Immigration is the movement of people into another country or region. It is a result of a number of factors, including economic and / or political reasons, family re-unification, natural disasters or the wish to change one's surroundings voluntarily. As of 2006, the International Organization for Migration has estimated the number of foreign migrants worldwide to be more than 200 million.
Immigration is the movement of people into another country or region. It is a result of a number of factors, including economic and / or political reasons, family re-unification, natural disasters or the wish to change one's surroundings voluntarily. As of 2006, the International Organization for Migration has estimated the number of foreign migrants worldwide to be more than 200 million.
Immigration is the movement of people into another country or region. It is a result of a number of factors, including economic and / or political reasons, family re-unification, natural disasters or the wish to change one's surroundings voluntarily. As of 2006, the International Organization for Migration has estimated the number of foreign migrants worldwide to be more than 200 million.
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Immigration Academy Batch XVI BPSDM Hukum dan HAM 1 SECTION I INTRODUCTION
Immigration is the movement of people into another country or region to which they are not native in order to settle there, especially permanently. Immigration is a result of a number of factors, including economic and/or political reasons, family re-unification, natural disasters or the wish to change one's surroundings voluntarily. Australia is a country comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands. It is the world's sixth-largest country by total area. Neighbouring countries include Indonesia, East Timor and Papua New Guinea to the north; the Solomon Islands and Vanuatu to the north-east; and New Zealand to the south-east. New Caledonia, a special collectivity of France, lies to the north-east. Border is geographic boundaries of political entities or legal jurisdictions, such as governments, sovereign states, federated states and other subnational entities. With those things, Australian should have immigration boarder control. Immigration border is case history of traffic or people coming out of territory and surveillance in order to preserve the enforcement of state sovereignty. Australian immigration border is Australian Government initiative in securing national borders led by the military to stop the smugglers boats, preventing people risk their lives at sea, and maintain the integrity of the program. As of 2006, the International Organization for Migration has estimated the number of foreign migrants worldwide to be more than 200 million. Europe hosted the largest number of immigrants, with 70 million people in 2005. North America, with over 45 million immigrants, is second, followed by Asia, which hosts nearly 25 million. Most of today's migrant workers come from Asia. In 2005, the United Nations reported that there were nearly 191 million international migrants worldwide, about 3 percent of the world population. This represented a rise of 26 million since 1990. 60 percent of these immigrants were now in developed countries, an increase on 1990. Those in less developed countries stagnated, mainly because of a fall in refugees. Contrast that to the average rate of globalization (the proportion of cross-border 3
trade in all trade), which exceeds 20 percent. The numbers of people living outside their country of birth is expected to rise in the future. The Midwestern United States, some parts of Europe, some small areas of Southwest Asia, and a few spots in the East Indies have the highest percentages of immigrant population recorded by the UN Census 2005. The reliability of immigrant censuses is low due to the concealed character of undocumented labor migration. A 2012 survey by Gallup found roughly 640 million adults would want to migrate to another country if they had the chance to. Nearly one-quarter (23%) of these respondents, which translates to more than 150 million adults worldwide, named the United States as their desired future residence, while an additional 7% of respondents, representing an estimated 45 million, chose the United Kingdom. The other top desired destination countries (those where an estimated 25 million or more adults would like to go) were Canada, France, Saudi Arabia, Australia, Germany and Spain. The overall level of immigration to Australia has grown substantially during the last decade. Net overseas migration increased from 30,000 in 1993 to 118,000 in 2003-04. The largest components of immigration are the skilled migration and family re-union programs. The mandatory detention of unauthorised arrivals by boat has generated great levels of controversy. During the 2004-05, total 123,424 people immigrated to Australia. Of them, 17,736 were from Africa, 54,804 from Asia, 21,131 from Oceania, 18,220 from United Kingdom, 1,506 from South America, and 2,369 from the rest of Europe. 131,000 people migrated to Australia in 2005-06 and migration target for 201213 is 190,000. Australia and Switzerland, with about a quarter of their population born outside the country, are the two countries with the highest proportion of immigrants in the world. The Australian Government is currently implementing the toughest measures ever in protecting the national borders to tackle illegal arrivals by sea and against human smuggling. In an Administrative Arrangements Order made on 18 September 2013, the functions of the department were broadly classified into the following matters: Entry, stay and departure arrangements for non-citizens Border immigration control 4
Citizenship Ethnic affairs Customs and border control other than quarantine and inspection
Migration Program The size and composition of Australias permanent migration program is reviewed annually to maximize its potential. The 201011 migration program was set at 168,700 places an overall total which was unchanged from 200910. Within this total, the skill stream was allocated 113 850 places to address current and emerging skill shortages in critical occupations and regions. The family stream was set at 54 550 places, recognizing the benefits that accrue when Australians have their parents, partners, careers or children join them to live in Australia permanently. On 1 July 2010, a new skilled occupation list was introduced for the general skilled migration. A new points test emphasing the importance of English language proficiency, work experience and higher level qualifications was announced and implemented on 1 July 2011. In addition, state migration plans were implemented for each state and territory to provide greater flexibility for state and territory governments to nominate skilled migrants in a broader range of occupations specific to their skill shortage needs than are currently offered through the skilled occupation list.
Humanitarian Program Australia is within the top three humanitarian resettlement countries in the world. Under the humanitarian program, the department granted 13 799 visas in 201011. Of these, 8971 were granted offshore and 4828 were granted onshore. The Woman at Risk target of 12 per cent of refugee grants (720 grants) was exceeded, with 759 visas granted. The introduction of complementary protection legislation into parliament on 24 February 2011, was a development in relation to Australia's commitment to fulfilling its international obligations under the Refugee Convention. This was expected to improve the 5
efficiency of decision-making by providing more accountable assessments of asylum seekers protection claims.
Citizenship The departments citizenship course provides an alternative pathway for taking the final step towards becoming an Australian citizen. In 201011, 27 citizenship courses were delivered across metropolitan and regional areas in Australia, and about 74 000 citizenship tests were administered globally during the year. On 26 January 2011, Australia Day, approximately 13,000 people became Australian citizens in about 325 citizenship ceremonies hosted by local councils and community groups across the country. Brisbane City Council, despite the devastating floods, hosted the largest Australia Day 2011 citizenship ceremony with more than 1,000 people becoming citizens at the Brisbane Convention and Exhibition Centre.
Border Security There are more than 30 million movements across Australias borders every year. By 2020, indications are that these numbers are likely to increase to approximately 45 million movements per year. The department collects biometrics
to help verify the identity of visa applicants in any future visa encounters. From December 2010, biometrics began to be collected across 15 countries in Africa, Asia, Europe and the Middle East. This initiative was undertaken in collaboration with the UK Border Agency.
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SECTION II Travel Documents for Entry to Australia
Everyone travelling to Australia must present a valid and approved travel document as evidence of their identity and nationality. The most common and preferred travel document is a passport, but other types of travel documents may also be accepted.
a. Travel documents required for Australian citizens Australian citizens have an automatic right of entry to Australia, and do not require a visa. Australian citizens need only to present the following documents to officers in immigration clearance: a valid Australian passport or other acceptable travel document a completed and signed Incoming Passenger Card. Australians who hold dual or multiple nationalities should hold an Australian passport and use it to enter or leave Australia, even when using a foreign passport overseas. The only exception is where they have been issued with an Australian Declaratory Visa.
b. Travel documents required for New Zealand citizens Most New Zealand citizens are granted an electronic Special Category Visa (SCV) on arrival in Australia, subject to meeting health and character requirements. To be eligible for the Special Category Visa, New Zealand citizens need to present the following documents to officers in immigration clearance: a valid New Zealand passport a completed and signed Incoming Passenger Card, including health and character declaration. New Zealand citizens who hold a travel document other than a New Zealand passport are not eligible to be granted a Special Category Visa on arrival, and therefore should apply for a visa prior to travelling to Australia. 7
New Zealand citizens with tuberculosis or criminal convictions may not be eligible for a Special Category Visa. These New Zealand citizens should approach the nearest Australian immigration office to discuss their situation before travelling to Australia so as to avoid possible delay or being refused entry at the border. New Zealand citizens may also be eligible to apply for a range of other visas appropriate to their circumstances, or for Australian citizenship.
c. Travel documents required for all other travellers All travellers other than Australian and New Zealand citizens need to present the following documents to officers in immigration clearance: a valid passport or other acceptable travel document a valid visa or authority to enter Australia (including electronic visas) a completed and signed Incoming Passenger Card, including health and character declaration. Anyone who arrives without a valid travel document, visa or authority to enter Australia, may be refused entry to Australia or delayed until their identity and claims to enter Australia have been confirmed.
d. Documents for foreign military personnel travelling by air There are different requirements for the following travellers: 1. Members of Armed Forces The details below apply only to military personnel from the following countries: Antigua, Bahamas, Barbados, Belize, Brunei, Canada, Fiji, Grenada, Jamaica, Malaysia, Mauritius, New Zealand, Papua New Guinea, Singapore, Solomon Islands, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Thailand, Tonga, Tuvalu, United Kingdom and the USA. Members of the Armed Forces of a country listed above who are travelling on duty do not need to obtain a visa prior to travelling to Australia if the following documents are provided to officers in immigration clearance: Military Identity Document (a valid passport may also be accepted in lieu) 8
Movement Orders A completed and signed Incoming Passenger Card (if arriving at a proclaimed port, such as an international airport). Military personnel from other countries not mentioned above must obtain a visa prior to travelling to Australia and will need to present standard, non-military travel documents to officers in immigration clearance. 2. Civilian employees of specific Armed Forces Civilian employees of Armed Forces from Malaysia, Papua New Guinea, Singapore and the USA and who aretravelling for military purposes do not require a visa if the following documents are provided to officers at immigration clearance: a valid passport a Status Certificate (presented in either their passport or on an official letterhead) a completed and signed Incoming Passenger Card (if arriving at a proclaimed port, such as an international airport). 3. Partners or dependant relatives of members or civilian employees of specific Armed Forces The details below apply only to members or civilian employees of the Armed Forces from the following countries: Antigua, Bahamas, Barbados, Belize, Brunei, Canada, Fiji, Grenada, Jamaica, Malaysia, Mauritius, New Zealand, Papua New Guinea, Singapore, Solomon Islands, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Thailand, Tonga, Tuvalu, United Kingdom and the USA. Partners or dependant relatives of members or civilian employees of the Armed Forces of countries listed above who are accompanying or joining these Armed Forces members, do not require a visa if the following documents are provided to officers in immigration clearance: a valid passport Movement Orders OR Status Certificate (presented in either their passport or on official letterhead) 9
a signed and completed Incoming Passenger Card (when arriving at a proclaimed port, such as an international airport).
e. Other acceptable travel documents A small number of travellers may have other types of travel documents which are also acceptable for travel to Australia. Holders of these documents will in most cases also require a visa. The travel documents must be issued by a recognised authority and be acceptable for travel to Australia. The document must have a photograph of the bearer and provide the holder with a re-entry authority to the country of issue, or an entry authority to another country. Other acceptable travel documents include: Document of Identity (if holder is not an Australian citizen then a visa is required) Certificate of Identity (a visa is required) Document for Travel To Australia DFTTA (a visa is required. DFTTAs are normally issued to offshore refugee and humanitarian entrants for their initial entry to Australia.) Laissez Passer (a visa is required) Convention Travel Document (such as Titre de Voyage a visa is required) Documents issued to refugees (a visa is required) Kinderausweis issued to German minors photo of bearer not required (a visa is required) Military documents for military personnel travelling by air (see Documents for foreign military personnel travelling by air section above). f. Australian Declaratory Visa (ADV) The Australian Declaratory Visa (ADV) is an administrative document that resembles a visa. It is issued in limited circumstances to Australian citizens who hold dual nationality only if the applicant: - is a dual national under the age of 18 or - has an emergency or other situation preventing travel on an Australian passport. 10
The Australian Declaratory Visa is valid for five years from the date of issue, unless the holder ceases to be an Australian citizen, in which case the holder will need a normal visa to travel to Australia. Charges apply for this service. g. Permanent residents with RRV, ATR or RE documents Information is available in a fact sheet for permanent residents of Australia holding a document such as: a Return Resident Visa (RRV) an Authority to Return (ATR) a Return Endorsement (RE). Applications for a Resident Return Visa can be made online. h. Permanent residents of Norfolk Island Permanent residents of Norfolk Island do not need to apply for a visa before travelling to Australia. Instead they may apply for a Permanent Resident Norfolk Island Visa (PRNIV) on arrival in Australia by presenting the following documents to officers in immigration clearance: a valid passport endorsed with their Norfolk Island permanent residence status a completed and signed Incoming Passenger Card. The visa is valid for the duration of the stay in Australia. An application for a new PRNIV is required each time a permanent resident of Norfolk Island arrives in Australia.
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SECTION III AIRPORT AND SEAPORT CLEARANCE
I. AIRPORT CLEARANCE a. When you arrive at an Australian airport Everyone who arrives at an Australian airport must present their travel documents and Incoming Passenger Card (IPC) to officers in immigration clearance. If you are not an Australian citizen, you must hold a valid visa or authority to enter Australia. This must be arranged before travelling to Australia. Special provisions apply to most New Zealand citizens, and to people eligible to transit Australia without a visa. If you arrive without a valid travel document, visa or authority to enter Australia, you may be delayed until your identity and claims to enter Australia are checked. If you do not meet immigration clearance requirements, you may be refused entry to Australia. For more details see 'Immigration clearance at the airport' section below. After you pass through immigration clearance, your baggage can be collected. It may be checked by Customs and Border Protection or Quarantine officers. b. Immigration clearance at the airport As part of immigration process, clearance officers inspect your travel documents when you arrive at the airport. Once your identity and authority to enter Australia are confirmed, the clearance officer formally approves your entry into Australia. Australian Customs and Border Protection Service officers handle immigration clearance processing at Australian airports on behalf of the department. The Australian Government no longer provides a Port and Date Stamp in travellers passports on departure from Australia without a request. If you need a stamp in your passport, you must ask the Customs officer when you depart Australia. Stamping only on request complements our move towards electronic processing. Australia issues electronic visas and electronically records all movements of passengers into and out of Australia. You can access your own International Movement Records over the 12
counter at any Immigration Office or by sending the form below to your nearest Immigration Office. If there are any issues surrounding your identity or authority to enter Australia, the matter is referred to immigration staff at the airport. Immigration officers may check your travel history, contacts in Australia, or other travel plans. In some cases, you may be formally interviewed to determine further information about your immigration status. The interview is conducted by immigration staff in immigration offices at the airport, and may be recorded. Non-English speaking travellers may be interviewed with the help of an interpreter. If you do not meet immigration clearance requirements, you may be refused entry to Australia and removed immediately. The Australian Government has implemented security measures at Australian airports. You can find further information at the TravelSECURE website. Its purpose is to help you to navigate the security checks at the airport quickly and easily and to ensure you are prepared for your trip.
II. SEAPORT CLEARANCE a. Entry to Australia All persons arriving in Australia by sea on cruise ships and commercial vessels are subject to immigration clearance. This applies whether they disembark the vessel or remain onboard. b. Yachts Information for yachts and superyachts entering and departing Australia. Includes information for yachts travelling to and from Norfolk, Christmas and Cocos Islands. c. Document Requirements On arrival in Australia, all passengers and crew arriving by sea need to have both a valid passport and a valid visa or entry authority to satisfy a clearance officer for immigration clearance. d. Reporting Requirements Masters and agents of all cruise ships and commercial vessels are subject to a range of reporting requirements for immigration purposes, including pre-arrival reports, crew sign-on 13
and sign-off, reporting in the case of desertion or a stowaway, or when medical evacuation is required. e. Special Purpose Visa Information on the visa for military personnel and crew arriving in Australia on foreign military vessels. f. Obligations & Liabilities Obligations and liabilities that may apply to the master, owner, agent, charterer or operator of a vessel under the Migration Act 1958.