Chapter 1


Chapter 1

Introduction

Referral

1.1        The Migration Legislation Amendment (Cessation of Visa Labels) Bill 2015 (the Bill) was introduced into the House of Representatives by the Minister for Trade and Investment, the Hon Andrew Robb MP on behalf of the Minister for Immigration and Border Protection, the Hon Peter Dutton MP, on 11 November 2015.[1]

1.2        On 12 November 2015, pursuant to a report of the Selection of Bills Committee, the Senate referred the provisions of the Bill to the Legal and Constitutional Affairs Legislation Committee (committee) for inquiry and report by 25 February 2016.[2]

Conduct of the inquiry

1.3        In accordance with its usual practice, the committee wrote to a number of individuals and organisations, inviting submissions to the inquiry by 17 December 2015. Details of the inquiry were made available on the committee's website.[3]

1.4        The committee received two submissions to the inquiry, which are listed at Appendix 1. All submissions were published on the committee's website. The committee did not hold a public hearing for this inquiry.

Acknowledgement

1.5        The committee thanks the Department of Immigration and Border Protection (department) and Legal Aid NSW for their submissions.

Purpose of the Bill

1.6        The Migration Legislation Amendment (Cessation of Visa Labels) Bill 2015 is the last legislative requirement to fully implement label free visas by repealing the Migration (Visa Evidence) Charge Act 2012 and amending the Migration Act 1958.[4]

Overview of the Bill

1.7        The Bill comprises 1 Schedule divided into two parts: Part 1 proposes to repeal the Migration (Visa Evidence) Charge Act 2012; and Part 2 contains amendments to the Migration Act.

1.8        The Bill would:

  • repeal the Migration (Visa Evidence) Charge Act 2012 (Part 1);
  • repeal the definitions of visa evidence charge and visa evidence charge limit found in subsection 5(1) of the Migration Act 1958 (Part 2);
  • repeal Subdivision AE of Division 3 of the Migration Act 1958 (Part 2) thus removing the ability of certain persons to request evidence of a visa.[5]

1.9        Schedule 1 of the Bill would commence the day after receiving Royal Assent.[6]

Consideration of the Bill by other committees

Parliamentary Joint Committee on Human Rights

1.10      The Parliamentary Joint Committee on Human Rights considered that the Bill does not require additional comment because it does not raise human rights concerns.[7]

Scrutiny of Bills

1.11      The Senate Standing Committee for the Scrutiny of Bills made no comments on the Bill.[8]

Background

Introduction of payments for visa labels

1.12      On 9 May 2012, the then Minister for Immigration and Citizenship, the Hon Chris Bowen, introduced the Migration (Visa Evidence) Charge Bill 2012 and the Migration (Visa Evidence) Charge (Consequences Amendments) Bill 2012 into the House of Representatives. These Bills became collectively known as the Visa Evidence Charge Bills.

1.13      The Visa Evidence Charge Bills were referred to the Joint Standing Committee on Migration for inquiry and report on 10 May 2012. The Joint Standing Committee on Migration tabled its advisory report on the Bills in the House of Representatives on 18 June 2012[9].

1.14      The Explanatory Memorandum for the Migration (Visa Evidence) Charge Bill 2012, stated that the purpose of the Bills was to amend the Migration Act 1958 and establish a pricing framework for Australia's visa program. The intended outcome of the visa evidence charge was to discourage visa recipients from requesting a visa label. The charge also enabled cost-recovery of immigration processing and generated additional revenue.[10]

1.15      At that time, in accordance with section 70 of the Migration Act, if requested, the then Department of Immigration and Citizenship (DIAC) was required to provide a visa label to any non-citizen who was granted a visa. This service was provided without cost to the visa holder.[11]

1.16      The changes were facilitated by the creation of the online visa validation system, titled Visa Entitlement Verification Online (VEVO), a part of DIAC's five-year 'Transformation Program' that prioritised automation of immigration services.[12]

1.17      The Joint Standing Committee on Migration's report stated that recipients of electronic visas did not usually request a visa label. However, in 2011, 90 per cent of recipients who were issued a visa over the counter did request a visa label. Onshore, the total number of visa evidence requests was 455 000 and overseas there were 910 000 requests.[13] The department acknowledged that the total number of requests for hardcopy visa evidence appeared high; however, this total only amounted to one third of all visas issued.[14]

1.18      The report listed the reasons why visa recipients request a visa label, which included a 'perceived need for evidence for work entitlements, Medicare or Centrelink benefits, for proof to third parties or foreign embassies of the right to return to Australia, or simply as a souvenir'.[15] It was also noted that in some cases a hardcopy visa may be requested to 'comply with local laws to exit or transit to another country'.[16]

1.19      The Joint Committee's report recommended[17] that both Bills be passed without amendment.[18] The Bills were passed with no amendments in the House of Representatives on 21 June 2012 and in the Senate on 23 August 2012. On 12 September 2012, both Bills received Royal Assent.[19]

The cessation of visa labels

1.20      On 11 November 2015, the Minister for Trade and Investment, the Hon Mr Andrew Robb MP advised the House of Representatives that the changes in 2012 and subsequent fee increases have resulted in the demand for visa labels reaching an all-time low[20]. In August 2015 the Department of Immigration and Border Protection (DIBP) issued only 2816 visa labels, compared to 100 000 labels issued per month in 2011.[21] 

1.21      Mr Robb also stated that the cessation of visa labels would result in an estimated regulatory saving per year of $2.89 million. In addition, these changes are in line with the Australian government's digital agenda by making visa processes 'more sustainable into the future with the increasing demand for immigration services'.[22]

1.22      On 1 September 2015 the government introduced the Migration Amendment (Visa Labels) Regulation 2015 (the Regulation) that amended the Migration Regulations 1994 to discontinue the requirement for DIBP to issue visa labels upon request. In the Regulation's Explanatory Statement, the department advised that it had consulted with external stakeholders.[23] In addition to domestic stakeholders, the department, via the Department of Foreign Affairs and Trade (DFAT), consulted with foreign governments about the cessation of issuing visa labels. In the department's submission to this inquiry it stated that:

A small number of countries require a visa label for travel. Although the Department does not have any obligation to continue issuing labels for this small number of countries, alternative arrangements are available where required, including the use of the Department's Border Operations Centre clearance process available 24 hours a day which has already been in place for quite some time.[24]

1.23      The department stated that stakeholders, including foreign governments, 'generally understand and accepted' the cessation of visa labels.[25]

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