Immigration officers routinely trample on the dignity and rights of migrants, and its set to get worse
The ABF has revealed that it routinely conducts operations like the one it abandoned on Friday in Melbourne. This is despite the fact that the Migration Act provides no scope for officers to demand visa details from people who happen to cross their path.
Section 188 of the Migration Act essentially states that identity documents may be requested when an ‘officer knows or reasonably suspects’ a person is a non-citizen.
How would an officer know or suspect that a person is non-citizen, without a tip-off? Racial profiling makes for easy targets. Perhaps even spotting someone reading a foreign language book, may be good enough. Such are the wide-powers under s 188. To make things worse, s189 allows the officer to arrest that person if the officer suspects that person is an unlawful citizen.
In explaining the failed Operation Fortitude, an ABF statement pointed out that, “Joint operations of this type are common and were previously conducted by Departmental immigration officers.” Surprisingly, there hasn’t been much discussion in the media about what may well be illegal operations whereby innocent people are confronted by these officers to give up their identity documents, where there may be no need to do so.
Leanne Weber ARC Future Fellow in Internal Border Policing at Monash University in an article in The Conversation says that ABF officers acting on suspicion by way of tip-offs from the police, do so with ‘little scrutiny’. This lack of scrutiny, Dr Weber says has led to the deportation of several overseas born Australians, including Vivian Solon and Cornelia Rau.
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