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January 12, 2012 – For many years, Australia has been struggling with problems on illegal immigrants.

As of 30 June 2009, the Department of Immigration and Citizenship had estimated that some 48 700 people were unlawfully entered in Australia and around 80 per cent of these people are of working age. Moreover, some people who are lawfully in Australia are working in breach of their visas to Australia conditions.

Likewise, DIAC revealed that the top three industries in which illegal workers were located included agriculture, forestry, and fishing (largely farming); accommodation, cafes and restaurants, and construction.

Australia’s Migration Act 1958 regulates, in accordance to national interest, the lawful entry and stay of people in Australia. The act requires all non-citizens wanting to visit Australia to apply for, and be granted, a visa of Australia to enter Australia.

Non-citizens who don’t have any valid visas for Australia entitling them to remain in Australia and are in the migration zone are considered by the Australian government as unlawful non-citizens.

Under Australia’s Migration Act 1958, these unlawful non-citizens who are in Australia’s migration zone are mandated to be detained and that, unless they are granted permission to remain in Australia, they must be removed as soon as reasonably practicable. However, those who are found to be refugees are released from immigration detention immediately, subject to health and character requirements.

Australia has a mandatory immigration detention policy that was introduced in 1992 and expanded in 1994. It has since been maintained by successive governments with bipartisan support in parliament.

Australia’s Immigration policy has often been controversial. In July 2008, Kevin Rudd’s Labor government announced a fundamental shift in immigration detention policy delivered in his ‘New Directions in Detention’ speech. The new policy was aimed to provide fairer, more independent, and transparent processing arrangements for asylum seekers who arrive at an excised offshore place. The reforms involved the implementation of a new processing regime for unauthorized arrivals on Christmas Island and the introduction of seven ‘Key Immigration Detention Values’. These key values will serve to guide detention policy and practices into the future.

Currently, there is a new migration law that would refuse convicted detainees from getting any visas Australian.

Under the Migration Amendment Bill 2011 (Strengthening the Character Test and Other Provisions), any detainees charged and convicted of a criminal offense while in immigration detention can be refused any Australian visa or even have a Australian visa cancelled upon the discretion of the Minister for Immigration.

The bill was created and was passed in May by the House of Representatives following the aftermath of the riots that occurred earlier this year at the immigration detention centers at Christmas Island and Villawood.

source:
nationalobserver.net