INFORMATION FOR STAKEHOLDERS EXTERNAL TO DIAC :

Onshore processing/bridging visas for IMAs ( 25 Nov 2011)

THE FIRST GROUP

The 27 people in the first group are all adult men who have been in detention for 15 months or more.

·    They have been through an appropriate assessment process and do not raise health, security or character concerns.

·    The majority are of Sri Lankan or Afghan nationality.

·    They were previously accommodated at facilities across the detention network. These 27 people have come from seven different facilities but are simply the first group released in an ongoing staged process.  People from other facilities will be released in subsequent groups.

·    The men in this group have either been found to be owed Australia’s protection and are awaiting final checks before they can be granted a permanent visa, or are seeking merits review of their case.

ELIGIBILITY

How quickly will people be moved out of detention?

·    There will be a staged process to assess the detention population for suitability for grant of a bridging visa and placement in the community.

·    A specific target for release has not been set and will vary from week to week.  However, it is expected that the initial rate of release will be up to 100 people per month. 

Is there any particular set of criteria which people in detention will have to meet?

·    There will be case-by-case consideration of whether to grant a bridging visa to an IMA while their protection processing is undertaken. 

·    Initial priority will be given to longer-term cases and vulnerable people.

·    People will need to have completed initial checks including health, security and identity prior to being considered for release onto a bridging visa. 

·    Other key considerations include cooperation with the department and behaviour while in detention.

·    People who pose an unacceptable risk to the community will remain in an immigration detention facility.

Will it only be single men? What about families and children?

·    All clients will be assessed for eligibility and suitability for grant of bridging visas.

·    It is important to remember that many families and children are already accommodated in the community under community detention arrangements.

·    Given the special duty of care and guardianship issues relating to unaccompanied minors, at this stage, they will continue to be accommodated in community detention arrangements.

Will community detention still be used as well as bridging visas? Will people transition from community detention on to bridging visas?

·     The government will continue to use the successful community detention program for more vulnerable clients, given the additional support that this program provides.

·     In particular, unaccompanied minors will, at this stage, continue to be accommodated in community detention arrangements, given the special duty of care and guardianship issues that they present.

·     The Department of Immigration and Citizenship will continue to monitor the placement of all people who remain in immigration detention to ensure that they are accommodated appropriately for their individual circumstances.

·     Bridging visas simply add to the flexibility of the existing detention network, which ranges from higher security facilities, such as immigration detention centres, through to lower security facilities such as APODs, immigration residential housing and immigration transit accommodation, through to community detention for low-risk and vulnerable clients with special needs.

Long-term cases – will there be any change or a time limit applied to detention?

·     People who have been in detention for long periods of time are a priority for consideration for community placement.

·     The government does not believe that it is appropriate to institute a fixed time limit for immigration detention, as there will always be people for whom longer detention will be necessary due to the risk they pose to the Australian community. 

What level of security checking must be completed?

·     The Department of Immigration and Citizenship ensures that appropriate identity, health and security risk assessments are undertaken prior to moving clients into the community.

·     The minister is informed by the advice of security agencies in determining whether it is appropriate for a person to be placed in the community.

·     People who are the subject of an adverse security assessment will not be placed in the community.

·     It would not be appropriate to comment further on the activities of Australia’s security agencies.

VISA TYPE, CONDITIONS AND SUPPORT SERVICES

What type of visas will be granted?

·     Eligible IMAs will be granted bridging visas while their protection processes are resolved. This is an existing visa.

Will they be able to work?

·     Yes, the bridging visa will have work rights.

Will people have access to Centrelink benefits or any form of government payment?   

·     No. IMAs on bridging visas will not be eligible for benefits through Centrelink. 

·     Access to financial and other support will be in line with arrangements for other people in the community on bridging visas.

·     All IMAs on bridging visas will have access to basic health care.

·     Upon release into the community on bridging visas, people will go through an assessment to determine their individual circumstances and support networks to identify what, if any, transitional and ongoing support they may require.

·     However, those who are unable to support themselves or require some transitional support will be eligible for assistance through existing DIAC-funded programs such as the Asylum Seeker Assistance Scheme (ASAS) and the Community Assistance Support (CAS) program, which are administered by the Australian Red Cross.

·     They will also be required to report to either a case manager or a Community Status Resolution Officer (CSRO) depending on the complexity of their case and the level of vulnerability.

·     They will be able to gain access to interpreters through TIS.

·     It is also important to remember that some people who are granted bridging visas will have family, friends or other community support mechanisms available to them in the community.

What sort of transitional and ongoing support and assistance will be offered? What is available through ASAS and CAS?

·     The level of support that an IMA on a bridging visa will be eligible for will depend on their individual circumstances.

·     Once clients are in the community, their circumstances are regularly reviewed and an assessment will be made about need for ongoing support, if any, either through ASAS or CAS.

·     Transitional support may be available on a short term basis where a person can demonstrate a need.

·     Transitional support will be provided through the CAS program consistent with existing practices for providing support to clients in their transition to the community after their release from immigration detention. The Australian Red Cross provides these transition support services. It provides similar services to ASAS, but is designed for people with particular needs and vulnerabilities, as it provides the additional support of a DIAC case manager and an ARC caseworker to assist with resolving their status.

·     ASAS is administered by the Red Cross and, depending on the person’s individual needs and circumstances, may include any or all of the following:

-    help with basic living expenses (those eligible for ASAS may receive payments of limited financial assistance - 89 per cent of the special benefit payable to an equivalent Australian family - to reduce the burden of everyday living expenses)

-    rental assistance (89 per cent of the equivalent Centrelink rate)

-    essential healthcare and medical expenses commensurate with Medicare assistance

-    mental health and torture and trauma counseling

-    other help to meet basic health and welfare needs.

What access will people have to health care?

·     IMAs on bridging visas will be provided assistance toward basic health care costs at a rate equivalent to basic Medicare assistance.  This will include assistance toward non-elective medical costs, mental health support and torture and trauma counseling.

·     People on bridging visas will receive no preferential treatment or access to medical services and will be subject to the same waiting periods as the general public.

·     Assistance will be provided by the Red Cross as part of their role in administering the ASAS and CAS programs, and the costs will be reimbursed by the Department of Immigration and Citizenship.

·     As it is for other people in the community, support services to facilitate access to, and meeting financial costs relating to, necessary health care will be available to IMAs on bridging visas through government-funded programs.

·     There are ongoing discussions with the Department of Human Services in relation to Medicare access for this caseload.

Will people on bridging visas have a choice what city/town they reside in?

·     As holders of visas, IMAs will be free to choose where they live.  However, it is a requirement of the bridging visa that the person advise the Department of Immigration and Citizenship of their address and to report in to the department on a regular basis.

·     In many cases, people will reside with or close to family and/or community ties and support networks.

What type of accommodation will people be provided with?

·     Most people will find their own accommodation in the private rental market, just like anyone else in the community on a temporary visa.  Others may be provided accommodation by friends and family.

·     Where a person can demonstrate a particular need, they may be eligible for transitional accommodation support on a short term basis ranging from a couple of nights to a few weeks.

-    This will be done through the Australian Red Cross -administered ASAS and CAS programs.

·     The Department of Immigration and Citizenship is also working with service providers to identify suitable short-term transitional accommodation bridging visa holders could access.

·     People on bridging visas will not be provided with public housing.

What about potential pressures on NGO resources – is any consideration being given to increasing funding?

·     The grant of bridging visas to IMAs will be staged, particularly in the initial phase while processes and support services are being established.

·     The Department of Immigration and Citizenship is consulting with a wide range of providers and stakeholders to ensure relevant issues are taken into consideration and potential impacts are minimised wherever possible.

·     Funding for support programs is reviewed as part of annual budget processes and may be considered if required.

 

Will they have access to settlement services and state support services?

·     Access to financial and other support for IMAs on bridging visas will be the same arrangements which apply to people who arrive in Australia by air and go on to claim protection.

·     Appropriate support services to help them transition will be in place, while they live in the community, but systems and levels of support (such as the full suite of settlement services) will not be the same as for those who have been found to be refugees and released on permanent visas.

·     IMAs who are unable to support themselves or require some transition support will receive assistance through existing DIAC-funded programs administered by the Australian Red Cross, such as Community Assistance Support (CAS) program and the Asylum Seeker Assistance Scheme (ASAS).

·     As part of the implementation of the policy, the Department of Immigration and Citizenship will also consider whether to facilitate access to short-term ESL classes.

Will children have access to education?

·     IMA children on bridging visas will have the same access to education as others in the community on bridging visas, in line with relevant state/territory policies.

Will adults have access to any type of formal training?

·     Bridging visas are temporary visas and it is not standard to provide educational and training support services on such visas. People will be free to undertake study or training at their own cost.

-    As part of the implementation of the policy, the Department of Immigration and Citizenship is considering whether to facilitate access to short-term ESL classes.

How many people are on BVEs in the community now and how is this program different to that?

·     There are currently about 9000 BVE holders living in the community. This group is made of unsuccessful visa applicants, people on departure pathways, former detainees and people who have been unlawfully present in Australia.

·     As a BVE holder, they are closely managed by the Department of Immigration and Citizenship, many of these people also have reporting requirements.

·     They must report to the dept to keep their BVE current, a person in the community without a valid visa is subject to detention and removal from Australia.

COMPLIANCE

How will reporting requirements work?

·     As a condition on their visa, people will be required to report to the Department of Immigration and Citizenship on a regular basis, either in person or by phone. 

·     They will also be required to provide their residential address to the department and to advise if they move.

How long will bridging visas be in effect for?

·     The bridging visa will remain in effect while their cases are resolved.  The length of the visa may vary, dependant on the stage of a person’s processing but initial grants will usually be for a number of months. Further visas can be granted if needed, based on the progress and status of an individual’s case and taking into account their compliance with visa conditions.

What about the order in which people are granted bridging visas or protest action about delays with release?

·     The Department of Immigration and Citizenship is engaging directly with all IMAs in detention to provide them with information on the community placement framework and process, and that placement would be assessed in a staged process.

·     As part of this engagement, the department will be emphasising the need for people to assist the department with necessary checks, including identity.

·     People will also be reminded about our expectations with regard to behaviour in detention and that this will be a key consideration in determining whether it is appropriate for a person to be released on a bridging visa.

What if someone fails to abide by their visa conditions?

·     As with all visa holders in Australia, they are expected to abide by all visa conditions.

·     Where a person fails to abide by a visa condition, they will be liable for visa cancellation and detention under existing laws and cancellation powers.

What will happen once a person’s claims are finally determined to be unsuccessful?

·     People’s placement and reporting conditions will be reviewed as required as they progress through the protection assessment process.

·     The Department of Immigration and Citizenship has well-established effective strategies to resolve onshore compliance cases and achieve departures from the community and these strategies will be extended to the IMA caseload.

·     In fact, experience has shown that rates of voluntary return from detention are low compared to returns managed from the community.

·     These are people who are seeking an outcome – it is not in their best interests to disengage from the department or the process, nor the support systems in place while they remain lawfully in the community.

What happens if someone commits a criminal offence?

·     They will be subject to the same laws and obligations as anyone in the Australian community.

·     People who fail to abide by visa conditions or who pose a risk to the community will be liable for visa cancellation and detention.

PROTECTION PROCESSING ARRANGEMENTS

Given these people have been granted visas, does that mean the minister has lifted the bar and they would have access to the same level of merits and judicial review as people who claim protection onshore?

·     No, they remain subject to the non-statutory protection determination process. Their bridging visas have been granted through an administrative process which keeps a bar on making a visa application in place.

As IMAs will now largely be living in the community like onshore protection cases, is the government considering abolishing the non-statutory protection determination process?

·     During 2012, the government will look to move to a single protection visa process for both boat and air arrivals, using the current onshore arrangements for application and independent review through the Refugee Review Tribunal (RRT).

·     Until these changes are implemented, existing and future boat arrivals will continue to be processed under the current system.