Chapter 2
Key issue
2.1
Legal Aid NSW raised a concern regarding the cessation of visa labels in
relation to the ability of a person to produce evidence of their immigration
status in Australia when questioned by police agencies. Its submission stated
visa grant letters are usually sent by email to recipients and these letters
can be lost or damaged over time, therefore:
A visa grant label contained in the client's passport is a
more enduring form of evidence. In particular, Legal Aid NSW is concerned that
when arrested by NSW Police, the visa label may be the only tangible record of
the client's immigration status in Australia.[1]
2.2
As a result, without a visa label, a person 'may not have access to an
email account or electronic copy of their visas' when questioned by police.[2]
2.3
Legal Aid NSW recommended that state and federal police agencies should
have access to technology that would allow for 'swift confirmation of a
person's visa status'.[3]
Access to this form of technology would prevent occurrences of prolonged
detention while a person's immigration status is verified.[4]
2.4
The department, in response to this concern, informed the committee that
state and territory police are able 'to confirm or query an individual's
immigration status'[5]
through its Immigration Status Service (ISS). The ISS is managed 24 hours a
day, seven days a week, and can be contacted by phone or email. Alternatively,
the department advised the committee that state and territory police also have
access to Visa Entitlement Verification Online to determine whether an
individual's visa enables them to remain in Australia.[6]
2.5
State and territory police authorities:
[H]ave access to the most up to date visa status information,
reflecting any changes that may have occurred over time, including where a visa
may have ceased or been cancelled, or a person may have moved to a different
visa type.[7]
2.6
The department also noted in its submission that a small number of
countries still require a visa label for travel. The Department of Immigration
and Border Protection (DIBP) reported that in these situations, alternative
arrangements would be available to clients, such as the use of the department's
Border Operations Centre clearance process.[8]
Committee view
2.7
The committee notes, and as discussed in chapter 1, that demand for visa
labels has been decreasing and has reached an all-time low. The Bill would
improve efficiency and is expected to result in savings of $2.89 million per
year.
2.8
On that basis, and given DIBP's response to Legal Aid NSW's concern (as
well as the absence of other concerns being raised in relation to the Bill) the
committee recommends that the Bill be passed.
Recommendation 1
2.9
The committee recommends that the Bill be passed.
Senator the Hon Ian
Macdonald
Chair
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