Australian Immigration & Policy Analysis

This assignment delves into the complex realm of Australian immigration policy. It requires students to analyze various aspects of the immigration system, including legal frameworks, historical context, and the impact of immigration on Australian society. The analysis should encompass diverse themes such as environmental justice, multiculturalism, and health disparities within immigrant communities. Students are expected to draw upon provided sources – a mix of books, journals, and online documents – to support their arguments and insights.

The scope of the power vested in the Minister
for immigration and Border Protection to
review an adverse
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Table of Contents
INTRODUCTION...........................................................................................................................3
TASK...............................................................................................................................................3
CONCLUSION................................................................................................................................8
REDERENCES................................................................................................................................9
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INTRODUCTION
The department of Immigration and Border Protection have to manage and settles all the
migrants of Australia. Australian immigration is controlled by the Migration Act 1958 and in this
so many rules and regulation are associated with it. The government of Australia have made the
portfolios with the help of Department of Immigration and Border Protection (Byrne and
MacCallum, 2013). The scope of these regulations are that there are many departments which are
having several occasion and they are responsible for the another portfolio which is in addition to
immigration. In present essay the scope of power vested by the minister of immigration and
border protection has been explained.
TASK
In order to properly understand Australia’s immigration laws then it is essential to
understand the laws and regulations which has been framed by the Australian government. In
2014, the Minister for immigration and border protection have announced the decision of
government so that they can bring together the department of immigration and border protection
(immigration). The Australian customs and border protection services are to be operated from the
single department from 1 July 2015. These all process were known as integration. According to
Castles (2013), it is depicted that the government of Australia has establish the Border force in a
group which integrate department by the statutory officers. The announcement which has been
integrated by the government are setting up the reforms and integration of task force. It is the
responsibility of executive officer to make proper policies, strategies and cooperate functions in
order to manage all the risk which are associated with the governance. In year 2014, these
entities have launched the Blueprint for the integration which has divide the functions between
the border force and new departments.
Department of immigration and Border Protection:
1. Australian Border Force – In this the functions regarding; the verification of identity and
intent are included, the enforcement, compliance and investigation regarding the border
protection, capabilities of specialised border have been there.
2. Other departments – In this the policy and strategies, assisting the people and traders to
properly understand their obligations regarding their responsibilities. To provide better
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education, cooperate services. The department has also to conduct programmes regarding
the migration and humanitarian in appropriate manner and many more.
The above blue prints are showing integration which has focus on the two major areas for
reforms;
People – They are introducing new workforce model and building five vocations which include
border force, policy and regulations, client services, intelligence and support. Through this they
will enhanced the integrity measures (Louis and et. al., 2010).
System – To update the technologies and revise the business plans in order to deliver quality
of services and support to intelligence-led of the border security.
The powers which has been framed by the statutory officers should ne related with the
border protection in which they can save their country from the risks. The Australian minister for
migration and border protection is in the hand of Mr Scott Morrison. But he was replaced by Mr
Tony Burke. The minister of immigration has responsibility for administrating the laws and
policies which should be relate with the Australian immigration and border protection. It is also
their responsibility to develop and considered new laws and policies which will give benefit to
the people. The minister of Australian immigration has granted the power under the migration
act 1958 and regulation 1994. The practices which has been done by the minister are not taking
the decision are not belonging to personal but they delegate the power to other officer of
departments. The minister has responsibility to ensure about that all the departments of functions
are operating efficiently and effectively. As per view of Crock (2010), it is inferred that the
officer department have to follow all the laws which are made in accordance with the Australian
immigration so that they can get the better results. The migration law is the part of administrative
law. In this the decisions were taken by the governments so that they can regulate in proper
manner. While there are many pitfalls which can be face the government but they have to make
proper strategies in regulating these laws. If there is any failure in the following the principles of
Australian administrative law then it will automatically have presumed that, those decisions
which are taken by them are wrong. However, in these circumstances applicant has right to make
an appeal for the decision of the department by considering the judicial review. On other side, if
at the time of appeal process it has been found that the decision of department officer is showing
some legally error then Australian court can reassess the application of department by
considering the correct principles of law.
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There are many operational activities which are covered under the department of the
minister of migration. These are broadly classified into the following matters; entry, border
immigration control ethnic affairs etc.
The migration programme of the government is reviewed on regular on regular basis to
see that whether their decisions are affecting to public or not. For safeguarding the interest of
public a new skills occupation was introduced. Martinez and et. al., (2015), it is examined that in
this skills it will give importance to English language, work experience, level of qualifications
and many more. For this the state migration plan were implement which will give flexibility and
nominate the skilled migrants for the better educations.
Statutory powers to Border Force officer
Australian boarder force act 2015:
This act came in force on 1st July 2015. This act come up with statutory provision related
to employment conditions. Employment conditions may be alcohol and drug testing, disclosure
provisions. This act established roles and duties of Australian Boarder Force Commissioner. To
give effect to integration, there are number of act that has amended by The Customs and other
legislation Amendment Act 2015. this act has come in force after amendment of Customs act
1901, Migration act 1958 and many other act that give effect to integration. The amendment of
these act did not make any change in power of officer in this regard (McAdam, 2011). The
power that is previously given to such officer in previous act are still in force with same officer.
This act provides many powers as well as duties of officer in power that is related to safety of
boarder from outsiders. It is required to detect such person so that their security of nation cannot
be affected in any case.
Custom and Migration act contain large power that is given to officer. The power of
officer is related to issue licence to custom brokers and to grant visa to visitors of Australia.
There is coercive power that also vest with officer as power to arrest people, conduct search,
enter and search any vehicle and premises. The departmental officer also has power in this
regard. Such power is in under 35 Acts and more than 500 provisions.
As of right: It is the power to office. As per section 189 of Migration act, if officer knows
and suspect that a person in unlawful and non-citizen of their country then they have right to
detain such person.
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Delegation: It is power that is given to Minister, Secretary and Commissioner. As per
section 251(4) of Migration act, it is the power to such officer to issue warrant to officer at
different level.
Authorisation: As per section 219ZA of custom act, Boarder force commission is
authorised officer at international airport and can be detention officer.
Coercive power: It is the power that is delegated by statute and government agency. Such
powers are related to enter into premises where it is suspected, arrest and detain suspected person
in custody, conduct personal search etc.
Power under Migration act
Migration act contains various coercive power that are for different purpose at different
time. Such powers are related to: -
Verification of people at border.
To detain individual who are suspected and non-citizen of Australia.
To maintain safety and order.
To remove unlawful people from Australia.
To comply with work and visa norms.
Investigation of work related offence.
The powers of other regulatory entities are similar to temporary sponsorship work visa
program, student visa and its related offence and provision. It provides power that is related to
enter into the premises to make investigation so that they can identify suspected things.
The power that is related to remove suspected person from Australia is as right. Search
warrant can be issues under legislation (McGrath, 2015). The power to issue search warrant is
related to section 251 and it can be issued by delegates department. Magistrates cannot issue
search warrant in certain areas. In year 1958, search warrant has been amended and there is
requirement to issue search warrant with specific requirements and it allows powers that is
related to enter into place at day time or night time.
Section 188 of Migration act is related to provide evidence by Non-citizen of Australia. It
says that if any person is suspected and if caught by officer then it is possible to provide evidence
that can show that such person has permission to enter into the country as evidence of identity or
Visa.
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Section 189 of Migration act is related to detention of unlawful citizen. The power that is
conferred to officer that if they identify that the person is unlawful citizen then they can detain
such person into their custody.
Section 251 of Migration act is related to Power to entry and search. It says that if any officer has
search warrant then such officer can enter into any premises, check any vehicle, building or any
place for search whether it is at day time or night time (Nichols, Horner and Fyfe, 2015). If they
have reasonable reason to believe that such person is unlawful citizen, deportee and any person
who is in breach of any condition of their visa and have any other issues in their document that
can prove their citizen ship in country.
It is examined that Robertson (2011), border force officers are facing the major problems
which are related with risk on daily basis at their operational level. In 2015, border force
establishes the operational risk management which will support to line areas. They have made
the instructions, policies for the workshops so that team can manage all the risk. From view point
of … it has been depicted that there are some departments who argues that the officers which are
making laws are unlawful and inappropriately which will be causing damage to public also. So
these departments have made separate the enterprise risk profile which is related with the
training, guidelines or supervisions. It is their responsibility to monitor all the risk which are
carrying by them so that they can take appropriate actions. The proper training should be given
to employees of border force which will help them to handle all the risk on daily basis. The
powers which are chosen by the border force is categorised into two parts such as; personal
search should be done properly for those passengers who are coming international airports under
section 219L-219Z of custom act and if anyone found with the serious nature of activities then
they have right to execute the search warrant under section 251 of migration act. Section 251 is
related with the if any person coming to Australia and building premises or vessel illegally then
the border force can issue a search warrant against them.
Australian is considered as top three under the humanitarian resettlement across the
world. In humanitarian programme, the different departments have granted approximately 13800
visas in 2010-2011. The department have to fulfil its international obligations which has been
covered under the Refugee convention (Stewart, 2011). Through this it was expected that it will
improve the efficiency of decision which were taken by the departments and provide more
accountable information so that they can protect their claims. On other side, the department of
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citizenship, provides the alternative pathway for that they have to take steps towards to become
an Australian citizen. In border security, there are more than 25 million movements which has
been set across the Australian borders. By the year 2020, it shows that these number will likely
to increase from 25 million to approximately 35 million every year. The different departments
collect the biometric information which will help them to verify the identity of visa applicants
who are belonging from other countries. The biometrics are beginning to collected across the 14
countries. In immigration detention, new services have been established for implementing the
policies, manage the contractors and have to coordinate with each other. According to ... it is
reserved that the act of migration was enacted for the purpose of regulating the national interest
so that non-citizens can stay, travel in Australia (Tilly, 2011). This act provides broad structure
and framework to proper control and regulate the Australian immigration. In this act, the system
of visa classes and the condition for the removal has been established for the person of Australia.
However, this act has not provide precise rules in aspects of Australian immigration.
The Australian migration regulation were enacted on 1st September which consists many
rules and regulations of Australian immigration law. The regulations have been set out the
requirements in order to meet with the eligible criteria for Australian visa. If any changes are
made in this act, then it is essential to informed this information to ministerial directions. This
information should be published in the form of Gazette Notices. The department of migration has
developed the many policies and procedures which will give guidance to administration to
properly follow the migration laws.
CONCLUSION
From above report it has been concluded that the border force security has played a major
role in protecting the security of general public. They are taking decision on regular basis so that
they can protect the life of people if anyone is carrying out the illegal activities. The migration
act has been regulated because to protect all rules and regulations which are made by the minister
for the security of people. Immigration law has to properly followed by the departments which
will fulfil the criteria of visa of other people country.
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REDERENCES
Books and Journals
Byrne, J. and MacCallum, D., 2013. Bordering on neglect:‘environmental justice’in Australian
planning. Australian Planner. 50(2). pp.164-173.
Castles, S., 2013. The forces driving global migration. Journal of Intercultural Studies. 34(2).
pp.122-140.
Crock, M. E., 2010. Women and Immigration Law.
Louis, W. R., and et. al., 2010. Speaking out on immigration policy in Australia: Identity threat
and the interplay of own opinion and public opinion. Journal of Social Issues. 66(4).
pp.653-672.
Martinez, O., and et. al., 2015. Evaluating the impact of immigration policies on health status
among undocumented immigrants: a systematic review. Journal of immigrant and
minority health. 17(3). pp.947-970.
McAdam, J., 2011. From humanitarian discretion to complementary protection-reflections on the
emergence of human rights-based refugee protection in Australia. Austl. Int'l LJ. 18. p.53.
McGrath, P., 2015. Parking problems: an important access issue for Australian specialist
metropolitan hospitals. Health Issues. (114). p.26.
Nichols, P., Horner, B. and Fyfe, K., 2015. Understanding and improving communication
processes in an increasingly multicultural aged care workforce. Journal of aging
studies. 32. pp.23-31.
Robertson, S., 2011. Student switchers and the regulation of residency: the interface of the
individual and Australia's immigration regime. Population, Space and Place. 17(1).
pp.103-115.
Stewart, P., 2011. Tortious Remedies for Deliberative Wrongdoing to Victims of Human
Trafficking and Slavery in Australia. UNSWLJ. 34. p.898.
Tilly, C., 2011. The impact of the economic crisis on international migration: a review. Work,
employment and society. 25(4). pp.675-692.
Online
Migration to Australia. 2010. [Online]. Available through: <
http://www.hwimmigrationlawyers.com/migration-to-australia/>. [Accessed on 30th May
2017].
The Australian Border Force’s Use of Statutory Powers. 2017. [PDF]. Available through: <
https://www.anao.gov.au/sites/g/files/net2766/f/ANAO_Report_2016-2017_39.pdf>.
[Accessed on 30th May 2017].
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