Footnotes

CHAPTER 1 - Introduction

[1]        Journals of the Senate, No. 71-24 November 2011, pp 1938-1939.

[2]        Journals of the Senate, No. 80-13 March 2012, p. 2210.

[3]        Senate Legal and Constitutional Affairs References Committee, Interim report for the inquiry into Marriage Visa Classes, 7 June 2012.

[4]        Department of Immigration and Citizenship, Partner Migration (1127), p. 30. The visa holder may also marry the intended spouse overseas, provided there has been at least one entry to Australia on the visa: see p. 32.

[5]        Dr Wendy Southern PSM, Department of Immigration and Citizenship, Estimates Hansard, 13 February 2012, p. 44.

[6]        If the fiancé(e) is under the age of 18 years, the visa applicant must be sponsored by the fiancé(e)'s parent or guardian. Statistics on the number of cases in which this has occurred do not appear to be available: see Department of Immigration and Citizenship, answer to question on notice, received 7 June 2012, p. 6.

[7]        Migration Regulations 1994, Schedule 2, Part 300, clause 300.213.

[8]        Department of Immigration and Citizenship, Submission 2, Attachment 1, p. 3.

[9]        Mr Kruno Kukoc, Department of Immigration and Citizenship, Estimates Hansard, 22 May 2012, p. 61.

[10]      If the visa holder applies offshore for permanent residence in Australia, the relevant visa process is the temporary Partner (subclass 309) visa and permanent Partner (subclass 100) visa.

[11]      Dr Wendy Southern PSM, Department of Immigration and Citizenship, Committee Hansard, 25 May 2012, p. 22.

[12]      The Department of Immigration and Citizenship's website provides an up-to-date list of all immigration offices outside Australia: see http://www.immi.gov.au/contacts/overseas/ (accessed 15 June 2012).

[13]      The form is available online at: http://www.immi.gov.au/allforms/pdf/47sp.pdf (accessed 15 June 2012).

[14]      Current Partner Category Visa Charges are advised online at: http://www.immi.gov.au/allforms/990i/partner.htm (accessed 15 June 2012). The current application fee is AUD$1,995.00.

[15]      Department of Immigration and Citizenship, Submission 2, Attachment 1, p. 3; Mr Kruno Kukoc, Department of Immigration and Citizenship, Estimates Hansard, 22 May 2012, p. 61. The 49 posts are identified in Attachment 1 of the submission.

[16]      Department of Immigration and Citizenship, Submission 2, p. 14.

[17]      Department of Immigration and Citizenship, Submission 2, Attachment 1, p. 3. Precise numbers for each of the top 10 posts are provided in Attachment 1.

[18]      Department of Immigration and Citizenship, Submission 2, Attachment 1, p. 10. Also see Mr Kruno Kukoc, Department of Immigration and Citizenship, Estimates Hansard, 22 May 2012, p. 61 regarding statistics for the financial year 2011-2012.

[19]      Department of Immigration and Citizenship, Submission 2, Attachment 1, pp 2-35 (percentage calculated by the committee).

[20]      Department of Immigration and Citizenship, Submission 2, p. 17. Also see Mr Stephen Allen, Department of Immigration and Citizenship, Committee Hansard, 25 May 2012, pp 23-24 for a further description of the allocation of decision-makers to a post.

[21]      Department of Immigration and Citizenship, Submission 2, Attachment 1, pp 4-7. Attachment 1 of the submission details visa holders' nationalities and the years in which applications were received.

[22]      Department of Immigration and Citizenship, Submission 2, Attachment 1, p. 4 (percentage calculated by the committee).

[23]      Department of Immigration and Citizenship, Submission 2, Attachment 1, p. 10. There are, however, some  cases in which age is indeterminate for applicants and/or sponsors: see Dr Wendy Southern PSM and Mr Stephen Allen, Department of Immigration and Citizenship, Committee Hansard, 25 May 2012, p. 24.

[24]      Department of Immigration and Citizenship, Submission 2, Attachment 1, pp 11-35.

[25]      Department of Immigration and Citizenship, Submission 2, Attachment 1, p. 10. These rates are slightly lower than those for all Prospective Marriage visa applications – see paragraph 1.11.

[26]      Department of Immigration and Citizenship, Submission 2, Attachment 1, pp 11 and 15-18.

[27]      Department of Immigration and Citizenship, Submission 2, Attachment 1, pp 12-14, pp 19-20 and pp 28-35.

[28]      Department of Immigration and Citizenship, Submission 2, Attachment 1, pp 21-22.

[29]      Department of Immigration and Citizenship, Submission 2, Attachment 1, p. 8.

[30]      Department of Immigration and Citizenship, Submission 2, Attachment 1, p. 8; Department of Immigration and Citizenship, answer to question on notice, received 7 June 2012, p. 6.

[31]      A large proportion of these persons sponsored applicants from Lebanon: see Department of Immigration and Citizenship, Submission 2, Attachment 1, p. 8.

[32]      Department of Immigration and Citizenship, Submission 2, Attachment 1, p. 8.

[33]      Department of Immigration and Citizenship, Submission 2, Attachment 1, pp 11-13, 15, 19, 21, 23, 29, 31 and 35.

CHAPTER 2 - Eligibility criteria

[1]        Migration Regulations 1994, Schedule 2, Part 300, clause 300.215.

[2]        Migration Regulations 1994, Schedule 2, Part 300, clause 300.214. It is departmental policy that the visa applicant and sponsor must have met as adults: see Department of Immigration and Citizenship, Submission 2, p. 7.

[3]        Migration Regulations 1994, Schedule 2, Part 300, clause 300.216.

[4]        Migration Regulations 1994, Schedule 2, Part 300, clause 300.221A-B. A legal impediment would include, for example, one of the parties already being married or not being of 'marriageable age' – 18 years-old – within the visa period.

[5]        Department of Immigration and Citizenship, Submission 2, p. 7. Also see Department of Immigration and Citizenship, answer to question on notice, received 7 June 2012, pp 7-8 describing for which country, or countries, each top 10 post is responsible for deciding applications.

[6]        Department of Immigration and Citizenship, Submission 2, p. 8.

[7]        Department of Immigration and Citizenship, Submission 2, p. 7. In addition to the eligibility criteria, a number of integrity measures are contained in visa processing arrangements. For example, Regulation 120J (limitations on sponsorship) and 120KB (mandatory police checks and restrictions on child sex offences): see Department of Immigration and Citizenship, Submission 2, p. 22.

[8]        Department of Immigration and Citizenship, Submission 2, p. 21; Department of Immigration and Citizenship, Partner Migration (1127), p. 32.

[9]        See Ms Jannaha Schillaci, Hall & Wilcox Lawyers, Submission 3, p. 2.

[10]      See Ms Jannaha Schillaci, Hall & Wilcox Lawyers, Submission 3, p. 2.

[11]      Submission 2, p. 3.

[12]      Submission 2, p. 21.

[13]      This can be contrasted to the Partner visa program to which Regulation 1.15A applies where 'genuineness' is a specific criterion.

[14]      Submission 3, p. 2.

[15]      Subsection 56(1) of the Migration Act 1958.

[16]      Subsections 56(2) and 58(1) of the Migration Act 1958.

[17]      Department of Immigration and Citizenship, Submission 2, p. 22.

[18]      Submission 2, p. 23.

[19]      The Bona Fides Units were established in early 2002 to conduct intensive investigations in cases of suspected fraud: see Department of Immigration and Multicultural and Indigenous Affairs, Annual Report 2004-05, pp 46-47.

[20]      Submission 2, p. 23.

[21]      Submission 2, p. 23.

[22]      Submission 4, pp 8-9 and p. 11. Also see, for example, Immigration Advice & Rights Centre, Submission 9, p. 3 in relation to interviewing sponsors as part of the application process.

[23]      Answer to question on notice, received 7 June 2012, p. 1. Also see Dr Wendy Southern PSM and Mr Stephen Allen, Department of Immigration and Citizenship, Committee Hansard, 25 May 2012, pp 18-19.

[24]      Committee Hansard, 25 May 2012, p. 4.

[25]      Mr Stephen Allen, Department of Immigration and Citizenship, Committee Hansard, 25 May 2012, p. 20. Also see Dr Wendy Southern PSM, Department of Immigration and Citizenship, Committee Hansard, 25 May 2012, pp 19-20 for additional comments on the proposal.

[26]      Submission 2, p. 20.

[27]      Submission 2, p. 20.

[28]      Mr Stephen Allen, Department of Immigration and Citizenship, Committee Hansard, 25 May 2012, p. 19.

[29]      Submission 2, p. 26.

[30]      Mr Stephen Allen, Department of Immigration and Citizenship, Committee Hansard, 25 May 2012, p. 25.

[31]      Mr Kruno Kukoc, Department of Immigration and Citizenship, Committee Hansard, 25 May 2012, p. 24.

[32]      Department of Immigration and Citizenship, Submission 2, p. 20.

[33]      Department of Immigration and Citizenship, Submission 2, p. 20.

[34]      Mr Stephen Allen, Department of Immigration and Citizenship, Committee Hansard, 25 May 2012, p. 25.

[35]      Submission 2, p. 20.

[36]      Mr Stephen Allen, Department of Immigration and Citizenship, Committee Hansard, 25 May 2012, p. 25.

[37]      Section 11 of the Marriage Act 1961.

[38]      Subsections 12(1) and 12(2) of the Marriage Act 1961. A court order made in accordance with these provisions is valid for three months: see subsection 12(5).

[39]      Migration Regulations 1994, Schedule 2, Part 300, clause 300.221B.

[40]      Dr Wendy Southern PSM, Department of Immigration and Citizenship, Estimates Hansard, 13 February 2012, p. 44.

[41]      Sub-paragraph 23(1)(d)(i) of the Marriage Act 1961.

[42]      Migration Regulations 1994, Schedule 2, Part 300, clause 300.221A.

[43]      Submission 7, p. 2.

[44]      Submission 7, p. 3. Also see Mr Bill Gerogiannis, NSW Legal Aid, Committee Hansard, 25 May 2012, p. 14.

[45]      Submission 9, pp 2-3.

[46]      Submission 3, p. 3.

CHAPTER 3 - Fraud

[1]        Dr Wendy Southern PSM and Mr Kruno Kukoc, Department of Immigration and Citizenship, Estimates Hansard, 13 February 2012, pp 42-43. Also see the Hon. Chris Bowen MP, Minister for Immigration and Citizenship, House Hansard, 9 February 2012, Question No. 751, p. 139 regarding the detection of fraud in applications lodged since 1 July 2007. The committee notes that statistical information would be available from a manual examination of the case files.

[2]        Submission 2, p. 18.

[3]        Mr Kruno Kukoc, Department of Immigration and Citizenship, Estimates Hansard, 13 February 2012, p. 43.

[4]        Submission 2, p. 18. Also see Mr Kruno Kukoc, Department of Immigration and Citizenship, Committee Hansard, 25 May 2012, p. 28.

[5]        Submission 2, p. 18.

[6]        Department of Immigration and Citizenship, Submission 2, p.18 and Attachment 1, p. 10. The committee did not receive any statistics regarding visa holders who have applied offshore for the temporary Partner (subclass 309) visa.

[7]        Department of Immigration and Citizenship, answer to question on notice, received 7 June 2012, p. 1. The sample size was 85% of the cohort and excluded cases where data error prevented the return of an automated data match.

[8]        Submission 2, p. 18. Failure to marry an intended spouse could also reflect one party's lack of intent to marry the other party such as would occur in the case of a sham marriage used to facilitate the trafficking in persons: see Australian Law Reform Commission, Submission 1, p. 2. R v Kovacs [2008] QCA 417 (23 December 2008) illustrated such a case.

[9]        Submission 1, p. 1. Also see Coalition Against Trafficking in Women Australia, Submission 4, p. 9.

[10]      Submission 1, p. 1, Submission 7, pp 3-4, and Submission 9, pp 4-5, respectively.

[11]      Australian Law Reform Commission, Family Violence and Commonwealth Laws – Improving Legal Frameworks, Report 117 (2012), Recommendation 20-1.

[12]      Submission 3, pp 3-4.

[13]      Ms Andrea Christie-David, Immigration Advice and Rights Centre, Committee Hansard, 25 May 2012, p. 14.

[14]      See Submission 1, p. 2, quoting Australian Law Reform Commission, Family Violence and Commonwealth Laws – Improving Legal Frameworks, Report 117 (2012), Department of Immigration and Citizenship, Submission CFV 121.

[15]      Department of Immigration and Citizenship, answer to question on notice, received 7 June 2012, p. 8; Attorney-General's Department, answer to question on notice, received 4 June 2012, p. 1.

[16]      Submission 4, pp 9-10.

[17]      Mr Kruno Kukoc, Department of Immigration and Citizenship, Committee Hansard, 25 May 2012, p. 21. Also see Dr Wendy Southern, Department of Immigration and Citizenship, Committee Hansard, 25 May 2012, p. 21.

[18]      Mr Kruno Kukoc, Department of Immigration and Citizenship, Committee Hansard, 25 May 2012, p. 21.

[19]      Submission 2, pp 18-19 (percentages calculated by the committee). The committee did not receive any statistics regarding visa holders who have applied offshore for the temporary Partner (subclass 309) visa and permanent Partner (subclass 100) visa.

[20]      Department of Immigration and Citizenship, Submission 2, pp 18-19.

[21]      Submission 2, p. 24.

[22]      Other integrity measures identified in the Department's submission include the Operational Integrity Network, integrity officers, and ongoing risk monitoring: see Submission 2, p. 24. For further information regarding the role of integrity officers, see Mr Stephen Allen, Department of Immigration and Citizenship, Committee Hansard, 25 May 2012, pp 18-19.

[23]      Submission 2, p. 24.

[24]      Submission 2, p. 24.

[25]      See Estimates Hansard, 22 May 2012, pp 60-61.

[26]      The Department has taken the relevant questions on notice and, as at the date of writing, answers to these questions have not been provided.

[27]      Division 12 of Part 2 of the Migration Act 1958.

[28]      The penalty is 10 years imprisonment or 1,000 penalty points (AUD$110,000), or both.

[29]      See sections 240-241 and 245 of the Migration Act 1958 for offences committed by third parties and section 243 of the Migration Act 1958 for offences committed by visa applicants and sponsors.

[30]      See section 237 of the Migration Act 1958.

[31]      Submission 2, p. 25. The submission provides additional commentary on the difficulties of proving an offence, namely, the credibility of witnesses who are a party to the alleged crime.

[32]      Submission 2, pp 19 and 24.

[33]      Dr Wendy Southern PSM, Department of Immigration and Citizenship, Estimates Hansard, 22 May 2012, pp 61-62. Dr Southern also described the legislative basis on which the 65 visas were cancelled in the 2011-12 financial year.

[34]      Dr Wendy Southern PSM, Department of Immigration and Citizenship, Committee Hansard, 25 May 2012, pp 20-21.

[35]      See Coalition Against Trafficking in Women Australia, Submission 4; Australian Institute of Criminology, Submission 5; Immigration Advice and Rights Centre, Submission 9.

CHAPTER 4 - Arranged and forced marriages

[1]        Attorney-General's Department, Discussion Paper – Forced and Servile Marriage, 2010, p. 4. The committee acknowledges that this definition does not take into account the pressure that can be placed upon a party to accept the arrangements: see Coalition Against Trafficking in Women Australia, Submission 4, pp 7-8; NSW Legal Aid, Submission 7, Attachment, p. 2.

[2]        UK Government, Forced Marriage Unit, What is a Forced Marriage?, February 2011, p. 1. Also see Coalition Against Trafficking in Women Australia, answer to question on notice, received 31 May 2012, p. 3.

[3]        Submission 2, p. 19.

[4]        Submission 2, p. 19.

[5]        Department of Immigration and Citizenship, Submission 2, Attachment 1, p. 2 (percentage calculated by the committee).

[6]        Submission 2, p. 25.

[7]        [2011] FamCa 22 (18 January 2011).

[8]        [2011] FamCa 22 (18 January 2011) at 41 per Cronin J. Also see NSW Legal Aid, Submission 7, p. 4.

[9]        Department of Immigration and Citizenship, Submission 2, pp 26-27. Also see Migration Regulations 1994, Schedule 2, Part 300, clauses 300.214-300.216.

[10]      Dr Wendy Southern PSM and Mr Robert Day, Department of Immigration and Citizenship, Committee Hansard, 25 May 2012, p. 27.

[11]      Submission 3, p. 3, Submission 7, p. 4 and Submission 9, p. 2, respectively.

[12]      See Padraic Murphy, 'Child bride shame prompts call for inquiry', The Advertiser, 7 November 2011; Simon Lauder, 'Hundreds of girls brought to Australia by older men', ABC News, 8 November 2011.

[13]      Submission 4, p. 7.

[14]      Submission 4, pp 7-8.

[15]      Submission 4, pp 7-8.

[16]      Submission 2, pp 3 and 27. See Attorney-General's Department, Discussion Paper – Forced and Servile Marriage, 2010, p. 6 for similar comments.

[17]      Submission 2, p. 3.

[18]      See, for example, Rev. Peter Curtis, Submission 6; Ms Emma Davidson, Submission 8; ABC Four Corners, 'Without Consent', 29 March 2012; Padraic Murphy, 'Hundreds of teens flown in to marry older Australians', Herald Sun, 7 November 2011; Dr Adam Tomison, Australian Institute of Criminology, Committee Hansard, 25 May 2012, p. 11; Ms Louisa McKimm, Immigration Advice and Rights Centre, Committee Hansard, 25 May 2012, p. 15.

[19]      [2010] FamCA 742 (24 August 2010).

[20]      [2010] FMCAfam 508 (6 May 2010).

[21]      Submission 2, p. 27. Also see Mr Bill Gerogiannis, NSW Legal Aid, Committee Hansard, 25 May 2012, p. 15 regarding the incidence of forced marriage encountered by NSW Legal Aid.

[22]      Submission 7, p. 5. Also see Ms Jannaha Schillaci, Hall & Wilcox Lawyers who submitted that the eligibility criteria can effectively distinguish between legitimate applications and those based on forced marriages, provided decision-makers focus on the parties' intentions: Submission 3, p. 3.

[23]      Submission 4, p. 5.

[24]      Submission 4, p. 12.

[25]      Submission 5, p. 3.

[26]      Submission 5, p. 7.

[27]      [2008] QCA 417 (23 December 2008).

[28]      [2008] NSWDC 53 (20 March 2008).

[29]      [2009] FamCA 311.

[30]      Submission 5, p. 5. The three cases cited are briefly discussed in Australian Institute of Criminology, Submission 5, p. 6.

[31]      Submission 2, p. 28.

[32]      Submission 2, p. 28.

[33]      Submission 2, p. 28.

[34]      Committee Hansard, 25 May 2012, p. 8. Also see Ms Kaye Quek, Coalition Against Trafficking in Women Australia, Committee Hansard, 25 May 2012, pp 2-3 in relation to separate interviews as a means of encouraging voluntary disclosure.

[35]      Committee Hansard, 25 May 2012, p. 10.

[36]      Submission 4, p. 11.

[37]      Although evidence to the committee mainly referred to female victims, and the language of the report reflects this evidence, the committee acknowledges that forced marriage is gender neutral and may also affect male victims. In relation to male victims, see, for example, Ms Louisa McKimm, Immigration Advice and Rights Centre, Committee Hansard, 25 May 2012, p. 15.

[38]      Submission 4, pp 9 and 12.

[39]      Submission 4, p. 10. Also see Ms Kaye Quek, Coalition Against Trafficking in Women Australia, Committee Hansard, 25 May 2012, p. 5; Coalition Against Trafficking in Women Australia, answer to question on notice, received 31 May 2012, pp 1-3.

[40]      Dr Wendy Southern PSM, Department of Immigration and Citizenship, Committee Hansard, 25 May 2012, p. 17.

[41]      UK Immigration Rules 1994 (HC395), Rule 277 (spouse or civil partner), Rule 289AA (fiancé(e) or proposed civil partner), and Rule 295AA (unmarried or same-sex partner), available at: http://www.official-documents.gov.uk/document/hc9394/hc03/0395/0395.pdf  (accessed 15 June 2012).

[42]      UK Government, Explanatory Memorandum to The Statement of Changes In Immigration Rules Presented to Parliament on 7 November 2011, p. 2. Also see UK Government, Home Office and UK Border Agency, Marriage visas: the way forward, July 2008, p. 13, available at: http://michaeljameshall.files.wordpress.com/2011/03/marriagevisasthewayforward.pdf (accessed 15 June 2012).

[43]      UK House of Commons, Home Affairs Select Committee, Eighth Report of Session 2010-2012 on Forced Marriage, May 2011, paras 17-18.

[44]      R (on the application of Quila and another) (FC) v Secretary of State for the Home Department and R (on the application of Bibi and another) (FC) v Secretary of State for the Home Department [2011] UKSC 45. The judgment is available at: http://www.supremecourt.gov.uk/decided-cases/docs/UKSC_2011_0024_Judgment.pdf  (accessed 15 June 2012).

[45]      UK Government, Statement of Changes in Immigration Rules, 7 November 2011, p. 4. Also see UK Home Office, UK Border Agency, Fiancé or proposed civil partner of a British citizen or settled person, available at: http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/fiancee-proposed-cp/ (accessed 15 June 2012).

[46]      Department of Immigration and Citizenship, Additional Information, received 7 June 2012.

[47]      Committee Hansard, 25 May 2012, p. 7.

[48]      Committee Hansard, 25 May 2012, p. 9. Also see Ms Andrea Christie‑David, Immigration Advice and Rights Centre, Committee Hansard, 25 May 2012, p. 16 for similar comments.

[49]      Ms Andrea Christie-David, Immigration Advice and Rights Centre, Committee Hansard, 25 May 2012, p. 13.

[50]      Committee Hansard, 25 May 2012, p. 15.

[51]      Forced Marriage Unit, Multi-agency practice guidelines: Handling cases of Forced Marriage, June 2009, p. 18. Also see subsection 63Q(1) of the Forced Marriage (Civil Protection) Act 2007 (UK) allowing the UK Secretary of State to prepare and publish guidance, available at: http://www.legislation.gov.uk/ukpga/2007/20/contents (accessed 15 June 2012).

[52]      UK Government, Forced Marriage Unit, The Right to Choose: Multi-agency statutory guidance for dealing with forced marriage, January 2010, pp 6-7. The statutory guidance covers a wide range of issues – for example: staff training and awareness-raising; effective inter-agency working and information-sharing; monitoring and evaluation; and risk assessment.

[53]      UK Government, Forced Marriage Unit, Multi-agency practice guidelines: Handling cases of Forced Marriage, June 2009, p. 15.

[54]      Submission 4, p. 12.

[55]      Mr Stephen Allen, Department of Immigration and Citizenship, Committee Hansard, 25 May 2012, p. 22.

[56]      Submission 2, p. 29.

[57]      Submission 2, p. 28.

[58]      PM David Cameron, Forced Marriage to become a criminal offence, Number 10 Downing Street Press Release, 8 June 2012, available at: http://www.number10.gov.uk/news/forced-marriage-to-become-criminal-offence/ (accessed 15 June 2012); Alan Travis, 'Forced marriage to become criminal offence: David Cameron confirms', The Guardian, 8 June 2012.

[59]      The Forced Marriage (Civil Protection) Act 2007 (UK) is available at: http://www.legislation.gov.uk/ukpga/2007/20/contents (accessed 15 June 2012). It now comprises Part 4A of the Family Law Act 1996 (UK).

[60]      UK Home Office, Forced Marriage Consultation, December 2011, p. 5. Also see Ministry of Justice, Court Statistics Quarterly, October to December 2011, Ministry of Justice Statistics Bulletin, 29 March 2012, p. 42, available at: http://www.justice.gov.uk/downloads/statistics/courts-and-sentencing/court-stats-quarterly-q4-2011.pdf (accessed 15 June 2012).

[61]      Ms Kaye Quek, Coalition Against Trafficking in Women Australia, Committee Hansard, 25 May 2012, p. 5.

[62]      Coalition Against Trafficking in Women Australia, answer to question on notice, received 31 May 2012, p. 4.

[63]      See Department of Immigration and Citizenship, Submission 2, pp 28-29.

[64]      The FMU received 157 responses from across the United Kingdom, with 34% of respondents supporting the criminalisation of forced marriage: see Foreign & Commonwealth Office and Home Office, Forced Marriage: A wrong not a right, Summary of responses to the consultation on the criminalisation of forced marriage, 7 June 2006, p. 11, available at: http://www.scotland.gov.uk/Resource/Doc/1137/0079812.pdf (accessed 15 June 2012).

[65]      Foreign & Commonwealth Office and Home Office, Forced Marriage: A wrong not a right, Summary of responses to the consultation on the criminalisation of forced marriage, 7 June 2006, p. 11, available at: http://www.scotland.gov.uk/Resource/Doc/1137/0079812.pdf (accessed 15 June 2012).

[66]      UK Government, Forced Marriage Unit, The Right to Choose: Multi-agency statutory guidance for dealing with forced marriage, January 2010, p. 5.

[67]      UK House of Commons, Home Affairs Select Committee, Eighth Report of Session 2010-2012 on Forced Marriage, May 2011, para 12.

[68]      UK Government, The Government's response to the Eighth Report from the Home Affairs Committee, Session 2012-12 HC 880, p. 3, available at: http://www.official-documents.gov.uk/document/cm81/8151/8151.pdf (accessed 15 June 2012).

[69]      UK Government, Home Office, Forced Marriage Consultation, December 2011, p. 4. The consultation also covers the issue of how the Government might approach the criminalisation of breaches of the Forced Marriage (Civil Protection) Act 2007 (UK).

[70]      PM David Cameron, Forced Marriage to become a criminal offence, Number 10 Downing Street Press Release, 8 June 2012, available at: http://www.number10.gov.uk/news/forced-marriage-to-become-criminal-offence/ (accessed 15 June 2012).

[71]      Ashiana Network, Response to Forced Marriage Consultation, March 2012, pp 9-10 (emphasis in the original), available at: http://www.ashiana.org.uk/attachments/article/5/Ashiana%20Network%20Response%20to%20Forced%20Marriage%20Consultation%202012.pdf (accessed 15 June 2012).

[72]      Submission 2, p. 29.

[73]      House of Representatives, Votes and Proceedings, No. 111- 30 May 2012, p. 1521.

[74]      Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Bill 2012, Explanatory Memorandum, p. 1.

[75]      Submission 5, p. 5.

[76]      Ms Sarah Chidgey, Attorney-General's Department, Committee Hansard, 25 May 2012, p. 23. The committee notes that the responses to the consultation process were not published.

[77]      Dr Wendy Southern PSM, Department of Immigration and Citizenship, Committee Hansard, 25 May 2012, p. 18.

[78]      Committee Hansard, 25 May 2012, p. 14. Also see NSW Legal Aid, Submission 7, Attachment, p. 6.

[79]      Answer to question on notice, received 31 May 2012, p. 4.

[80]      Submission 2, p. 29.

[81]      Ms Kaye Quek, Coalition Against Trafficking in Women Australia, Committee Hansard, 25 May 2012, p. 3.

[82]      UK Home Office, Report of the working group on forced marriage, A choice by right, June 2000, pp 11 and 28.

[83]      Committee Hansard, 25 May 2012, p. 6.

[84]      Dr Adam Tomison and Ms Laura Beacroft, Australian Institute of Criminology, Committee Hansard, 25 May 2012, pp 7, 10 and 11-12.

[85]      Committee Hansard, 25 May 2012, p. 11.

[86]      Submission 8, p. 2.

[87]      Committee Hansard, 25 May 2012, p. 8. Also see Ms Laura Beacroft, Australian Institute of Criminology, Committee Hansard, 25 May 2012, p. 10.

[88]      Committee Hansard, 25 May 2012, p. 4. Also see NSW Legal Aid, Submission 7, p. 5.

[89]      Answer to question on notice, received 31 May 2012, pp 4-5.

CHAPTER 5 - Committee view and recommendations

[1]        Department of Immigration and Citizenship, Submission 2, Attachment 1, p. 10.

[2]        Department of Immigration and Citizenship, Submission 2, p.18 and Attachment 1, p. 10.

[3]        Department of Immigration and Citizenship, Submission 2, Attachment 1, p. 10.

[4]        Department of Immigration and Citizenship, Submission 2, Attachment 1, p. 8; Department of Immigration and Citizenship, answer to question on notice, received 7 June 2012, p. 6. 

[5]        Department of Immigration and Citizenship, Submission 2, p.18.

[6]        Mr Kruno Kukoc and Mr Stephen Allen, Department of Immigration and Citizenship, Committee Hansard, 25 May 2012, pp 24-25.

[7]        Department of Immigration and Citizenship, answer to question on notice, received 7 June 2012, p. 1.

[8]        UK House of Commons, Home Affairs Select Committee, Eighth Report of Session 2010-2012 on Forced Marriage, May 2011, para 17.

[9]        Dr Wendy Southern PSM, Department of Immigration and Citizenship, Committee Hansard, 25 May 2012, p. 17.

[10]      Dr Wendy Southern PSM, Department of Immigration and Citizenship, Committee Hansard, 25 May 2012, p. 18.

[11]      Submission 2, p. 18.

[12]      Submission 1, p. 1.

[13]      Department of Immigration and Citizenship, Submission 2, p. 25.

[14]      Submission 2, p. 19.

[15]      Dr Wendy Southern PSM and Mr Robert Day, Department of Immigration and Citizenship, Committee Hansard, 25 May 2012, p. 27.

[16]      Department of Immigration and Citizenship, Submission 2, p. 28.

[17]      Dr Adam Tomison, Australian Institute of Criminology, Committee Hansard, 25 May 2012, p. 11.

[18]      Ms Kaye Quek, Coalition Against Trafficking in Women Australia, Committee Hansard, 25 May 2012, p. 6.

[19]      Answer to question on notice, received 31 May 2012, pp 4-5.

[20]      Department of Immigration and Citizenship, Submission 2, p. 29.