What we know

The major parties talk tough on immigration, but the fact is that over the past decade, we have seen the numbers of ‘unlawful non-citizens’, continue to significantly increase. By way of explanation, an ‘unlawful non-citizen’ is a person who has stayed in Australia after their visa has expired.

We currently have 75,400 unlawful non-citizens in Australia.  My position is that we need to be investing resources into the identification and removal of unlawful non-citizens as our first priority.

In 2022/23 there were 66,800 Unlawful Non-Citizens in Australia – the top 3 countries, according to government data, is China, Malaysia and USA.

In 2023/24 Migration Trends Report, there were 75,400 Unlawful Non-Citizens (UNC) in Australia.  This is an annual increase of just under 13% in a year.

Whilst the data for 2023/24 did not mention how these UNC arrived in Australia, the 2022/23 data identified that 57.3% arrived in Australia on a Visitor Visa.  17.7% arrived on Student Visas, 6.2% as temporary residents and 2.5% on ‘working holiday’.

This data is available by google search “Migration trends – Australia” and is published by the Australian Government – Department of Home Affairs.

In response, the major parties are cracking down on International Student Visas.  But my concern is that there is silence from the major parties about reducing the number of UNC in Australia.  Whilst I will discuss my plan for International Students below, my primary concern is removing the UNC from Australia.  If the current trends continue, we will have over 100,000 UNC in Australia.  This must be our priority.

International Students

Labor have introduced caps and Liberal want to be harder.  The latest report is silent on where the increase has come from.  None-the-less, my proposal is that International Students who make up 17.7% of UNC, I would change the requirements for international students to require them to either live with a relative or live at university provided accommodation.  Universities would be capped at the level of accommodation that they can provide, and international students would be required to live at these locations.  I would also ensure that accommodation provided by universities would be capped at 80% international students and 20% domestic students.  We need to ensure that our kids are looked after.

Violent criminal offenders

Adults

Where a person 18 years of age or older, upon finding of guilt for a violent crime, won’t be sentenced to imprisonment, but will be automatically detained and deported after any appeals have been made and finalised.

Children

Where a person under the age of 18 years, is found guilty on three occasions to having committed a violent crime, then they will be detained and deported after any appeals and relevant safety mechanisms are put in place for their deportation.

Bail

In Australia, people are afforded the right to the presumption of innocence.  Where a non-citizen and/or non-resident commits a violent crime, then bail should be refused or if bail is granted by the State Courts, then a condition of bail must include electronic (ankle) monitoring.  Sharing of information between police and Immigration must be legislated to ensure that information is passed freely between the relevant authorities.

Where a breach of bail occurs, the person must then be held in immigration detention pending a trial.  These rules should apply to any person who is deemed as being able to stand trial in Australia for criminal offences.

Border Security

We have seen a number of incidents recently where boats have landed on Australian shores and dropped off UNC’s.  This is unacceptable and shows a failure, probably due to budget cuts to the agencies.  This needs to be rectified.

Offence for harbouring or concealing an UNC

Penalties for harbouring, concealing or enabling an UNC to remain in Australia needs to reflect the seriousness of the offending.  If the person who harbours, conceals or enables an UNC to remain in Australia, is an Australian Citizen/Permanent Resident, prison sentences including suspended prison sentences should be imposed.  Any Non-Citizen or Non-Resident who harbours, conceals or enables an UNC to remain in Australia should be guilty of a serious offence and have their visa revoked.

Conclusion

The major parties are using smokescreens to hide the fact that we have a significant issue in Australia with UNC’s.  We need to fix the problem that we have.  This will only be achieved through funding the relevant authorities and providing the legislative framework to allow them to do their job properly.