For Official Use Only
Managing Minors
in Immigration
Clearance
Procedural Instruction
This instruction applies to the immigration clearance of persons less than 18 years old. These persons are
considered ‘minors’ under the Migration Act 1958.
Approval Date
30 April 2018
Date of Review
30 April 2019
Contact
s. 47E(d)
Document ID (PPN)
BC-2676
TRIM Reference
s. 22(1)(a)(ii)
For Official Use Only
For Official Use Only
Table of Contents
1.
Introduction
4
1.1. Background
4
2.
Scope
4
2.1. In Scope
4
2.2. Out of Scope
4
3.
Glossary
5
4.
Procedural Instruction
7
4.1. Managing minors through the arrival and departure process
7
4.1.1.
Airline arrangements for minors
7
4.2. Obligations in managing children at the border on arrivals
8
4.2.1
Sections 4AAA and 11 of the Immigration (Guardianship of Children) (IGOC) Act
8
4.2.2.
Article 3 of the Convention on the Rights of the Child (CRC)
8
4.2.3.
Relevant CRC obligations for decisions made regarding minors in immigration clearance
9
4.2.5.
Important considerations when managing families with minors subject to same day
removal 10
4.2.6.
Health and character concerns
10
4.2.7.
Possible child abduction and /or human trafficking
10
4.2.8.
Working with Children Checks (WWCC)
11
4.2.9.
Managing suspected child abuse and/or neglect victims
11
4.2.10.
Duties of an Independent Observer
11
4.2.11.
Requirements for immigration clearance and incoming passenger cards
12
4.2.12.
Reasons for referral of a minor in immigration clearance
12
4.2.13.
Actioning the referrals of accompanied minors
13
4.2.14.
Actioning referrals of unaccompanied minors
13
4.2.15.
Visa grant to a minor in immigration clearance
14
4.2.16.
Accompanied minors
14
4.2.17.
Preparation and procedures involved in a formal interview
14
4.2.18.
Section 192 questioning detention
15
4.2.19.
Visa Cancellation
15
4.2.20.
Events after refused immigration clearance
16
4.2.21.
Case management of a minor
16
4.2.22.
Removal of the minor
16
4.3. Managing minors through the Departure Clearance process
17
4.3.1.
Departure Clearance of an accompanied minor
17
4.3.2.
Departure Clearance of an unaccompanied minor
17
5.
Accountability and responsibilities
19
6.
Statement of Expectation
19
7.
Related Framework documents
20
7.1. Policy Statement
20
7.2. Procedural Instructions
20
8.
References and legislation
20
8.1. Migration Act 1958
20
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8.2. Immigration (Guardianship of Children) Act 1946
20
9.
Consultation
21
9.1. Internal consultation
21
9.2. External consultation
21
10.
Document details
22
10.1. Document change control
22
10.2. Approval
22
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1.
Introduction
1.1.
Background
This instruction aims to:
• Identify cases of concern with the travel of minors that may come to the attention of
Australian Border Force (ABF) officers
• Advise ABF officers on considerations when dealing with cases of concern involving minors
• Provide additional background to ABF officers about various circumstances of minors who
may be arriving or departing at airports.
2.
Scope
2.1.
In Scope
This instruction applies to managing minors in immigration clearance under the
Migration Act 1958 for
travellers in both air and sea ports.
2.2.
Out of Scope
This instruction does not cover clearance of travellers and/or goods under the
Customs Act 1901. This instruction does not apply to travellers that are not deemed to be minors under the
Migration Act
1958(the Migration Act).
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4.
Procedural Instruction
4.1. Managing minors through the arrival and departure process
Australian law considers a minor to be a person under the age of 18.
Standard immigration clearance processes apply to all persons, regardless of age. However, in the case of
minors, additional care must be taken in assessing for potential issues.
As a matter of Departmental policy, a minor (under the age of 16) cannot be held liable for any incorrect
information on a passenger card.
Where the minor is under 18, they should not be formally interviewed without a parent or accompanying
adult or an Independent Observer (IO) present.
Where a minor is too young to read or comprehend the content of an incoming passenger card (IPC), it
should be completed by:
• an accompanying parent or legal guardian
• an authorised third party with whom the minor is travelling
• where the minor is unaccompanied, an ABF officer.
If an ABF Officer confirms that an accompanying adult does not intend to care for the minor whilst they are in
Australia, the minor may be considered an unaccompanied minor. If the unaccompanied minor intends to
reside permanently in Australia, the minor may fall under the Minister’s legal guardianship under the
Immigration (Guardianship of Children) Act 1946 (the IGOC Act). To determine whether the minor falls under
the IGOC Act, please contact Unaccompanied Humanitarian Minors and Guardianship section
s. 47E(d)
for an IGOC assessment.
For further information, see
Procedural Instruction: Passenger Cards and
Procedural Instruction:
Processing
domestic passengers on international flights
At the primary clearance point ABF officers must ask basic questions before determining whether a formal
interview with the child or the engagement of an IO.
IOs may attend interviews and meetings between accompanied minors and the Department and/or other
agencies where no adult relative is present during the interview or where concern exists regarding the adult
relative's understanding of processes and capability of acting in the best interests of the minor with regards
to a minor's physical and emotional wellbeing.
If it is necessary to gather extensive information from the minor, an interview room should be used to ensure
privacy and confidentiality.
Steps that can be taken to minimise the negative impacts on the child in their interactions with the
Department include, but are not limited to, the following:
• ensuring that the family unit stays together, if applicable
• progressing the matter as expeditiously as possible
• ensuring interaction in the child’s presence is calm, respectful and discrete
• check the individual immigration status of family members for any variation, if applicable.
4.1.1. Airline arrangements for minors
An ABF officer would generally consider an airline escort as an indicator that the child has permission from
their parent or guardian to travel.
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Under the International Air Transport Association’s (IATA) Recommended Best Practice for Minors, airlines
generally refer to a minor as a child under 16 years old and an unaccompanied minor as a child under 16
years old who is travelling alone, or travelling only in the company of another child aged less than 16 years
old.
Generally, airlines require unaccompanied minors under 12 years old to travel under the airline’s minor
arrangements. These arrangements ensure a minor is escorted by an airline representative on arrival or
departure through immigration and customs processing. Airlines may also offer an escorted service for
unaccompanied between 12 and 16 for a fee.
4.2. Obligations in managing children at the border on arrivals
4.2.1 Sections 4AAA and 11 of the Immigration (Guardianship of Children) (IGOC) Act
Section 4AAA of the IGOC Act and section 6 of the IGOC Act have the effect that the Minister is the legal
guardian of non-citizen minors if at the time of the minor’s arrival to Australia:
• the minor is entering Australia as a non-citizen
• the minor is not entering Australia in the the care and responsibility of a parent, or
relative who is 21 years of age or over
• the minor intends or intended to become a permanent resident in Australia.
If an ABF officer is dealing with an unaccompanied minor who they believe may fall under the Minister’s
guardianship, they should contact UHM and Guardianship sections. 47E(d)
Section 11 of the IGOC Act gives the Minister the authority to exclude a child or class of children from the
provision of the IGOC Act. The current section 11 order excludes the following classes of minors:
• minors who are tourists or visitors
• minors who are prohibited immigrants by virtue of a provision of the Migration Act
• minors whose continued presence in Australia is subject to a limitation as to time
imposed by law, other than minors who on arrival in Australia claim asylum as refugees.
4.2.2. Article 3 of the Convention on the Rights of the Child (CRC)
Article 3 of the CRC provides:
‘In all actions concerning children, whether undertaken by public or private social welfare institutions, courts
of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary
consideration.’
Note this means that the best interests of the child must be treated as a consideration, not necessarly the
primary consideration in exercising any discretionary power under the Act.
Importantly, as Article 3 has regard for ‘all actions concerning children’, officers should assess the best
interests of a child in relation to:
• decisions directly relating to a child and
• decisions about a family member, primary care giver or other person who has claimed
responsibility for the child, even if the decision does not directly relate to the child. This is
because any decision about a parent or primary care giver will affect the child. The child
concerned may be a non-citizen, or an Australian citizen child of a non-citizen parent.
The meaning of ‘best interests of the child’ is not defined, but is informed, in part, by the
principles in the CRC. The principles that are most likely to be relevant to actions in relation
to children in immigration clearance are:
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o
protection from all forms of physical or mental violence, injury or abuse, neglect or
negligent treatment, maltreatment or exploitation, including sexual abuse;
o
families should be able to stay together, as far as possible;
o
respect for the rights and duties of parents and other relevant family members and
recognition that both parents have common responsibilities for the upbringing and
development of the child;
o
the child has the right to preserve his or her identity, including nationality, name and
family relations as recognised by law;
o
prevention of the illicit transfer and non-return of children abroad;
o
freedom of religion; and
o
the views of the child should be given weight in accordance with the child’s age, maturity
and level of understanding.
Although it may be assessed that a particular decision would be in the best interests of a child, it does not
automatically follow that it is the decision that should be so made. Article 3 requires that the best interests of
the child be a consideration in all actions concerning children.
The best interests of the child must be weighed with or against any other primary considerations in the
specific circumstances, for example, the objectives of the relevant provision/s in the Act; and Community
protection.
4.2.3. Relevant CRC obligations for decisions made regarding minors in immigration
clearance
When taking actions that concern or affect a minor, the decision-maker must consider Australia’s obligations
under the CRC where there is a discretion to do so. However, it is important to note that when exercising a
power that does not specifically address the best interests of the child and which does not allow the decision-
maker any discretion, there is generally no scope to consider the obligations under the CRC.
In considering and CRC obligations, ABF officers should consider the following to ensure compliance with
the CRC:
• the best interest of the minor must be a primary consideration in any decision, especially
affecting children where the power being exercised is discretionary. This will include
decisions about visa cancellations of parents or guardians even if the decision does not
primarily relate to the minor because such a decision will affect the minor
• preserve the family unit and the right of the minor to be cared for by their parents, unless
competent authorities have found this to not be in the best interest of the minor (to prevent
abuse or neglect). Where a minor is temporarily deprived of their family environment,
special arrangements should be made for their care, welfare and support
• when a minor has to be detained, it should be as a matter of last resort and for the shortest
possible period of time. It is government policy that where immigration detention does occur
family groups will, whenever possible, be accommodated together. If it is necessary to
separate a minor from their family, the minor must be able to maintain contact with them
and should be kept separate from adults who are not family members. The priority is that
children and, where possible, their families will be placed in the least restrictive form of
appropriate accommodation for the shortest practical time
• when a parent has requested that the minor be removed when they are removed, ensure
the request is dealt with in a positive, humane and expeditious manner
• when a decision is being made that will affect the minor, ensure that the minor’s views are
given weight in accordance with the child’s age and maturity and level of understanding;
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• consider the appropriate treatment of the minor given their age, level of understanding and
maturity, gender, cultural background, and other needs such as medical and religious
requirements
4.2.4. Important considerations when managing unaccompanied minors
Where a child is being processed through immigration clearance without a responsible adult, and the child’s
circumstances of travel are such that an officer has concerns about their welfare arrangements, or for any
reason it is clear that they have been abandoned, then:
• all reasonable efforts must be made to identify and contact the child's parents or an adult in
Australia responsible for their care. These efforts can commence with inquiries by ABF
officers and cooperation with partner agencies at the airport, airlines and airport facilities
managers
• the case must be escalated to the Supervisor
• when the minor is an unlawful non-citizen, appropriate accommodation should be arranged,
a case manager should be immediately allocated, and information passed on about the
circumstances of the minor to the case manager for further action
• State welfare authorities and police should be contacted for assistance by the Supervisor,
either while the minor is in immigration clearance or once they are taken to appropriate
accommodation.
In other cases, the travel plans of a minor who is alone may not be suspicious, but still of concern. For
example, where a minor is waiting in transit alone for an unusually long time before a connecting flight. If
ABF officers become aware of such situations, they may be able to assist airlines or other partner agencies
to provide a higher standard of care for the minor.
4.2.5. Important considerations when managing families with minors subject to same day
removal
When a family member or responsible adult travelling with a minor is detained at the airport ABF officers
should consider whether there are special needs for the minor. For example, facilities for feeding infants and
baby change facilities.
4.2.6. Health and character concerns
If a minor (unaccompanied or otherwise) declares ‘Yes’ to health and / or character questions, the ABF
officer should confirm with them if they intended to tick ‘Yes’.
To ascertain whether the minor has the required understanding and maturity to comprehend the nature of
the IPC questioning, the ABF officer should apply a conversational tone to inquiries about the minor’s
background and level of education and literacy.
Where the minor responds that they have understood the declaration and a formal interview will be
necessary, see
Procedural Instruction: Character Concern and
Procedural Instruction: Foreign nationals and
tuberculosis.
For New Zealand minors declaring criminal convictions, see
Procedural Instruction:
Behaviour Concern Non-
Citizen.
4.2.7. Possible child abduction and /or human trafficking
Officers and/or agencies may identify passengers of concern in immigration clearance because of possible
child abduction and / or human trafficking. These cases must be referred to the AFP, see
Procedural
Instruction: Working with AFP.
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ABF officers should consider indicators of a minor being trafficked or abducted into and out of Australia,
these include:
s. 47E(d)
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
ABF officers are responsible for ensuring:
• Suspected cases of child abuse and neglect are reported to the appropriate
statutory child protection authority, see
http://www.aifs.gov.au/cfca/pubs/factsheets/a141787/index.html
• s. 47E(d)
•
4.2.8. Working with Children Checks (WWCC)
In Australia, state and territory governments are responsible for the administration of statutory child
protection. Some state and territory governments have introduced legislation that requires individuals
working with children, in a paid or volunteer role, to undertake a WWCC.
4.2.9. Managing suspected child abuse and/or neglect victims
When an ABF officer suspects a child may be the subject of abuse and/or neglect, the officer must refer the
escalate the matter to their supervisor for consideration of referral to State and Territory governments to
meet mandatory reporting requirements. See the Policy statement reporting child related incidents.
Attachment A: Relevant authorities and contact details.
4.2.10. Duties of an Independent Observer
An Independent Observer (IO) is an adult who is independent of the Department and ensures agencies,
including the Department, treat an unaccompanied minor fairly, appropriately and reasonably.
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An IO must be impartial and objective in their behaviour and attitude towards a minor. They must ensure that
the minor is treated fairly, equally and age appropriately. An IO should not be a Department or other
government official involved in the minor’s immigration clearance.
The role of the IO is to:
• communicate with the minor prior to the interview’s commencement, if necessary
• build rapport with the minor
• explain to the minor that they are not a legal representative or an advocate and will be
present during the interview to assist them with their physical and emotional wellbeing
• ensure appropriate toilet and food breaks are provided to the minor
• monitor for inappropriate questioning and/or behaviour by the interviewer
• ensure the minor is given the opportunity to ask questions and have their questions
answered
• raise concerns, for example, emotional and physical wellbeing of the minor, with the
interviewer
• intervene when he or she holds a concern for the minors wellbeing or believes an
interviewing officer is behaving inappropriately towards a minor
• maintain documentation for concerns raised.
The ABF officer must retain any original notes taken by the IO and attach it to the minor’s file. Before
providing a copy of the notes to the IO, ensure any unrelated personal information is blanked out.
4.2.11. Requirements for immigration clearance and incoming passenger cards
Travel documentation belonging to a minor
In cases of concern in immigration clearance, documents which may indicate that the travel of the minor is
legitimate include:
• s. 47E(d)
•
•
•
•
•
•
4.2.12. Reasons for referral of a minor in immigration clearance
The reasons minors come to the attention of ABF officers include, but are not limited to, the following:
• s. 47E(d)
•
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s. 47E(d)
•
•
•
•
4.2.13. Actioning the referrals of accompanied minors
If a minor travelling with a parent/s or legal guardian is referred, the ABF officer has a duty of care to engage
in primary conversation with the parent/s or legal guardian to establish:
• the purpose of the visit to Australia
• the intended accommodation arrangement for the family unit
• if travelling with one parent, the other parent’s current location, and reason for travelling with
the minor
• whether written consent (letter) of the non-accompanying parent has been provided.
If a minor travelling with an accompanying adult (not a parent or legal guardian) is referred, the ABF officer is
responsible for engaging in conversation with the adult to establish:
• s. 47E(d)
•
•
•
•
•
In general, if a minor applies for protection in immigration clearance, regardless of whether they have right of
entry to Australia, their details and any interview outcomes should be forwarded to UHM and Guardianship
section at s. 47E(d)
for an IGOC assessment.
An IGOC assessment will be undertaken as soon as possible, however, note that IGOC status does not
affect decisions made under the Migration Act.
s. 47E(d)
4.2.14. Actioning referrals of unaccompanied minors
If an unaccompanied minor is referred, the ABF officer must:
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s. 47E(d)
•
•
•
•
•
•
•
•
4.2.15. Visa grant to a minor in immigration clearance
Where the minor is invited to apply for a visa in immigration clearance, the ABF officer should read
Procedural Instruction:
Granting an ETA in Immigration Clearance, if applicable, see Procedural Instruction:
Granting Border Visas in Immigration Clearance, and if applicable
• consider relevant Public Interest Criteria (PIC)
• where applicable, consider the immigration clearance outcomes of the accompanying adult.
4.2.16. Accompanied minors
Where the ABF officer has doubts about the minor’s capacity to understand the immigration clearance
process, an interview should not proceed without the involvement of a parent or accompanying adult or an
IO.
An IO must also be engaged if there are concerns about the adult’s understanding of immigration processes
and their capability to act in the best interests of the minor’s physical and emotional wellbeing.
4.2.17. Preparation and procedures involved in a formal interview
Should the Supervisor authorise a formal interview with an IO and an unaccompanied minor, the ABF officer
must:
• brief the IO on the individual case
• provide regular updates to a Supervisor
• remain with the minor and IO at all times
• arrange the interview room or an appropriate private area to conduct the interview allowing
the interviewer and minor to be at equal eye level
• consider the minor’s ability to communicate, including the need for an interpreter
• ask age appropriate questions
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• structure the interview to include general questions at the beginning, for example, questions
about friends, schools
• explain to the minor during the interview:
o
the reason for the interview
o
the role of the IO
o
the need to ask questions
• be open to listening to the minor’s perception of issues in addition to listening to the literal
meaning of their responses.
4.2.18. Section 192 questioning detention
Detention of a minor must be considered as a last resort and
must not occur prior to:
• discussing the case with an ABF Inspector
• engaging an IO, where the minor is unaccompanied
• satisfying the questioning detention provisions, see Procedural Instruction:
Questioning
detention.
4.2.19. Visa Cancellation
The Migration Act makes no relevant distinction between adults and minors in regard to a client’s visa
eligibility and status.
Where there is a decision to cancel an accompanying adult’s visa the, ABF officer must consider that if the
minor’s visa may be consequently cancelled under section 140 of the Migration Act, see
Procedural
Instruction:
Visa cancellation.
Where a minor holds a visa in their own right and a decision is made to cancel the accompanying adult’s
visa, the ABF officer must consider if there are grounds to consider cancellation of the minor’s visa.
Where a minor is clearly too young to be formally interviewed, for example under five, and the accompanying
adult does not request the cancellation of the visa (considering that the minor could not be detained and
removed with the adult), the ABF officer should discuss, with their Supervisor, whether there are any
grounds for cancelling the minor’s visa under section 140 or section 116 of the Migration Act.
Where there are grounds to consider cancellation of either the adult and/or the minor’s visa, the ABF officer
should also take into consideration the best interests of the minor in their decision-making about the
practicalities for the minor following the cancellation, including if the accompanying adult:
• will be invited to apply for a Border visa
• will be detained
• will be transferred to an immigration detention facility
• will be removed from Australia
• has requested cancellation of the minor’s visa in writing.
In broad terms, regulation 2.43(1)(h) of the
Migration Regulations 1994 (the Migration Regulations) provides
for cancelling a temporary visa held by a minor if their parent, custodian or guardian asks that it be
cancelled. However, there is no equivalent ground for cancelling a permanent visa held by a minor.
The prescribed grounds are that:
• the minor is not a spouse, a former spouse or engaged to be married
• an adult who can lawfully determine where the visa holder is to live asks the delegate,
in writing, to cancel the visa
• the delegate is satisfied that there is no compelling reason to believe that the
cancellation of the visa would not be in the best interests of the minor.
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4.2.20. Events after refused immigration clearance
The following procedures should be read in conjunction with the
Procedural Instruction:
Events after refused
immigration clearance and
Procedural Instruction:
Section 189 Detention
Where a minor is refused immigration clearance, the best interests of the minor are the primary
consideration. Detention should only be used as a last resort and for the shortest period of time.
The ABF officer, in consultation with their Supervisor, should:
• refer the client to Detention Operations according to local procedures
• provide as much placement advice in regard to specific needs of the client, such as
physical or mental health, behavioural or safety concerns or dietary concerns
• endeavour to access the least restrictive and appropriate accommodation and in a
facility other than an immigration detention facility
• provide access to embassy or consulate assistance where required, or in cases where
the minor or accompanying adult have sought asylum, where they have specifically
requested embassy or consulate assistance.
4.2.21. Case management of a minor
If a detained minor is to be accommodated in an alternative place of detention (outside of the airport) the
ABF officer should:
• s. 47E(d)
•
Case managers will provide advice on a client’s placement, if requested. However, it is not a requirement for
the ABF officer to consult case management regarding a minor’s placement.
4.2.22. Removal of the minor
The following procedure should be read in conjunction with the
Procedural Instruction:
Summary removal.
In all removals involving minors the best interests of the minor are a primary consideration.
ABF officers should seek advice from Supervisors as to whether a removal is a summary removal or requires
referral to the Removals Team.
ABF officers, in consultation with the Supervisors, should:
• contact the minor’s parents in the country of origin and providing travel details, where
possible
• ensure the minor’s passage through transit countries is safe and does not place them at
risk of harm by referring to the removals team
• ensure the minor is returned into the custody of their parents or, if this is not possible
and in agreement with the minor’s parent, a next of kin
• consider whether it would be appropriate in the circumstances of the case to arrange for
an escort to accompany the minor to the destination
• ensure the removal is dealt with in a positive, humane and expeditious manner
• ensure the removal is progressed as discussed with the Supervisor/Manager.
The summary removal of an unaccompanied minor can be carried out under the airline unaccompanied
minor arrangements if deemed appropriate and with a relevant Superintendent’s approval.
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s. 47E(d)
4.3. Managing minors through the Departure Clearance process
Section 175 of the Migration Act stipulate the legal requirements to be satisfied for departing Australia.
These are met where an officer is satisfied with a traveller’s identity and where they present a valid travel
document. Notwithstanding this, the clearing officer should be aware the best interests of a minor are also a
consideration under Article 3 of the CRC in considering whether to request further types of evidence under
section 175 of the Migration Act.
As such, officers must be alert to circumstances where it may not be in a minor’s best interest to be
departing Australia.
It is worth noting there are mechanisms in place to ensure Australian travel documents and visas are not
issued to minors without appropriate authorisation from legal guardians. There are also mechanisms in place
for guardians to limit a minors ability to depart Australia(i.e. through the courts) even if they do hold a valid
travel document and/or visa. As such, in the absence of any triggers by way of alerts it can generally be
taken that a minor presenting for departure does have the appropriate consent from their guardian(s) for
travel.
4.3.1. Departure Clearance of an accompanied minor
In most cases a minor will be travelling in the company of a responsible adult. In these circumstances the
ABF officer is to identify the adult responsible for the minor. In cases involving groups of minors (such as a
school/community group) it is reasonable to conclude that those in the group are under the care of the
identified adult/s travelling (eg school teachers or nominated parent/s).
s. 47E(d)
4.3.2. Departure Clearance of an unaccompanied minor
Where an ABF officer holds concern about an unaccompanied minor attempting to depart Australia without
an accompanying adult, the case must be escalated to the Supervisor.
Due to time constraints in the departure clearance process, the ABF officer is to establish the minor’s
purpose for travel and balance this against the initial concerns around the child’s best interests.
s. 47E(d)
If the AFP is unable to attend immediately, explain the process to the minor and engage the services of an
IO. The date and time of the conversation must be documented in the officer’s notebook.
Where it is necessary to gather extensive information from the minor, an interview room should be used to
ensure privacy and confidentiality. Steps that can be taken to minimise the impact on the child in their
interactions with an ABF officer, AFP officer(s) and an IO can include:
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• Progressing the matter as expeditiously as possible
• Ensuring interaction in the child’s presence is calm, respectful and discrete
s. 47E(d)
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7.
Related Framework documents
This instruction must be read in conjunction with the following documents:
7.1. Policy Statement
[TT-2983] Border Clearance
[BE-928] Reporting Child related incidents
7.2. Procedural Instructions
[BC-536] Arrival, immigration clearance and entry - Immigration clearance at airports and seaports
[BC-2452] Behaviour Concern Non-Citizen
[BC-2476] Character Concern
[BC-2671] Events after refused immigration clearance
[BC-2481] Foreign nationals and tuberculosis
[BC-2538] Border visa grant in immigration clearance
[BC-2480] Questioning detention
[BC-2446] Section 189 Detention
[BC-2460] Summary Removal
[BC-2469] Working with AFP
8.
References and legislation
8.1. Migration Act 1958
This Act sets out the primary requirements relating to immigration clearance as follows:
• Section 166 outlines the evidence that must be presented to a clearance officer or an
authorised system upon entry to Australia.
8.2. Immigration (Guardianship of Children) Act 1946
This Act sets out the requirements for the Minister of Immigration and Border Protection to be the legal
guardian of certain unaccompanied non-citizen minors if circumstances are present at the time of the minor’s
entry to Australia.
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9.
Consultation
9.1.
Internal consultation
The following internal stakeholders were consulted in the development of this Procedural Instruction:
• Integrity and Professional Standards / Integrity and Professional Standards Branch
• Legal Division / Legal Advice and Operational Support
• FOI, Privacy and Records Management / Records Management Section
• Traveller Customs and Industry Policy / Traveller Policy Advice and Support Section
• Unaccompanied Humanitarian Minors (UHM) and Guardianship Section
• Port Operations Command
• Strategic Border Command
9.2.
External consultation
The following external stakeholders were consulted in the development of this Procedural Instruction:
• No external consultation.
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