What are the general provisions for arrival, presence and departure of persons under the Migration Act 1958? Australian migration law hinges on tracking arrival, presence, and departure. This allows them to control who enters and for how long, enforce visa rules, remove unauthorised individuals, and protect their borders. In short, it keeps the migration system orderly and safeguards national interests.
Read on to learn more about general provisions for arrival, presence and departure of persons.
Section 269: Securities
Section 269 discusses the importance of security about general provisions for arrival, presence and departure of persons. This section allows immigration officers to ask for a guarantee (security) when someone applies for a visa.
This guarantee is to make sure the visa holder follows the rules of the Migration Act and any specific conditions placed on their visa. There are two ways this guarantee can be provided:
- By depositing cash, government bonds, or other valuable documents with the government, along with a signed agreement.
- By signing a specific form approved by the immigration department.
Officers can ask for a guarantee only for conditions that DHA places on the visa if the DHA grants it. The applicant must receive information of these conditions beforehand. Additionally, the signed form acts as a legally binding agreement, even without an official seal.
If the visa holder breaks the rules, the government can use the guarantee to recover any costs they incur. Breaking the rules once doesn’t excuse the visa holder from following the rules in the future.
Section 270: Reports of Absences of Crews and Vessels
Section 270 of general provisions for arrival, presence and departure of persons outlines the reports of absences of crews and vessels. Moreover, this section deals with reports made by ship captains or representatives (owner, charterer, agent) about crew members who are missing from the ship. It covers 2 situations:
1. Absence Upon Departure: If a crew member was on board when the ship arrived in Australia but is missing when it leaves, the captain must report this in writing. The report specifies if the crew member left with or without permission. This report is evidence that the crew member:
- Entered Australia legally (with leave) if the report says they left with permission.
- Entered Australia illegally (without leave) if the report says they left without permission.
2. Absence During Stay: If a crew member leaves the ship during its stay in Australia, either without permission initially or after getting permission but then disappearing, the captain must report this in writing. This report is also evidence that the crew member may have entered Australia illegally.
Section 271: Proof Of Certain Matters
General provisions for arrival, presence and departure of persons also include proof of certain matters in migration proceedings. Furthermore, Section 271 sets out documents that are reliable and do not need extensive proof:
- Government Documents: Official documents from Australian government departments or states can act as evidence for relevant information.
- Visa Information: Certificates from immigration officers can confirm if someone holds a visa, its conditions, and its validity period.
- Ship Crew Reports: Reports by ship captains about missing crew members are evidence of their absence and potential immigration issues.
- Passenger Lists and Cards: These documents can prove someone was on a particular flight or ship.
- Passport Notations: Specific notations by authorised officers in passports can be evidence of arrival or departure dates.
- Travel Records: Certified printouts of travel movement records can show someone’s entry or exit from Australia by plane.
- Foreign Criminal Records: Fingerprint records and related documents from foreign authorities, if properly certified, can be evidence of criminal convictions and sentences.
- Lack of Passport or Visa: Evidence that someone entering Australia lacked a passport or a valid visa is proof they might be a non-citizen without proper authorisation.
- Computer Records: Certificates from immigration officers can show if specific computer programs were functioning correctly and what information they provided.
This Section of general provisions for arrival, presence and departure of persons also defines migration proceedings as:
- Court Cases: This includes criminal proceedings for breaking the Migration Act or civil penalty cases. It also covers court hearings related to deportation orders.
- Tribunal Reviews: This involves appealing a decision made by the immigration department, including decisions to deport someone.
- Fast-Track Reviews: This is a specific type of review handled by the Immigration Assessment Authority for certain migration decisions.
Section 272: Migrant Centres
Section 272 of general provisions for arrival, presence and departure of persons gives the Minister the authority to establish and manage migrant centres. These centers can be used for:
- Reception: Welcoming and processing non-citizens (people who aren’t Australian citizens).
- Accommodation: Providing housing for non-citizens.
- Training: Offering programs or courses to non-citizens.
So who can stay in these centres? The Minister decides who can be admitted to these centres, under what conditions, and if any fees apply. Additionally, the government can create rules (regulations) for managing these centres. These might cover:
- Running cafeterias or food services.
- How people behave within the centres.
- Removing someone from a centre if necessary.
This section doesn’t affect a separate company called Commonwealth Hostels Limited and its business operations.
Section 273: Detention Centres
Section 273 also allows the Minister to set up and manage “detention centres” on behalf of the Australian government. These centres hold people who are authorised for detention under the Migration Act. The government can create rules (regulations) for running these detention centers. These rules might address:
- How detainees must behave and how they’ll be supervised.
- The authority of staff who oversee the detainees.
This section focuses specifically on detention centres used for immigration purposes, not for criminal justice matters.
Section 274: Secretary or Australian Border Force Commissioner Powers
Section 274 of general provisions for arrival, presence and departure of persons discuss the powers of the Secretary or the Australian Border Force. Basically, this provision allows the Department of Home Affairs (through the Secretary) or the Australian Border Force Commissioner to issue documents for certain people.
Who gets these documents?
- People who haven’t been deported yet (deportee).
- People who haven’t been removed from Australia yet (removee).
- People who were refused entry and haven’t been cleared to enter (refused immigration clearance).
What’s the purpose?
These documents can be given to someone (let’s call them Person A) who needs to be removed from Australia. The document provides information about another person (Person B) who also needs to be removed.
Why is this helpful?
By giving Person A this document, it can help arrange for both people to be transported together on the same aircraft. This can be more efficient and cost-effective for the government.
What information is included?
- The document will be in a specific format that the government sets.
- It will include the name and nationality of Person B (the person who needs to be removed).
- The document may also contain other relevant information, as decided by the Department or Commissioner.
The Importance of Seeking Legal Advice
A seemingly minor mistake on your visa application can lead to rejection and delays. The Migration Act, as we discussed, can be quite complex. Our migration lawyers at JB Solicitors can explain the different visa categories, eligibility requirements, and the application process in detail. They can help you choose the most suitable visa for your situation and ensure your application meets all the necessary criteria.
Contact us today if you need more legal help with general provisions for arrival, presence and departure of persons.
