The Australian Border Force (ABF) protects the Australian community by effectively managing those who do not comply with Australia's immigration laws.
The ABF actively encourages a high level of voluntary compliance from both individuals and organisations.
The ABF conducts operations around the country, targeting unlawful non-citizens, companies employing non-citizens who do not have work rights and those engaged in exploitation of non-citizen workers.
Community Protection Board
The ABF-chaired Community Protection Board (the Board) was established in December 2023. It is an integral component of the Department’s Immigration Compliance capability.
The Board provides informed, impartial and evidence-based recommendations. These support the management of people who may pose risks to the safety and security of the Australian community while immigration compliance activity progresses. The Board may be sought to provide subject matter expertise to assist in the development of immigration compliance policy and initiatives. The Board places an emphasis on prioritising community safety.
In providing recommendations relating to visa decision making, the Board balances individual considerations of the potential visa recipient with potential risks they pose to the community. In making recommendations, the Board regards all relevant information made available, which may include the following:
- immigration history
- character and criminality
- behaviour in criminal custody and/or immigration detention
- behaviour and compliance whilst in the community
- medical and health information (inclusive of psychological)
- other relevant information to the persons character or conduct available to the Department
- identity information
- representations made by the person or their legal representation
- security information
- any other circumstances likely to increase the risk the person poses to the Australian community.
The Board is comprised of eminent Australians from the fields of:
- law enforcement
- corrections
- academia
- mental health
- clinical psychology
- the community and multicultural sector.
The Board also has senior Department and ABF public servants with responsibility for law enforcement, compliance, legal and status resolution.
Current members of the Board include:
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Ms Sandra Jeffery - ABF Assistant Commissioner Immigration Compliance Operations, Department of Home Affairs (Chair)
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Ms Sarah Nicolson - ABF Assistant Commissioner, Onshore Detention, Australian Border Force
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Mr David Arnold - Assistant Secretary, Status Resolution Programs and Capability, Department of Home Affairs
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Mr Graham Ashton AM APM - former Chief Commissioner Victoria Police
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Professor Peter Martin AM APM - Professor of Practice at the Griffith Criminology Institute, and former Commissioner Queensland Corrective Services and Deputy Police Commissioner Queensland Police Service
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Dr Monique Phipps - clinical psychologist with 10+ years in complex trauma and mental health assessment
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Dr Carmel Guerra OAM - community member with 10+ years in youth justice, former member of the Youth Parole Board of Victoria, and has significant experience with multicultural communities.
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Dr Yin-Lan Soon - forensic psychiatrist with qualifications that includes training in forensic psychiatry and law. She is a fellow of the Royal Australian and New Zealand College of Psychiatrists.
The Department of Home Affairs Legal Group is responsible for the provision of legal advice to the Secretariat on matters relevant to the considerations of the Board. The Chair may invite non-member subject matter experts to attend meetings to provide specialist advice as required.
Visa holders
All non-citizens must hold a valid visa to enter and remain in Australia.
Visa holders must comply with their visa conditions and be aware of the date that their visa ends. They are expected to either leave Australia or make a new visa application before their visa ends so they remain lawful. If a person's visa ends while they are still in Australia, they will become an unlawful non-citizen.
The ABF uses intelligence and field operations activities to locate people who have breached their visa conditions. Unlawful non-citizens who pose a risk to the Australian community or are involved in organised and criminal exploitation of Australia's visa program are given the highest priority.
If you are an unlawful non-citizen, you may be detained and removed from Australia.
Unlawful non-citizens should contact the Department straight away. The Department will work with people who voluntarily approach us to resolve their immigration status.
Where possible, the Department will help facilitate the return of non-citizens to their country of origin by allowing them to stay in the community while they arrange their departure from Australia. If you do not voluntarily make arrangements to leave Australia as soon as possible, you risk being detained and removed by the ABF.
Employing foreign nationals
All workers in Australia have rights and protections at work, regardless of citizenship or visa status. All employers must comply with Australian workplace and immigration laws, including the right to minimum pay rates and a safe workplace.
The ABF seeks to educate employers about their responsibilities and obligations in employing foreign nationals. These include checking the visa status of foreign nationals to ensure they have the right to work legally in Australia, and to be aware of any work related conditions imposed on their visas. It is important to note not all visas allow people to work. The ABF also conduct regular monitoring with employers to ensure they uphold their obligations.
Preventing the exploitation of Australia's visa program is a priority for the ABF and, as such, continued focus will be placed on action against criminals responsible for organising visa fraud, illegal work and the exploitation of foreign workers.
Detention facilities in Australia
Unlawful non-citizens may be sent to an immigration detention facility while they wait for their immigration status to be resolved.
We manage
immigration detention facilities in Australia including:
- immigration detention centres
- immigration transit accommodation
- alternative place of detention
We are responsible for the care of detainees while they are in
immigration detention.
