Department of Home Affairs

Currently Active And/or Applicable Policy Giving Effect To Section 198 Of The Migration Act 1958 (cth) Part 1 Part 2 ​

FA 25/03/00879 Released 52 pages PDF

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This standard operating procedure guides Australian Border Force removal officers in assessing whether illegal foreign fishers (IFFs) or suspected foreign offenders requesting removal under Migration Act section 198(1) are available for removal. The guide covers assessment procedures including identity verification, unlawful non-citizen status confirmation, travel document requirements, criminal history checks, fitness to travel determinations, and best interests of children considerations. It addresses removal availability assessments (RAA) completed via form MCP10, with specific requirements for evidence supporting removal eligibility, handling of involuntary versus voluntary removals, and expedited removals effected within 48 hours. The document applies to IFFs detained under fisheries management legislation but excludes maritime interceptions and onshore compliance cases. It establishes approval sign-off levels and includes assurance controls and internal consultation requirements for removal processing decisions.

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