birth

Total

Percent of Total

Pass

Fail

United Kingdom People’s Republic of China*

7 929 5 041

16.3 10.3

7 862 4 892

67 149

India

4 699

9.6

4 652

Iraq

1 917

3.9

1 573

344

South Africa

1 912

3.9

1 906

Philippines

1 619

3.3

1 574

New Zealand

1 596

3.3

1 567

Sri Lanka

1 143

2.3

1 115

Afghanistan

1 089

2.2

872

217

Sudan Other countries Total clients * includes Hong Kong & Macau

980

2.0

757

223

20 788

42.7

19 730

1 058

48 713

100.0

46 500

2 21

Citizenship test review On 28 April 2008 the Minister announced the commencement of the citizenship test review, as well as announcing the seven members of an independent citizenship test review committee chaired by Mr Richard Woolcott AC, former diplomat and secretary of the Department of Foreign Affairs and Trade. The review was commissioned to examine the operation of the citizenship test after six months experience and looked at ways to improve its operation and effectiveness as the pathway for residents to become Australian citizens. The review examined all aspects of the content and operation of the citizenship test, the experiences of applicants, the impact on citizenship applications and other related issues.

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The review committeeâ&#x20AC;&#x2122;s report is being considered by the Government. The report will be accessible on the review website: www.citizenshiptestreview.gov.au following public release.

4 IMMIGRANTS IN THE LABOUR MARKET 4.1 Migrant Employment In August 2008, the Australian labour force totalled 11 104 300 people, of which 8 161 600 were Australia-born and 2 942 700 overseas-born. Of the overseas-born, 1 752 500 were from non-English speaking countries (NESC) and 1 190 200 were from main English speaking countries (MESC).

Table 4.1 â&#x20AC;&#x201C; Labour Force Status : Birthplace and Gender Employed

Unemployed

Not in Labour Force

Employed

Unemployed

Participation Rate

Australian born males Australian born females

4 263 400 3 594 500

153 300 150 500

1 507 900 2 296 500

72.0% 59.5%

3.5% 4.0%

74.5% 62.0%

Australian born

7 857 900

303 700

3 804 400

65.7%

3.7%

68.2%

MESC born males

653 400

17 800

22 500

72.9%

2.7%

74.9%

MESC born females

501 300

17 700

337 700

58.5%

3.5%

60.6%

1 154 700

35 500

562 800

65.9%

3.0%

67.9%

MESC born NESC born males

938 800

47 400

546 600

61.2%

4.8%

64.3%

72 200

44.300

813 700

45.7%

5.8%

48.5%

NESC born

1 660 800

91 700

1 360 300

53.4%

5.2%

56.3%

Total

10 673400

431 000

5 727 500

63.4%

3.9%

64.6%

NESC born females

The Australia-born and migrants from MESC are more strongly represented in the workforce than migrants from NESC, with participation rates of 68.2 per cent and 67.9 per cent respectively compared with just 56.3 per cent for NESC migrants. Participation rates for NESC females were particularly low at just 48.5 per cent.

Australia-born and MESC migrants are more likely to be employed as well. Some 65.7 per cent of Australia-born and 65.9 per cent of MESC born were employed, compared with only 53.4 per cent for NESC born.

Australia-born persons are predominantly employed as professionals (19.2 per cent) followed by intermediate clerical and service workers (16.9 per cent), tradespersons and related workers (13.2 per cent) and associate professionals (12.5 per cent). MESC-born migrants are more likely than Australia born to be employed as professionals (24.3 per cent) and less likely to be employed as intermediate sales and service workers (14.9 per cent) than the Australia-born. Compared with the Australia-born, NESC-born

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migrants are more likely to be employed as professionals (22.0 per cent), associate professionals (13.1 per cent), and labourers and related workers (11.5 per cent). NESCborn migrants are also less likely to be employed as intermediate clerical and service workers (15.4 per cent) or tradespersons and related workers (10.6 per cent) than Australian-born workers.

Table 4.2 – Occupation : Birthplace Occupation

Australia-born

Managers and Administrators Professionals

MESC-born

NESC-born

Overall

9.0%

10.5%

6.1%

8.7%

19.2%

24.3%

22.0%

20.2%

Associate Professionals

12.5%

13.4%

13.1%

12.7%

Tradespersons and Related Workers

13.2%

12.8%

10.6%

12.7%

3.7%

4.0%

2.4%

3.5%

Advanced Clerical and Service Workers Intermediate Clerical, Sales and Service Workers

16.9%

14.9%

15.2%

16.4%

Intermediate Production and Transport Workers

8.4%

7.3%

10.1%

8.5%

Elementary Clerical, Sales and Service Workers

9.2%

6.5%

9.0%

8.9%

Labourers and Related Workers

7.9%

6.2%

11.5%

8.3%

100.0%

Total Source – unpublished labour force data , ABS Aug 2008

Table 4.3 – Industry : Birthplace Industry

Australia-born

MESC-born

NESC-born

Overall

Agriculture, Forestry and Fishing

4.0%

1.9%

1.5%

3.4%

Mining

1.7%

1.8%

0.8%

1.6%

Manufacturing

9.0%

11.5%

14.4%

10.1%

Electricity, Gas and Water Supply

0.9%

1.0%

0.8%

0.9%

Construction

9.5%

10.8%

6.5%

9.2%

Wholesale Trade

4.3%

4.0%

5.0%

4.4%

15.2%

11.5%

13.3%

14.5%

4.5%

4.2%

7.7%

4.9%

Retail Trade Accommodation, Cafes and Restaurants Transport and Storage

4.6%

4.2%

5.7%

4.7%

Communication Services

1.6%

1.7%

2.6%

1.8%

Finance and Insurance

3.7%

3.8%

4.3%

3.8%

11.4%

13.9%

12.9%

11.9%

Government Administration and Defence

5.0%

3.8%

3.5%

4.6%

Education

8.1%

6.9%

5.6%

7.6%

Health and Community Services

9.8%

12.5%

11.6%

10.4%

Cultural and Recreational Services

2.9%

2.8%

1.2%

2.6%

Personal and Other Services

3.9%

3.6%

2.6%

3.7%

Total 100.0% Source – unpublished labour force data , ABS Aug 2008

100.0%

Property and Business Services

Data on industry show that those born in MESC and NESC countries are overrepresented in property and business services and manufacturing. In addition the NESC-born are also over-represented in the accommodation, café and restaurant , transport and storage and communication industries.

The overseas-born are under-represented in the agriculture, forestry and fishing, retail trade, education and government administration and defence industries. The NESC-born

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are also under-represented in mining, construction, cultural and recreational services and personal and other services industries. 4.2 Migrant Unemployment Migrants (i.e. those entering under all the different migration streams including humanitarian and family reunion) in general initially experience higher rates of unemployment than the Australia-born. Reasons for this are complex and often differ between birthplace groups. The major factors include English language proficiency, age, skill levels, qualifications, migration category and duration of residence in Australia.

As at August 2008, Australia’s overall unemployment rate was 3.9 per cent. Persons born overseas had a slightly higher unemployment rate of 4.3 per cent compared with 3.7 per cent for the Australia-born. MESC migrants however had an unemployment rate of only 3.0 per cent which was lower than both NESC migrants (5.2 per cent) and the Australia-born (3.7 per cent).

4.3 Longitudinal Survey of Immigrants to Australia (LSIA)

The LSIA is made up of three surveys. LSIA 1 was a survey of 5 192 Principal Applicants and their families who arrived between September 1993 and August 1995. Participants in LSIA 1 were interviewed three times. The first wave of interviews took place approximately six months after arrival, the second wave approximately eighteen months after arrival and the final wave about three and a half years after arrival.

LSIA 2 was a survey of 3 124 Principal Applicants and their families who arrived between September 1999 and August 2000. Participants in LSIA 2 were interviewed twice. The first wave of interviews took place approximately six months after arrival and the final wave approximately eighteen months after arrival. Although it shared the same broad aims as the LSIA 1, the LSIA 2 has the additional purpose of analysing the effects of changes to migration policy that have occurred since 1996.

LSIA 3 is a survey of 9 865 Principal Applicants and their families who either:

arrived in Australia between December 2004 and March 2005; or

were granted their visa onshore between December 2004 and March 2005.

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Participants in LSIA 3 were surveyed twice. The first survey wave occurred approximately six months after arrival/grant of visa. The second survey wave occurred 12 months later. Apart from the inclusion of onshore migrants there are other important differences between the LSIA 3 and earlier LSIAs. Most importantly, the LSIA 3 does not include Humanitarian migrants and only collects information from Principal Applicants. The surveys show more recent cohorts of migrants are doing better and that outcomes improve over time. Migrants in LSIA 3 had lower unemployment rates and a greater proportion in employment compared with previous LSIAs. Furthermore, real earnings, adjusted for changes in the cost of living, were also higher in LISIA 3. Table 4.4a – LSIA 1, 2 and 3 Principal Applicants : Unemployment Rates Stream

Period After Arrival LSIA 1 (%)

LSIA 2 (%)

LSIA 3 (%)

6 mths

18 mths

6 mths

18 mths

6 mths

18 mths

Family

Skilled

Humanitarian

n/a

Table 4.4b – LSIA 1, 2 and 3 – Participation Rates of Principal Applicants Period After Arrival Stream

LSIA 1 (%)

LSIA 2 (%)

LSIA 3 (%)

6 mths

18 mths

6 mths

18 mths

6 mths

18 mths

Family

Skilled

Humanitarian

n/a

Figure 4.5 – LSIA 1, 2 and 3 Employed Principal Applicants : Median Earnings 50000

47000 42730 39671

40000

37000 31789

30000

29045

20000

10000

0 LSIA 1

LSIA 2 Family

LSIA 3

Skilled

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4.4 Labour Force Status and Other Characteristics of Recent Migrants This survey which was conducted in November 2007 collected information on migrants who had been in Australia for 10 years or less.

The survey showed that 68 per cent of these recent migrants were employed, compared to 66 per cent of those born in Australia, and that 77 per cent of employed recent migrants were in full-time work.

Consistent with the LSIA, this survey also showed that recent migrants with skilled visas were more likely to be employed than those with family visas, with 76 per cent of skilled migrants being employed compared to just 58 per cent of family migrants.

Of the recent migrants who had a job at some time since arriving in Australia, 36 per cent reported having experienced difficulty finding their first job. The most commonly reported difficulties were a lack of Australian work experience or references (56 per cent), language difficulties (35 per cent) and having a lack of local contacts and networks (29 per cent).

4.5 Labour market Outcomes for the Children of Migrants

According to Australiaâ&#x20AC;&#x2122;s 2006 Census of Population and Housing, there were 1 586 388 Australian-born children of migrants (ABCMs) aged 15 and over. This represents 10 per cent of Australiaâ&#x20AC;&#x2122;s population aged 15 and over.

As can be seen from table 4.5 below, labour market outcomes for ABCMs are superior to that of the general population. For example 67 per cent of female ABCMs are participating in the labour market, compared with just 58 per cent of females from the general population. Similarly, 79 per cent of male ABCMs are in the labour market compared with just 72 per cent of males from the general population.

This figure also shows that labour market outcomes for ABCMs and for the population in general also improve with higher levels of education attainment. For example, among university qualified male ABCMs, the unemployment rate and participation rate was 2 per cent and 93 per cent respectively. In comparison, male ABCMs not completing school had an unemployment rate and participation rate of 9 per cent and 63 per cent respectively.

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Table 4.6 – Labour Market Outcomes of Australian-born Children of Migrants and the General Population : Gender and Education Attainment General Population Unemployment Rate Females

Males

Australian born - parents born overseas Participation Rate

Unemployment Rate

Participation Rate

Bachelor (Pass) Degree or higher

2.7%

80%

1.9%

86%

Certificate or Diploma

4.4%

73%

4.1%

78%

Year 12

5.9%

65%

5.6%

71%

Did not finish school

7.6%

43%

7.2%

49%

Other

5.9%

40%

5.4%

51%

Total

5.3%

58%

4.7%

67%

Bachelor (Pass) Degree or higher

2.8%

87%

2.2%

93%

Certificate or Diploma

3.3%

79%

3.2%

88%

Year 12

6.1%

77%

6.5%

80%

Did not finish school

8.6%

59%

9.0%

63%

Other

6.7%

51%

6.5%

62%

Total

5.2%

72%

5.0%

79%

4.6 Employment of Overseas Students On 26 April 2008, Australia introduced streamlined student visa processing arrangements for International Students. Prior to 26 April 2008, students were granted their initial student visa with a “no work” condition attached. Upon the commencement of their course the student and any dependent family members had to apply for a further permission to work (PTW) visa with a charge of $60(AUD) that allowed them to work. From 26 April 2008 international students were given work rights when granted their initial Student visa. The aim of this initiative is to simplify Student visa processing and reduce the amount of interaction a client has to have with the department. Overseas students are required, as a condition of their visa, to study full-time and there are strict requirements relating to class attendance and academic performance. The hours students may work are limited to 20 hours a week while their course is in session to ensure they undertake the studies for which their visa was granted. This work limitation does not include work that is a registered component of a student’s course. The number of hours a student may work during course breaks is not restricted. The type of employment a student may obtain is limited only for government and defence jobs where Australian citizenship is required. Students and their employers must comply with any relevant employment laws. There are a number of ways in which recently-graduated overseas students can access the Australian labour market on completion of their studies. If they meet the

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requirements for skilled migration, they can apply onshore for permanent residence. To be eligible under one of the General Skilled Migration visa categories, they must have completed a degree, diploma or trade qualification for award by an Australian educational institution as a result of at least two years study in Australia and meet certain other requirements. They may also apply for a Skilled Regional Sponsored visa which has a slightly lower pass mark and requires the applicant to live in a regional or low-population growth area for two years and work in a regional or low-population growth area for at least 12 months before becoming eligible to apply for permanent residence. Alternatively, students who have completed a qualification at diploma level or higher may be sponsored for permanent migration under the Employer Nomination Scheme if the prospective employer has been unable to fill the position from within the Australian labour market. In order to meet the requirements for this visa, students must normally have previous qualifications and relevant work experience in addition to those qualifications they have just completed. There are also a number of other employer- or government-sponsored visas for which they may be eligible. Suitably qualified students may remain in Australia for up to four years to take up a nominated position with an approved sponsoring employer under the Temporary Business (Long Stay) visa category.

5 IRREGULAR MIGRATION AND THE EMPLOYMENT OF FOREIGNERS IN IRREGULAR SITUATIONS 5.1 Overview Only Australian citizens, permanent residents of Australia and New Zealand citizens are allowed to stay and work in Australia without restriction. All foreign nationals who want to travel to and stay in Australia must obtain visas before arriving. If they wish to work in Australia, the visa they obtain must give them the authority to work. People who work in Australia without immigration authority, or who do not comply with any work condition attached to their visas, for example by working more hours than their visa allows, are breaking Australian law. People who are found to be working illegally may have their visas cancelled and be required to leave Australia.

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5.2 Estimated Numbers of Illegal Workers In 2007-08, DIAC located 1 478 foreign citizens working illegally in Australia (73 per cent male, 27 per cent female) and issued an estimated 750 Illegal Worker Warning Notices to employers. Visitors, temporary residents and students who arrived in Australia legally but did not depart before the expiry of their visas are the bulk of illegal workers in Australia. This group is collectively referred to as 'overstayers'. As at 30 June 2008, there were an estimated 48 500 overstayers in Australia. It is considered that a large percentage of overstayers may work illegally in Australia. The number is not possible to quantify as not all overstayers located by DIAC admit to working illegally and it is not always possible to confirm they have been working at the time they are located. Table 5.1 – Located Illegal Workers 2007-08 : Top Ten Nationalities Country of Citizenship

Male

Female

Malaysia

311

121

Total 432

People’s Republic of China

134

177

Indonesia

102

United Kingdom

Vietnam

India

Philippines

Thailand

Korea, Republic of (South)

Republic of Ireland

5.3 Problems Created by Illegal Workers Illegal work in Australia remains a significant problem. It is inherently associated with cash economy industries which are characterised by abuses of taxation, employment and welfare laws and which expose workers to exploitation. Illegal work undermines efforts to build a strong, secure and fair economy and creates a number of problems within the Australian community. For example, it: •

places an additional burden on the taxpayer in terms of costs associated with locating and removing illegal workers, uncollected taxes and fraudulently claimed government benefits;

•

disadvantages employers who employ legal workers because they may not be able to compete with the lower overheads of those who employ and under-pay illegal workers;

•

denies Australian citizens and permanent residents the opportunity to gain employment;

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•

may including people who have not met the more stringent health and character checks undertaken by holders of work visa; and

•

may subject people to exploitation and organised criminal activity.

In addition, employers face disruption to their businesses if they are found to be employing illegal workers, and they incur increased costs associated with finding and training substitute employees. Illegal work is concentrated on the whole in unskilled and semi-skilled jobs. The six industries where the largest number of illegal workers were identified are set out in the following table. Table 5.2 – Top six industries with the largest number of illegal workers Industry

Total

Agriculture, Forestry and Fishing

587

Accommodation, Cafes and Restaurants

235

Construction

150

Manufacturing

101

Retail Trade

Personal and Other Services (Sex Industry)

5.4 Measures to Reduce Illegal Workers It is a criminal offence to knowingly or recklessly allow a worker to work, or refer a worker for work, where that person is either illegally in Australia or is working in breach of their visa conditions. People convicted face fines of up to $13 200 and two years imprisonment, while companies face fines of up to $66 000 per illegal worker. Penalties are even higher in cases of exploitation through slavery, forced labour or sexual servitude. The maximum penalties are five years’ imprisonment and fines up to $33 000 for individuals and $165 000 per illegal worker for companies. DIAC continues to implement and explore visa options for employers that provide a lawful alternative to employing illegal workers. In August 2008 the Minister for Agriculture, Fisheries and Forestry announced a three year pilot Pacific Seasonal Worker Scheme. The pilot scheme will provide farmers with a source of lawful workers and limit disruption caused by the removal of illegal workers. DIAC actively works with employers and industry associations to ensure they understand their obligations and to promote the use of departmental services to check the work entitlements of potential employees. Services include:

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Visa Entitlement Verification Online (VEVO): This is a free internet-based system which allows online checking by employers who are pre-registered to use the service. Fax Back: This service allows employers to send a fax seeking information about a job applicantâ&#x20AC;&#x2122;s entitlement to work. These services have been actively promoted since the Employer Sanctions legislation came into effect in August 2007 as the means by which employers can check if potential migrant employees are entitled to work in Australia. The number of employers using these services continues to increase. In the 2007-2008 program year, 5 636 organisations registered for the VEVO service compared to 2 832 in 2006-2007. The number of VEVO checks being made has also increased dramatically. In 2007-2008 more than 245 000 visa work entitlement checks were made.

6 ASSISTING THE SETTLEMENT OF MIGRANTS 6.1 Overview The Australian Government recognises the valuable contribution migrants and humanitarian entrants have made to our society and it is committed to helping new arrivals participate in the community as soon as possible after arrival. Australiaâ&#x20AC;&#x2122;s settlement services focus on building self-reliance, developing English language skills and fostering links with mainstream services. 6.2 Refugee Resettlement Advisory Council The Australian Governmentâ&#x20AC;&#x2122;s Refugee Resettlement Advisory Council (RRAC), established in 1997, was re-appointed for a fifth term from March 2008 to June 2010. Council members are appointed on the basis of their individual expertise and commitment to settlement issues. All members bring a wide range of experiences to the council, either as former refugees themselves or by working directly with refugees and migrants during the settlement period. The RRAC has an ongoing dialogue with both the Minister for Immigration and Citizenship, and the Parliamentary Secretary for Multicultural Affairs and Settlement Services. The new Council continues to provide high-quality policy advice and input on the settlement of newly-arrived humanitarian entrants and migrants. Among other

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activities, the RRAC recently provided input to the deliberations of the Citizenship Test Review Committee. 6.3 Settlement Information The Living in Australia web pages at www.immi.gov.au/living-in-australia, provide information designed to improve the settlement experience for new migrants, as well as increasing awareness of diversity in our community. The website is aimed at several client groups including: • prospective migrants; • newly-arrived migrants and sponsors of migrants; • providers of settlement services; • community organisations; • Australian citizens and residents seeking citizenship; and • researchers. The topics that can be accessed include: • Adult Migrant English Program (AMEP); • Translating and Interpreting Service National (TIS National); • Settlement Grants Program (SGP); • Settlement Reporting; • National Action Plan; and • Link to the Australian Citizenship website : www.citizenship.gov.au The Beginning a Life in Australia booklets at www.immi.gov.au/living-in-australia/settlein-australia/beginning-life/index.htm provide useful information for newly arrived migrants and humanitarian entrants that can assist them with their settlement needs, including what new arrivals should do as soon as possible after arrival. The booklets are updated once a year and are available in English and in 37 community languages. Different information is provided for people settling in each of Australia’s states and territories. 6.4 Settlement Planning The National Framework for Settlement Planning published in March 2006 provides a strategic and coordinated national approach to planning for the arrival of migrants and humanitarian entrants.

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The Framework is underpinned by a needs-based planning approach that allows flexibility in responding to changing caseloads and settlement needs. The approach includes an ongoing process of information gathering and analysis that identifies priority settlement needs for arrivals across Australia. The Australian Government has been seeking to increase regional settlement of humanitarian entrants. This is in recognition that regional settlement can provide good settlement prospects for some humanitarian entrants, particularly those who come from a rural background or who have skills suited to finding employment in those areas. Receiving towns can also benefit from an increased population and workforce and greater cultural diversity. Regional settlement is undertaken in a targeted and coordinated manner. Activities are directed by the processes set out in the Framework and through a regional settlement protocol that outlines the steps to be taken in establishing new regional locations. Through this coordinated approach, direct regional settlement commenced in Shepparton, Victoria, in late 2005 and in Mount Gambier, South Australia and Ballarat, Victoria, in 2007. 6.5 Integrated Humanitarian Settlement Strategy The Integrated Humanitarian Settlement Strategy (IHSS) provides initial, intensive settlement assistance to humanitarian entrants for up to 12 months after arrival in Australia. The IHSS aims to provide entrants with skills and tools to successfully integrate into Australian society. IHSS services help entrants to regain a sense of safety and security and to participate in the Australian community by providing culturally sensitive settlement assistance with minimum intrusion into entrants’ lives. It is important that the settlement support offered to entrants does not encourage dependency, but rather values and builds on an individual’s resourcefulness. Settlement services provided through the IHSS include: •

on arrival reception and assistance;

•

short-term accommodation (including free rent and utility period);

•

case coordination, information and referral – link entrant into mainstream services;

•

assistance sourcing and securing long-term accommodation;

•

package of basic household goods;

•

orientation into the local community and religious groups (where required); and

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•

short-term torture and trauma counselling.

DIAC contracts out the provision of IHSS services to 16 service providers, across 20 separate contract regions. Services are delivered in all Australian states and territories. Under an integrated case management approach an entrant’s needs are assessed and services are delivered according to that need. Volunteer groups play a key role in assisting service providers and offering entrants friendship and social support. On 1 January 2008 the Australian Government’s income support agency, Centrelink, extended eligibility to its crisis payment to include humanitarian entrants. The changes mean that entrants can access income immediately upon registration with Centrelink (usually done within two days of arriving). Crisis payment is equivalent to one week’s basic Centrelink payment or benefit (excluding add-ons such as rent assistance). Humanitarian entrants may also apply to have part of their first instalment of pension or benefit paid early under the provisions of a “hardship advance”. In March 2008, the department extended in-kind support under the IHSS. The increased assistance now covers full rent, utility and reasonable transport costs for refugee entrants and eligible Special Humanitarian Program (SHP) entrants for the first four weeks after arrival. The changes provide entrants with an opportunity to meet their immediate settlement needs before having to worry about juggling finances including paying rent, utility and transport costs. 6.6 Settlement Grants Program The aim of the Settlement Grants Program (SGP) is to deliver services which assist eligible clients to become self-reliant and participate equitably in Australian society as soon as possible after arrival. SGP services equip participants with the life skills and knowledge required to settle in Australia successfully. It also helps participants to understand the laws of the country and navigate and interact with mainstream services and agencies. The SGP funds organisations to implement projects that: •

assist new arrivals to orient themselves to their new community;

•

help new communities to develop; and

•

promote social participation and integration.

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The SGP target group comprises permanent residents who have arrived in Australia during the last five years as: •

humanitarian entrants;

•

family stream migrants with low levels of English proficiency; and

•

dependants of skilled migrants with low levels of English proficiency who have settled in rural or regional areas.

Also included in the target group are: •

selected temporary residents including Prospective Marriage, Spouse (Provisional) and Interdependency (Provisional) visa holders and their dependents in rural and regional areas who have arrived in the last five years and who have low levels of English proficiency; and

•

communities which require assistance to develop their capacity to organise, plan and advocate for services to meet their own needs, whilst still receiving significant numbers of new arrivals.

Funding priorities for the SGP are informed by the annual assessment of settlement needs at the national, state, territory and regional level. This approach ensures that SGP services are targeted towards those communities and locations in greatest need of settlement assistance. The SGP seeks to fund innovative projects to meet the changing needs of clients. In recent years, new areas of focus for the SGP have included driver education and support for entrepreneurship. In 2009-10 the government has allocated $34 million to the SGP. Funding is awarded on a project basis; offered for periods of one, two or three years. 6.7 Helping Young Migrants and Migrant Women Access the Labour Market Many SGP funded projects aim to support the development and inclusion of women in the broader Australian community. One such project funded in 2008-09 aims to provide Muslim women and their families with the skills and confidence to settle successfully in Australia. The project will foster self reliance through casework, group information and referral services for Muslim women. Community development will be achieved through activities including a mentoring activity to encourage participants to engage with the wider community. Integration activities will focus on employment barriers and making linkages to mainstream employment and training providers.

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6.8 Adult Migrant English Program The Australian Government considers learning English to be one of the most important steps towards successful settlement in Australia. English language tuition is provided under the Adult Migrant English Program (AMEP) for migrants and humanitarian entrants who do not have functional English. Eligible adult permanent migrants have a legislative entitlement of up to 510 hours of tuition. Depending on circumstances, humanitarian entrants with special needs (difficult pre-migration experiences such as torture or trauma, or low levels of formal schooling) may be eligible for additional hours of tuition in a tailored, supportive environment. The AMEP is designed to provide clients with basic language skills to assist them to settle successfully in Australia, and offers a number of learning options to suit a range of circumstances. These include full-time classes, part-time courses and home study through a distance learning program or with the help of a home tutor. AMEP service providers offer free childcare during classroom tuition for clients with children under school age. The program design, combining English language tuition with practical subject matter, introduces clients to life in Australia while providing pathways to various settlement outcomes including social inclusion and contribution, future study and employment training. The AMEP provides for clients from a range of backgrounds, experiences and skill sets. Course structure supports clients with no history of formal classroom tuition and written illiteracy in their first language, through to those with tertiary education who require English language skills to enable use of their qualification in Australia. In 2007-08, English language tuition was provided to 50 432 clients via one or more of the AMEP's various modes of learning at a cost of $157.8 million. The Department of Education, Employment and Workplace Relations also administer English language tuition programs including the Language Literacy and Numeracy Program and the Workplace English Language Literacy Program. See section 8.2 for more information relating to new migrants.

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6.9 Translating and Interpreting Services The Australian Government provides access to translating and interpreting for people who do not speak English and for English speakers needing to communicate with them on a fee-for-service basis. The Translating and Interpreting Service (TIS) National has access to over 1300 interpreters speaking over 130 languages. Services are available 24-hours-a-day, 7-days-a-week via telephone or on-site anywhere in Australia. The objective of this service is to facilitate full participation of migrants from non-Englishspeaking backgrounds in Australia's social and economic life by providing an effective means of communication. The Australian Government also provides free translating and interpreting services to approved individuals and community organisations. Free interpreting services are provided to enable communication between non-English-speaking migrants and humanitarian entrants who are Australian citizens or permanent residents, and the following approved individuals and organisations:

• non-profit, non-government, community-based organisations for case work and settlement-related services where the organisation does not receive government funding to provide these services;

• Members of Parliament for constituency purposes; • local government authorities about residential issues such as rates, garbage collection, and urban services;

• trade unions for members’ enquiries; and • Emergency Management Australia. Medical practitioners in private practice providing Medicare rebate-able services (that is, medical services which the Australian Government funds or partially funds) can access an interpreter through the Doctors Priority Line, 24 hours a day, 7 days a week, for the cost of a local call. Permanent residents from non-English speaking backgrounds, and eligible returning Australian citizens who have arrived in Australia in the past two years are also eligible for free extract translations into English of certain personal documents necessary for their settlement in Australia. In 2007 a pilot project to extend access to free telephone interpreting services for 331 participating pharmacists was initiated in cooperation with the Pharmacy Guild of

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Australia. Following the conclusion of the pilot, an evaluation was undertaken of the merits of extending the service on an on-going basis with a view to permanent expansion of the service. Interpreters in new and emerging languages are critical to recent arrivals accessing services in Australia. Due to the changing nature of the Humanitarian Program, the Australian Government is continually encouraging and recruiting interpreters in new and emerging languages. In 2007-08, TIS National recruited 159 interpreters, speaking 85 languages and dialects, 52 of which were new and emerging languages. In 2007-08 the National Accreditation Authority for Translators and Interpreters (NAATI) commenced a project to promote interpreting as a profession. It aims to prepare participants for accreditation testing and provide assistance with associated fees, with a view to increase the availability of interpreters in new and emerging languages and languages where there are continuing shortages. 6.10 Recent Settlement Initiatives Complex Case Support A new development within the IHSS is the introduction of Complex Case Support (CCS) services. CCS is currently being introduced across Australia and will deliver specialised and intensive case management to recently resettled refugees and other humanitarian entrants with difficult and unique needs, relating to their personal circumstances. The needs-based support will be provided to a small number of refugees, including women at risk and youth, where pre-migration experiences, such as severe torture and trauma or crisis events after arrival present significant barriers to their successful settlement and cannot be assisted by existing services. A panel of providers, known as the Humanitarian Services Panel, has been established to deliver CCS services. Members of the panel were selected based on their demonstrated experience in delivering case management services to humanitarian entrants. CCS services are being implemented via a staged roll-out, which commenced in August 2008, and will be fully operational nationally by December 2008. Review of the Adult Migrant English Program A comprehensive review of the Adult Migrant English Program (AMEP) is currently being undertaken, to ensure the program continues to meet the English language learning needs of clients. Many new arrivals are keen to take advantage of improved labour

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market conditions and need to learn English that will help them transition well into employment. Others, such as the elderly or parents with young children, want to develop the English language skills necessary to interact with the Australian community. Submissions received in response to the Review Discussion Paper indicate high support for pedagogical approaches that provide a natural pathway to employment, further training or settlement in Australia, as the client desires. Employment Pathways and Traineeships in English and Work Readiness measures In May 2008 the Australian Government announced funding of $49.2 million over four years for the Employment Pathways and Traineeships in English and Work Readiness measures. These programs will help migrants to learn English with an employment focus and develop pathways to work. Participating clients will gain exposure to workplace culture and practices and will undertake work experience. These measures will be delivered as part of the AMEP and are consistent with the expected directions of the Review. Pilots of the programs will commence in October 2008, with full implementation anticipated from July 2010.

‘I need an interpreter’ card In 2008 the Australian Government launched the ‘I need an interpreter’ card for use by non-English speakers who require interpreting assistance. The wallet sized card, featuring the National Interpreter Symbol, is designed to assist non-English speakers request an interpreter when they need to communicate with government agencies, community groups and businesses. Non-English speakers can simply show the card to advise that they need an interpreter. The cards are available free of charge to a variety of government agencies, community groups, and not-for profit agencies for distribution to their non-English speaker clients at a community level. 6.11 Social Integration Outcomes and Policies The Centre for Applied Research in Social Sciences has undertaken the first nation wide study into the impact of migration on Australian society. The project was overseen by a Joint Commonwealth, State, and Territory Research Advisory Committee chaired by the Department of Immigration and Citizenship. The research found that Australia is one of the most multicultural countries in the world. Around one quarter of the Australian population were born elsewhere and almost half

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have both parents born overseas. The main conclusion to be drawn from this study is that the social benefits of migration far outweigh the costs, especially in the longer term. The evidence that is available overwhelmingly supports the view that migrants to Australia have made and continue to make substantial contributions to Australiaâ&#x20AC;&#x2122;s stock of human, social and produced capital, that far outweigh any costs. Migration also contributes substantially to Australiaâ&#x20AC;&#x2122;s capacity for innovation, productive diversity and economic prosperity, opening up valuable cultural and business opportunities with the rest of the world. Progressively more employers have a global view of labour recruitment, recognising sponsored temporary skilled workers as essential for successful operations. The ability to attract migrants will probably be influenced by their perceptions about Australian society in general and the ease with which their re-settlement and acceptance can be accomplished. Our study concluded that to date, Australia has been a beacon to the rest of the world but more research into how local factors impact upon the success or otherwise of the settlement process warrants further research. To access more on the Social Costs and Benefits of Migration to Australia at: http://www.immi.gov.au/media/publications/research/social-costs-benefits/index.htm DIAC and the ABS are still in the early stages of developing integration indicators for the Wellbeing Report. The aim is to develop a set of indicators to measure outcomes relevant to Australia's cultural diversity and settlement policies. The National Migrant Statistics Unit at the ABS is currently undertaking the project in conjunction with DIAC. Previous analysis has highlighted gaps and limitations in available data. DIAC is seeking to progress the development of these indicators so that it can report on relevant outcomes for these policies and to help identify related issues in collaboration with other agencies.

7 ANTI-DISCRIMINATION AND DIVERSITY MEASURES 7.1 Anti-discrimination Legislation 7.1.1 Overview In Australia federal, state and territory anti-discrimination laws operate concurrently. At the federal level there are five principal pieces anti-discrimination legislation: â&#x20AC;˘

Age Discrimination Act 2004;

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•

Disability Discrimination Act 1992;

•

Sex Discrimination Act 1984;

•

Racial Discrimination Act 1975; and

•

Human Rights and Equal Opportunity Commission Act 1986.

These federal laws apply equally to employment of migrants. Of particular relevance to migrants are the Racial Discrimination Act and the Human Rights and Equal Opportunity Commission Act (see below for more detail). In addition, each state and territory of Australia has anti-discrimination legislation and anti-discrimination bodies and tribunals: •

New South Wales - Anti-Discrimination Act 1977, Anti-Discrimination Board of New South Wales and the Administrative Decisions Tribunal;

•

Victoria - Equal Opportunity Act 1995 and Racial and Religious Tolerance; Act 2001, the Victorian Equal Opportunity and Human Rights Commission and the Victorian Civil and Administrative Tribunal;

•

Queensland - Anti-Discrimination Act 1991, Anti-Discrimination Commission of Queensland and the Anti Discrimination Tribunal;

•

Western Australia - Equal Opportunity Act 1984, Western Australia Equal Opportunity Commission and the State Administrative Tribunal;

•

South Australia - Equal Opportunity Act 1984, South Australia Equal Opportunity Commission and the Equal Opportunity Tribunal;

•

Tasmania - Anti Discrimination Act 1998, Tasmanian Office of the Anti-Discrimination Commissioner and the Anti-Discrimination Tribunal;

•

Australian Capital Territory - Discrimination Act 1991, Australian Capital Territory Human Rights Commission and the Discrimination Tribunal; and

•

Northern Territory - Anti-Discrimination Act 1992 , the Northern Territory Anti-Discrimination Commission and the Local Court.

However, if a complaint of unlawful discrimination is lodged at the State or Territory level, it cannot be considered at the federal level. 7.1.2 Racial Discrimination Act 1975 The federal Racial Discrimination Act 1975 makes it unlawful to discriminate against any person by reason of that person’s race, colour, descent, or national or ethnic origin in the area of employment including advertising jobs, recruitment, the selection process, access to training, promotion opportunities, the terms and conditions of employment and

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the termination of employment. Exceptions to this prohibition include employment of a person on a ship or aircraft (not being an Australian ship or aircraft) if that person was engaged, or applied for that employment outside Australia, or an act in relation to employment in a dwelling-house or flat occupied by a person on whose behalf an act was done or by a relative of either of those persons. The prohibition applies to all employers - private and public (federal, State and Territory governments). The Racial Discrimination Act prohibits direct and indirect discrimination. An example of direct discrimination would be to refuse to promote a person on the basis of their race, colour, descent, nationality or ethnic origin. An example of indirect discrimination might be to make it a condition of employment that employees not wear head scarves or turbans, which applies to all employees equally but would impact on the rights of persons of a particular ethnic origin more than the rights of others. In order for indirect discrimination to exist, a person must require another person to comply with a condition or requirement that is not reasonable in the circumstances. For example, a requirement that English be spoken in the workplace might be indirectly discriminatory, if the employee can demonstrate that speaking English is not a requirement of the job and that is not reasonable in the circumstances. The question of what is reasonable in the circumstances depends on a range of objective factors, including, but not limited to, the reasons for imposing the requirement and the impact of the requirement on the person who claims to have been discriminated against. Under the Racial Discrimination Act, 'special measures' can be taken which provide a benefit to a particular group so that members of that group can secure adequate advancement and exercise and enjoy human rights on the same basis as others in the community. These 'special measures' are not considered to be unlawful discrimination for the purposes of the Racial Discrimination Act. Policies or programs aimed at advancing the rights of a particular migrant group with regards to employment such as targeted positions or employment services may be considered â&#x20AC;&#x2DC;special measuresâ&#x20AC;&#x2122;. 7.1.3 Human Rights and Equal Opportunity Commission Act 1986 The federal Human Rights and Equal Opportunity Commission Act 1986 creates the Australian Human Rights Commission (formerly the Human Rights and Equal Opportunity Commission) and gives it certain functions including inquiring into, and attempting to conciliating complaints made under the Racial Discrimination Act. Where a complaint is made, the Commission will first attempt conciliation. If the conciliation is

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unsuccessful the complainant may commence legal proceedings in the Federal Magistrates Court or the Federal Court. Under the Commission Act, the Australian Human Rights Commission also has the power to inquire into any act or practice of the Commonwealth that may be contrary to ‘any human right’ recognised under particular international instruments and to endeavour to effect settlement of the matter through conciliation. A person can make a complaint in writing to the Commission alleging a breach by the Commonwealth of such human rights. Part II, Division 4 of the Commission Act confers functions on the Commission in relation to equal opportunity in employment in pursuance of Australia’s international obligations under the Discrimination (Employment and Occupation) Convention 1958. The Convention prohibits discrimination in employment on the grounds of race, colour, sex, religion, political opinion, national extraction or social origin and other grounds specified by ratifying States. In 1989 Australia added the following grounds: age, medical record, criminal record, impairment, marital status, mental, intellectual or psychiatric disability, nationality, physical disability, sexual preference and trade union activity (Human Rights and Equal Opportunity Commission Regulations 1989). This prohibition only applies to an act done by, on behalf of or with the authority of the Commonwealth. The Commission has produced better practice guidelines for employers for recruitment and selection of employees to ensure requirements of anti-discrimination laws are met. These guidelines are available online at: http://www.hreoc.gov.au/info_for_employers/index.html The Commission has also developed a range of useful resources for use in Australian workplaces including the Good practice, good business CD-Rom and a range of fact sheets and brochures. Employers can use these resources as part of internal induction sessions, or as a useful starting point when developing internal policies in the workplace. The Commission has also established an electronic mailing list to keep employers informed about anti-discrimination and harassment issues. The Information for Employers Mailing List provides information on anti-discrimination and harassment initiatives undertaken by the Commission, information about initiatives undertaken by other peak bodies and regular updates on workplace related issues.

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7.1.4 Workplace Discrimination Legislation Discriminatory actions in the workplace that may attract remedies under the various Discrimination Acts include: •

refusal or failure to employ where work is available and the person is qualified;

•

the terms and conditions of employment offered or afforded;

•

access to opportunities for promotion or training; and

•

dismissal.

Employees who suffer discrimination are advised in the first instance to seek information and advice from HREOC and/or the relevant anti-discrimination agency in their state or territory. HREOC will generally attempt to conciliate a complaint of unlawful discrimination before the complaint can be referred to the courts. Workplace Relations legislation The Workplace Relations Act 1996 (WR Act) protects employees against discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin. Anti-discrimination measures in the WR Act include: •

the Act’s principal object, which includes helping to prevent and eliminate discrimination on a range of grounds, and assisting in giving effect to Australia’s international obligations in relation to labour standards;

•

a requirement for agencies to have regard to specific anti-discrimination principles in performing their functions;

•

a requirement that workplace agreements and awards not contain discriminatory terms, and provision for terms in awards and agreements that discriminate on the basis of sex to be removed; and

•

protection against termination of employment for discriminatory reasons (subject to some exceptions).

In addition the WR Act requires that: •

in the performance of its functions, the Australian Industrial Relations Commission (AIRC) must take account of the principles embodied in the Racial Discrimination Act, the Sex Discrimination Act, the Disability Discrimination Act and the Age Discrimination Act;

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•

in conducting the award modernisation process the AIRC must consider the need to help prevent and eliminate discrimination on a number of grounds, promote the principle of equal remuneration for work of equal value and consider the need to assist employees to balance their work and family responsibilities effectively;

•

the Australian Fair Pay Commission must take account of the principles embodied in the Racial Discrimination Act, the Sex Discrimination Act, the Disability Discrimination Act and the Age Discrimination Act; and

•

in performing his or her functions the Workplace Authority Director must have particular regard to the needs of workers in disadvantaged bargaining positions and the need to prevent and eliminate discrimination on a number of grounds.

Compliance with workplace relations legislation is provided by the Workplace Ombudsman. The Workplace Ombudsman ensures the protection and enforcement of the rights and obligations of all workers and employers under Commonwealth workplace laws. The Workplace Ombudsman, Office and Inspectors provide the following services to workers and employers in Australia: •

assist workers and employers to understand their rights and obligations under federal workplace law;

•

promote and monitor compliance with federal workplace law, including by providing assistance and advice and disseminating information;

•

investigate complaints or suspected contraventions of federal workplace law;

•

inquire into any act or practice that may be contrary to federal workplace law;

•

institute proceedings to enforce federal workplace law; and

•

represent workers who are, or might become, a party to proceedings under the WR Act.

All state and territory jurisdictions have their own anti-discrimination provisions similar to the federal system. In recent years, most states and territories have updated their antidiscrimination Acts to prohibit direct and indirect discrimination in a range of areas including employment, education, accommodation and the provision of goods and services on the basis of many attributes, including gender identity, industrial activity, HIV/AIDS status, religious belief or activity, breastfeeding, and sexual orientation. Proposed legislation and general protections including anti-discrimination provisions The Australian Government is delivering its election commitment to implement new workplace relations laws under their Forward with Fairness policy. The new system will

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create a fair and flexible workplace relations system that achieves the right balance between employers and employees. The proposed new workplace relations system will be built on: •

a strong safety net of 10 legislated National Employment Standards for all employees;

•

a modern, simple award system that complements the National Employment Standards, providing certainty, flexibility and stability for employers and their employees;

•

an enterprise-level collective bargaining system focused on promoting productivity;

•

unfair-dismissal laws which balance the rights of employees to be protected from unfair dismissal with the need for employers, particularly small business, to fairly and efficiently manage their workforce; and

•

a ‘one-stop shop’, Fair Work Australia, for advice and support on all workplace relations issues and enforcement of legal entitlements.

The range of protections, including anti-discrimination measures, currently contained in the WR Act are scattered throughout the Act, and in many cases are duplicated and hard to understand. The proposed new legislation will streamline all of these related protections into one part of the Act which will be much simpler to follow. The current freedom of association, unlawful termination and other miscellaneous protection provisions (such as an employee’s right to reasonably refuse to work on a public holiday) will be combined into a new set of general protections. Under these combined protections, it will be unlawful for a person to take adverse action because another person has, or exercises, a workplace right. Adverse action includes dismissal, discrimination, refusing to employ a person, or prejudicially altering the position of a person. Workplace rights include an entitlement under an award or agreement, or an industrial law. For example, it will be unlawful to discriminate against an employee because they have taken parental leave in accordance with their entitlement under the National Employment Standard. It will also be unlawful to discriminate against a person because they are, or are not, a member of a trade union. The general protections will also cover industrial action, sham contracting arrangements, discrimination on a number of grounds including race, sex,

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sexual preference, age, disability and pregnancy, among others, and absence from work because of illness or injury. The new general protections will provide more comprehensive protections for workers in some situations than is currently the case. It is currently unlawful for an employer to dismiss an employee for certain reasons such as their sex, race or family responsibilities. Under the proposed new laws, a range of additional adverse actions, falling short of dismissal, will be unlawful for one of the prohibited reasons; for example, placing an employee in a position that pays less, or refusing to employ them,. Monitoring workplace relations policy – agreement making Collective bargaining at the level of the workplace is a feature of Australia’s workplace relations system. Prior to the election of the current Australian Government in November 2007, bargaining between individual employees and their employers was also an important feature of Australia’s workplace relations system. Monitoring the impact of bargaining through collective and individual agreements on vulnerable workers is a legislative requirement. Under s.844 of the WR Act, the Minister for Workplace Relations must report on developments in bargaining for workplace agreements every three years (up until 2010, after which reports are required every five years). The Minister’s report must include information on the effect agreement-making has had on the employment and wages and conditions of women, part-time employees, persons from a non-English speaking background, mature age persons and young persons. The most recent report on agreement-making covered the period January 2004 to December 2006. The reports include data and statistics on a range of conditions provided through agreement-making including measures that support diversity and flexibility in the workplace. Monitoring workplace relations policy – termination of employment Under the WR Act it is unlawful to terminate employment on certain grounds including discriminatory grounds or in contravention of the Family Responsibilities Convention. Under the Act, claimants can also seek a remedy for a termination that is harsh unjust or unreasonable (HUU) or for termination on both unlawful and HUU grounds. Claims for a remedy in regard to a termination are lodged with the Australian Industrial Relations Commission (AIRC). The AIRC will issue a certificate based on the nature of the termination.

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Since March 2006 unlawful terminations have constituted 28 per cent of certificates issued by the AIRC and a further 25 per cent of certificates were issued for reasons including unlawful grounds. It is not possible to determine the number of unlawful termination certificates issued solely on the ground of discriminatory reasons. Table 7.1 Termination Certificates Issued 27 March 2006 to 31 August 2008 Type of Certificate Issued

Total

Harsh Unjust or Unreasonable (HUU) No reasonable prospect

1217 60

Unlawful and HUU

686

Unlawful

770

Total

2733

7.2 Cultural Diversity in Australia 7.2.1 Overview Australia is a land of immigrants. According to data from the Australian Bureau of Statistics, some 45 per cent of all people living in Australia are born overseas or have at least one parent who was born overseas. Over 300 languages are spoken in Australian homes and workplaces and people from more than 200 countries make up the Australian community. The cultural and linguistic diversity of Australian society today has built up over the last 60 years in a series of 'waves', since the Australian Government implemented a structured and planned immigration program after World War II. Given that such a large proportion of Australia's population is made up of first or second generation migrants, the Australian Government has taken an approach of normalising diversity and advances it as a source of economic and social strength for the whole community. Consequently, most Government policies and services respond to Australia's cultural diversity for all Australians, by ensuring that mainstream services are culturally sensitive, rather than establishing ethnic-specific services. A key mechanism for ensuring a whole-of-Government approach is implemented is the Access and Equity Strategy, which aims to monitor the responsiveness of government programs and services to cultural diversity and encourage an attitude of continuous improvement. Flowing from this policy position, responsibility for anti-discrimination policies and legal provisions for all Australians rests with the Attorney-General's portfolios in the Commonwealth and State and Territory governments. Responsibility for policies and

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legal provisions to combat labour market discrimination for all Australians rests with the employment portfolios. Refer section 7.1 for an overview of Australiaâ&#x20AC;&#x2122;s antidiscrimination laws. Australian Government policy and programs such as Living in Harmony specifically seek to normalise diversity by fostering acceptance at the community level of all Australians, regardless of ethnic background or length of residence and to address barriers to this acceptance, such as cultural, racial or religious intolerance. There are also programs that promote acceptance for specific groups within Australian society that are particularly vulnerable to exclusion due to their pre-arrival experiences or the responses of the global community to international events. These groups might feel there are barriers that stop them from joining with the mainstream. The former group is the refugee and humanitarian cohort, which is entitled to access Australian Government settlement services to enable them to build self-reliance and language skills to connect to mainstream services. These services are detailed elsewhere in this report. The latter group is Australia's Muslim communities, which are the focus of the National Action Plan to Build on Social Cohesion, Harmony and Security. As these programs cater to various communities within Australian society, their focus includes newly arrived migrants, first generation migrants who have successfully settled permanently in Australia and the children of these groups of migrants. In keeping with the Government's renewed focus on the use of evidence to inform policy design and program implementation, the Department of Immigration and Citizenship has held preliminary discussions with the Australian Bureau of Statistics on the business case for an additional survey on the social and economic outcomes of migrants to Australia and their children. The development, implementation and analysis of this survey is a longer-term goal. 7.2.2

Access and Equity Strategy

As set out previously, the Australian Government's Access and Equity strategy aims to monitor the responsiveness of government programs and services to cultural diversity and encourage an attitude of continuous improvement. Under this strategy, the Department of Immigration and Citizenship produces an annual report on behalf of the Australian Government detailing agency innovations to assist with

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providing culturally sensitive programs and services. For example, the report shows how government agencies: •

meet the needs of clients whose use of English is not sufficient to convey their needs and circumstances, through interpreting and translation;

•

consult to convey information and learn from communities; and

•

train staff to use their cultural skills to improve the effectiveness of their services.

The report is presented to both Houses of Parliament each year by the Minister for Immigration and Citizenship. 7.2.3 Living in Harmony Program Living in Harmony (LiH) is the Australian Government's key anti-racism program that aims to address issues of cultural, racial and religious intolerance by promoting respect, fairness, inclusion and a sense of belonging for everyone. It is primarily a communitybased education initiative that employs a range of funding and information activities. The program falls within one of the Department of Immigration and Citizenship's key output goals; that is, to continue to foster a society which values Australian citizenship and social cohesion, and enables migrants and refugees to participate fully and equitably in Australian society. Program objectives The program's key objectives are to combine a public awareness program with practical activities to promote: •

the importance of all Australians respecting one another regardless of cultural, racial or religious difference;

•

the fair treatment of all Australians by encouraging people to recognise that our interactions should be accepting of, and responsive to, people’s backgrounds, circumstances, needs and preferences;

•

opportunities for people to participate in Australian society and to understand the rights and responsibilities that all Australians share as part of society; and

•

a sense of belonging for all Australians by helping communities build an inclusive and cohesive society.

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Program activities seek to:

•

increase community understanding and acceptance of diversity, particularly in areas where these attitudes need to be strengthened;

•

help people who have settled in Australia better understand the values and social behaviour that are important to the community;

•

promote positive cross-cultural interaction; and

•

address issues often impacting on new and emerging communities in specific geographic locations.

Overview of strategy and target audience The funding component involves the provision of grants to a range of community-based organisations around Australia to deliver projects that foster respect and inclusion and engage the whole community in responding to issues of racism and intolerance. Currently, funding is provided by two sub-programs: •

community relations funding, which funds local organisations to address local issues; and

•

emerging issues funding, which enables organisations to address issues which require more immediate intervention and funds larger organisations that have a capacity to reach a national audience.

The target audience for community relations funding includes: •

incorporated not-for-profit organisations, such as community service organisations, ethnic-based community groups and migrant resource centres;

•

the education sector, from preschool to tertiary levels; and

•

local government.

Each year, the government specifies priorities for community relations funding. In past years, priority has been given to funding projects that address issues related to: •

indigenous people;

•

children/young people;

•

new and emerging communities; and

•

integration and community-based activities.

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The target audience for emerging issues funding includes: •

organisations that have the capacity to address issues that require more immediate intervention; and

•

a range of organisations with a regional or national profile that have the capacity to address more widespread or systemic issues.

The information component involves the promotion of activities and outcomes of projects that have received funding. It also involves promoting a national celebration of cultural diversity, Harmony Day, which seeks to engage the entire Australian community. Harmony Day has been celebrated on 21 March since 1999 and each year there are more events and more participants. For example in 2007 over 400 000 Australians participated in Harmony Day activities. Recent events: 1. Introduction of an additional grant category for access by smaller community groups In 2008 a new category of smaller grants was introduced as part of the program. These grants provide small community organisations with up to $5000 to conduct activities to encourage cross cultural interaction at the community level. Activities funded under this new category included cultural events and festivals, discussion groups, gardening, arts activities, sport, visits to places of worship and volunteering.

2. Recent projects The projects funded by the program provide an on-going series of events and activities. For example: In March 2008, Macquarie University in Sydney launched a website called ‘StepOne’ which was part of a project funded under the Emerging Issues section of the program. The website provides local government councils around Australia with on-line access to social cohesion strategies, research and support to conduct projects that promote understanding, respect and inclusiveness in local communities around the nation. In September 2008, another recipient of Emerging Issues funding, DARE Charity Ltd, conducted a four day camp on the southern coast of NSW for twenty young men from south-western Sydney of Muslim and non-Muslim heritage. There had been reports from the community of considerable levels of social tension between the two groups. The camp aimed to achieve a greater understanding between the young men by

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presenting them with a range of challenges, motivational speaking and mentoring opportunities. The participants reported their experiences at the camp as being “life changing”. The relationships forged between the participants are being supported by a follow-up program. Outputs In addition to the social capital that is generated from activities funded by the program, there are also concrete products, information and strategies that are disseminated for the benefit of the broader community. Two such examples this year resulted from projects funded under the Community Relations section of the program. A DVD, entitled An Act of Parliament, was produced by St Matthew’s Primary School in Fawkner, Melbourne, as part of a project designed to promote an understanding of Australian democracy amongst its school community, which includes a large proportion of refugees from Iraq. The DVD, a musical about the power of participation in democracy and the role of the Parliament, has been featured at a number of public events and distributed to a range of schools around Australia. A film, We Are All Australian, was developed by Strathfield South High School in western Sydney, an area in which over half of the local population was born outside of Australia. The film documents interaction between these students and those from Windsor High School in Sydney’s north, where around one in eight of the local population is overseasborn. The film depicts the ways in which the students challenge their views of each other and examines the role that various factors, including the media, play in shaping attitudes towards people of different backgrounds. This resource, which includes a resource kit for teachers, has been distributed to secondary schools nationally. Reviews and evaluations In July and August 2005, consultations with state and territory governments, the community and the Council for Multicultural Australia revealed strong support for the Living in Harmony initiative, and recognition of its success in reaching out to the Australian community to support cultural diversity, community harmony and social cohesion. However, there were perceptions that there were a number of ways in which the program could be improved. Subsequently, evaluations of the program have been conducted by independent companies in 2006, 2007 and 2008. In February 2008, the Parliamentary Secretary for Multicultural Affairs and Settlement Services announced an administrative review of the program. The review, which is drawing to its conclusion, focuses on improving ways to promote the benefits of

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Australia’s cultural diversity. It also seeks to broaden the reach of the program, to direct funding more effectively to areas of need and to promote a sense of belonging for all. Further, the review involves developing and market testing a new branding design, which is expected to be launched later in 2008 as part of the announcement of other review outcomes. Taken together, these evaluations found continuing and growing community support for the program. Additional findings from these studies will be reflected in new features of the revitalised program, which is expected to be launched later in 2008. 7.2.4 National Action Plan to Build on Social Cohesion, Harmony and Security The National Action Plan to Build on Social Cohesion, Harmony and Security (NAP) is an initiative, agreed by the Council of Australian Governments and developed by the Ministerial Council on Immigration and Multicultural Affairs, which is chaired by the Commonwealth and includes members from every state and territory government. The NAP is a social policy designed to address potential divisions within Australia society. Its particular focus is on building resilience in Muslim communities and facilitating their integration within the wider Australian community. Using targeted responses under the focus areas of education, employment, integrating communities and enhancing national security, the NAP seeks to minimise issues that contribute to the marginalisation, alienation and isolation of specific communities. It seeks to achieve its aim through:

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promoting inclusion;

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addressing discrimination and misunderstanding; and

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encouraging greater involvement for all Australians.

Funding A total of $41.5m in Commonwealth funding has been allocated to the development and implementation of the NAP from 2005-06 to 2009-10. Also, state and territory governments are resourcing and implementing programs tailored to suit their particular circumstances, under the overarching guidance of the NAP. In all, about 150 initiatives under the focus areas have been funded so far. Consultation and Research The implementation and consideration of the ongoing direction of the NAP is informed by community consultation and research.

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Community consultation The NAP is an evolving initiative and so ongoing consultation with Muslim Australian communities is vital. In the past, consultations have involved using a Muslim Community Reference Group to provide advice when the policy was established, a series of national and state and territory based youth summits, an Imamsâ&#x20AC;&#x2122; conference and other forums to facilitate dialogue amongst groups in Australian society. Most recently, broadly representative round tables in all Australian states and territories have assisted with informing a mid term evaluation of the NAP, including consideration of future directions.

Research An ongoing program of research underpins the NAP, including commissioning and undertaking research, as well as liaising with key domestic and international players, to inform the implementation of the NAP, enhance knowledge of â&#x20AC;&#x2DC;what worksâ&#x20AC;&#x2122; in community-based cohesion and integration initiatives, and a greater understanding of a range of practical counter-radicalisation measures. Programs At the Commonwealth level, NAP programs and projects are delivered by several Australian Government agencies and range from large-scale initiatives to smaller community-based projects. Projects are delivered under the four focus areas of education, employment, integrating communities and enhancing national security.

1. Employment The NAP recognises that access to employment is essential for reducing isolation and marginalisation within vulnerable communities. It also supports the wider socio-economic benefits of a diverse workforce in a globalised economy.

NAP employment initiatives include employment programs delivered at both Commonwealth and state levels that focus on localities experiencing high unemployment. These involve employment coordinators using case based approaches in local communities, and typically reach Muslim Australians who might not otherwise engage with the employment market or job services.

These employment coordinators focus on building bridges between job seekers, training providers, employment service providers and employers. Their work is complemented by community based efforts including, for example, initiatives where disadvantaged young people are paired with IBM executives for mentoring on the culture of the workplace and where young people are trained as lifeguards by surf lifesaving clubs.

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2. Education Education initiatives under the NAP recognise that the education and training sectors play a crucial role in equipping students with the skills, democratic values and principles for effective participation in Australiaâ&#x20AC;&#x2122;s culturally and linguistically diverse society.

For example, among many programs undertaken in the last few years, is a Commonwealth values-based pilot program promoting interfaith and intercultural understanding in schools. It builds on existing initiatives in civics, citizenship education and values education and addresses gaps in Australian school curricula and training teachers in related approaches.

A National Centre of Excellence for Islamic Studies was established to advance knowledge of Islam, to profile the strengths in Islamic studies in Australia, and to offer a range of professional development opportunities. Its first undergraduate program commenced earlier in 2008.

3. Integrating Communities Under the NAP, many community level sports and arts-based, leadership, interfaith and mentoring activities have encouraged increased participation in mainstream Australian sporting, social and cultural activities by marginalised community groups.

One example of this is a pilot initiative to address low levels of participation in sport at the same time as enhancing social cohesion in two socio-economically disadvantaged communities. It not only involves children, but also their families and the wider community in participating in activities. This pilot forms part of a wider initiative also incorporating education, employment and mentoring elements, which is beginning to demonstrate the strong benefits of a coordinated place-based approach to responding to disadvantage.

4. Enhancing National Security The NAP recognises the importance of ongoing dialogue between communities and law enforcement agencies to help build mutual trust, a better understanding of lawful grievance measures and improved planning for emergencies.

Ongoing efforts to gain a better understanding of community structures and increased engagement with individuals are helping to ensure broad representation in dialogue with government on countering isolation, marginalisation, and the potential for violence in Australian communities.

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NAP Evaluation A mid-term evaluation is being conducted on the NAP. This evaluation will focus on the overall appropriateness, effectiveness, and efficiency of the NAP. This evaluation will help to determine where more support is needed and how this can be provided.

A final evaluation of the NAP is planned to be undertaken at the end of the funding period, in 2009-10.

8. POLICIES FOR THE CHILDREN OF IMMIGRANTS 8.1 Overview Many of Australiaâ&#x20AC;&#x2122;s settlement and cultural diversity programs focus on the integration of the family and consider the best interests of children to be a key consideration.

The Integrated Human Settlement Strategy (IHSS) ensures that a comprehensive case plan is developed for each newly-arrived refugee family, identifying their needs and appropriate services. The SGP also assists eligible migrant and refugee families through orientation services. This may include linkages to mainstream services, including access to employment through the Job Network.

Children of immigrants receive the same access to mainstream government services as all other Australians including education, health, employment and community services. These services facilitate the integration and participation of immigrant children into Australian society. The Australian Government also delivers a number of cultural diversity programs that cater to various communities within Australian society. Their focus includes newly arrived migrants, first generation migrants who have successfully settled permanently in Australia and the children of these groups of migrants. 8.2 English as a Second Language â&#x20AC;&#x201C; New Arrivals Program The Australian Government recognises the importance of giving migrant and refugee children whose first language is not English every opportunity to gain the English language skills they need to be successful at school and beyond. To this end, the Government is working with state and territory governments, non-government school

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authorities, parents, educators and other organisations to seek the best possible outcomes for all young Australians. The English as a Second Language - New Arrivals (ESL-NA) Program provides Australian Government funding to state and territory government and non-government education authorities to assist with the cost of delivering intensive English language tuition to eligible newly arrived migrant primary and secondary school students. An estimated $338 million will be provided through the ESL-NA Program over the 20052008 funding quadrennium. The Program aims to improve the educational opportunities and outcomes of newly arrived students of non-English speaking backgrounds by developing their English language competence and facilitating their participation in mainstream educational activities. In order to be eligible students are required to be Australian citizens, permanent residents, or be minors (under 18 years of age at the time of enrolling in the initial course of intensive English language instruction) and holding temporary humanitarian and certain other provisional visas that provide for a long term commitment to Australia. An Interdepartmental Committee on Humanitarian Settlement (the IDC) comprised of Australian Government agency heads was convened in April 2006 to develop a wholeof-government strategy to improve the settlement outcomes of newly arrived migrants under Australiaâ&#x20AC;&#x2122;s Humanitarian Migration Program. A series of recommendations were made by the IDC to respond to the high levels of disadvantage faced by recently-arrived humanitarian entrants. Education authorities were consulted late in 2006 regarding the education-related recommendations, including the potential increase to per-capita funding for humanitarian entrants in primary and secondary schools through the ESL-NA Program. In May 2007, the Australian Government announced that education authorities will receive increased funding for these newly-arrived humanitarian students. Commencing 2008, newly arrived humanitarian entrant students attract double the amount of Australian Government funding to assist with the provision of intensive English language tuition to improve their educational prospects. Eligible (non-humanitarian entrant) students are expected to receive a minimum of six months intensive English language tuition either in intensive language centres/units or in schools. Eligible refugee or humanitarian entrant students are expected to receive a minimum of 12 months intensive English language tuition, also provided in intensive

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language centres/units or in schools. Where tuition is provided in schools, it is expected that students will be provided with a minimum of ten hours of ESL assistance per week. The amount and duration of assistance to be provided for individual students is, however, a matter for education authorities to determine. Funding is provided as a once-only per-capita payment for each eligible student and is paid to the education authority responsible for the provision of the studentâ&#x20AC;&#x2122;s initial course of intensive English instruction. In 2008, grants of $5 786 per new arrival, or $11 572 per humanitarian new arrival, will be made to state and territory government and nongovernment education authorities for each eligible ESL-NA student. In 2007, the ESL-NA Program supported 14 536 students nationally, including more than 5 000 humanitarian entrants. An estimated 16 000 newly-arrived students will benefit from ESL-NA assistance in 2008. From 1 January 2009, funding from the ESL-NA Program will be provided to states and territories, along with other supplementary funding for schooling, via the new National Education Agreement. This Agreement will provide funding to states and territories to achieve outcomes in school education and will not contain prescriptions on how schooling is to be delivered or how funding is to be used. From 2009, state and territory governments will be responsible for managing and prioritising Commonwealth funding allocations including the level of ESL provision and the criteria for newly arrived migrants and refugees to access funding. Funding arrangements under the ESL-New Arrivals program will remain the same for students enrolled in non-government schools for 2009 to 2012.

9 ENTREPRENEURSHIP The Business Skills program recognises the value of entrepreneurs and their potential to contribute to Australiaâ&#x20AC;&#x2122;s business development needs and increasingly global economy.

Highly successful entrepreneurs with as little as two years experience in business can migrate to Australia on a Business Talent visa with the endorsement of an Australian State/Territory government. Alternatively, entrepreneurs who have managed an eligible investment portfolio for three years may be eligible for a provisional (temporary) investor visa and apply for residency after holding that visa for four years.

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The Business Talent and both forms of provisional investor visas encourage immigrants to enter into commercial undertakings by requiring them to demonstrate a genuine and realistic commitment to establish and maintain business or investment activities in Australia and allow for risky business ventures without detriment to their visa status.

In 2007-08 a total of 38 Business Talent visa applications were approved (down from 47 in 2006-07) and 183 provisional investor visa applications were approved (up from 138 in 2006-07).

Approximately 47 per cent of these visa holders created new businesses.

These

businesses were predominantly in property development (50 per cent), imports and exports (18 per cent) and tourism (14 per cent).

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APPENDIX Tables 1.1 and Table 1.2 a) Net outcome as places in the Migration Program taken by provisional visa holders who do not subsequently obtain permanent visas are returned to the Migration Program in the year the application for permanent residence was refused or withdrawn. b) Includes fiancĂŠ, spouse and interdependent. c) Includes child-adoption, child dependant and orphan minor. d) Includes Contributory and Non-Contributory Parents. e) Includes aged dependent relatives, carers, orphan unmarried relatives and remaining relatives. f)

Includes Employer Nomination Scheme, Labour Agreement and Regional Sponsored Migration Scheme.

g) Net outcome as cancelled visas are returned to the Migration Program in the year in which they are cancelled. h) Includes State/Territory Nominated Independent Scheme and Skilled Independent Regional. i)

Skilled Australian Sponsored categories includes skills tested brothers, sisters, nieces, nephews, non-dependent children, working age parents, grandchildren and first cousins. Named after an Australian Government announcement on 1 November 1993, this visa was primarily directed at PRC nationals who had earlier been granted four year temporary entry permits following the events of 1989 in China.

Table 1.7 1) Includes fiancĂŠ, spouse and interdependent. 2) Includes childâ&#x20AC;&#x201C;adoption, child dependant and orphan minor. 3) Includes aged dependent, carer, orphan unmarried and remaining relatives. 4) Includes Contributory and Non-contributory Parents. 5) Includes Employer Nomination Scheme, Labour Agreement and Regional Sponsored Migration Scheme. 6) Includes State/Territory Nominated Independent Scheme and Skilled Independent Regional. 7) Includes skills tested brothers, sisters, nieces, nephews, non-dependent children, working age parents, grandchildren and first cousins of an Australian sponsor. 8) Net outcome as cancelled visas are returned to the Migration Program in that year.

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