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Administration and operation of the Migration Act 1958 2 March 2006 © Commonwealth of Australia 2006 ISBN 0 642 71547 5

View the report as a single document - (PDF 4692KB)

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View the report as separate downloadable parts:

Members of the References Committee	(PDF 141KB)
Abbreviations	(PDF 133KB)
Recommendations	(PDF 145KB)
Introduction	(PDF 164KB)
Referral of the Inquiry Background to the inquiry Scope of the inquiry Conduct of the inquiry Structure of the report
Chapter 1 - Ministerial Responsibility	(PDF 204KB)
Cultural problems within DIMIA Ministerial responsibility Personal responsibility Were Ministers aware of DIMIA's cultural problems? Committee view
Chapter 2 - Processing of protection visa applications	(PDF 374KB)
Issues raised during this inquiry Inconsistent and arbitrary decision-making by DIMA Delays in processing applications, advising decisions and issuing visas Failure to interview protection visa applicants Use of inadequate and inappropriate interpretation services Lack of appropriate knowledge, information and training Questionable quality of information used in decision making The existence of an adversarial and hostile culture within DIMA Restrictions on applicants' access to legal advice and assistance
Chapter 3 - Secondary assessment of visa applications	(PDF 364KB)
Criticism of secondary assessment procedures Further avenues for review Committee view
Chapter 4 - Ministerial discretion	(PDF 299KB)
Statutory framework Concerns raised in earlier inquiries Concerns raised during this inquiry Committee view
Chapter 5 - Mandatory detention policy	(PDF 253KB)
Introduction History of the policy of mandatory detention Criticisms of the policy Alternatives to mandatory detention Committee view
Chapter 6 - Mandatory detention in practice	(PDF 313KB)
The use of detainee labour Penal approach to immigration detention Allegations of mistreatment Health standards and medical care of detainees Poor food Detention costs Alternative approaches to mandatory detention Committee view
Chapter 7 - Outsourcing of management of immigration centres	(PDF 290KB)
Background Recent reports relating to outsourcing arrangements Government response to recent reports on outsourcing arrangements Criticisms of outsourcing arrangements at immigration detention centres Recommendations for change Committee view
Chapter 8 - Temporary visas, bridging visas, and cost shifting	(PDF 271KB)
Temporary Protection Visas Bridging Visas Humanitarian Program – cost shifting Committee view
Chapter 9 - Removal and deportation	(PDF 297KB)
Removal of unlawful non-citizens from Australia Deportation of long term Australian residents Failure to monitor after removal or deportation Committee view
Chapter 10 - Student visas	(PDF 236KB)
Relevant legislation Importance of overseas students to Australia Student awareness of migration law and policy Student visa cancellations Administration and enforcement issues – recent cases Detention of students Committee view
Additional comments from the Australian Democrats	(PDF 189KB)
Additional comments from the Australian Greens	(PDF 151KB)
Dissenting report by Government Senators	(PDF 179KB)
Appendix 1 - Submissions received and tabled documents	(PDF 122KB)
Appendix 2 - Witnesses who apepared before the committee	(PDF 107KB)
Appendix 3 - Palmer Report - Findings and recommendations and Government Response (Available in PDF format only)	(PDF 2053KB)
Appendix 4 - Comrie Report - Findings and Recommendations and Government Response (Available in PDF format only)	(PDF 722KB)
Appendix 5 - The processing of visa applications - background	(PDF 258KB)
Appendix 6 - Government Response to the Seante Legal and Constitutional References Committee's report 'A sanctuary under review' (Available in PDF format only)	(PDF 175KB)
Appendix 7 - Recommendations of the Senate Select Committee on Ministerial Discretion in migration matters	(PDF 175KB)
Appendix 8 - Recommendations of the Senate Foreign Affairs, Defence and Trade Committee report on Vivian Solon	(PDF 155KB)
Appendix 9 - Interim procedure for independant medical opinions	(PDF 128KB)

For further information, contact:

Committee Secretary
Senate Standing Committees on Legal and Constitutional Affairs
PO Box 6100
Parliament House
Canberra ACT 2600
Australia

Phone:	+61 2 6277 3560
Fax:	+61 2 6277 5794
Email:	legcon.sen@aph.gov.au