1 Essentials of Migration Management for Policy Makers and Practitioners Section 1.9 Developing an Administrative Framework

Essentials of Migration Management 2 Section 1.9 Developing an Administrative Framework Learning Objectives increase your knowledge of the administrative models States use to manage migration better understand the critical requirements for effective administration of migration-related laws and regulations

Essentials of Migration Management 3 Section 1.9 Developing an Administrative Framework Topic Titles Topic One: Models of Organizational Structure Topic Two: Two Case Studies: Australia and Canada Topic Three: Administration Issues

Essentials of Migration Management 4 Section 1.9 Developing an Administrative Framework Terms and Concepts CentralizationA mode of organization where authority is exercised from a central point such as a national headquarters, and other locations report to the central authority, are directed by it, and are accountable to it DecentralizationA mode of organization where a significant level of discretion is delegated to distributed organizational units for the implementation of a set of general policy objectives Functional directionA form of organizational accountability where dispersed organizational units are required to follow the operational instructions developed by functional specialists in a headquarters unit (Continued)

Essentials of Migration Management 5 Section 1.9 Developing an Administrative Framework Functional guidance:A form of organizational accountability where dispersed organizational units are provided with advice and guidance from functional specialists in a headquarters unit, but are free to modify these operational instructions to suit local circumstances Machinery of government:The system of organizational and administrative accountability established for the development and implementation of public policy Organizational culture:A shared set of values and historical behaviour patterns that characterize a particular organizational structure Organizational structure:A system of inter-related functions, activities, and work processes within a framework of responsibility and accountability

6 Developing an Administrative Framework Topic One Models of Organizational Structure

Essentials of Migration Management 7 Topic One Models of Organizational Structure Single ministry structure Advantages: –places all migration functions within one organizational structure with one point of accountability. –tends to ensure that policy formulation is more closely linked to operational realities. Drawbacks: –When selection and facilitation activities are housed together with enforcement and control activities in the same organization, there is a risk that one area may receive higher priority, be better resourced, and possibly contribute to an unbalanced approach.

Essentials of Migration Management 8 Topic One Models of Organizational Structure Multi-ministry model The norm in many countries where uniformed officers posted at ports of entry, and border guards, are not part of the organizational structure charged with managing migration. High costs associated with effective enforcement are less contentious and better understood. To be effective, a multi-structure model needs to be supported by an effective coordinating mechanism.

9 Developing an Administrative Framework Topic Two Two Case Studies: Australia and Canada

Essentials of Migration Management 10 Topic Two Two Case Studies: Australia and Canada Important Points 1.Immigration/visa decisions in Australia moved from one of broad discretion in the early 1980s (and before) to a heavily regulated system by The system put in place was designed to be transparent, consistent, and certain in its outcomes, both for those administering the system and for the applicants. 3.The efficient operation of this highly regulated immigration/visa system required the re-introduction of discretionary powers in the legislation. 4.The legislation provides that the Minister cannot be compelled to use these powers. Applicants are not able to apply directly to the Minister to exercise his/her discretion.

Essentials of Migration Management 11 Topic Two Two Case Studies: Australia and Canada Important Points 1.Canadian Foreign Service officers are recruited under the same entrance requirements as Canada’s diplomatic corps but are employees of Citizenship and Immigration Canada (CIC). 2.Canadian Foreign Service officers manage and deliver Canada’s overseas migration programmes. They recruit, select, and process migrants, refugees, visitors, students, and others who have applied to go to Canada. 3.The Canadian model includes specialized control officers - Migration Integrity Officers (MIO) - who gather intelligence about illegal migration, liaise with police and enforcement officers in the country where they are posted, and train airline staff and other airport officials about Canadian entry requirements. (Continued)

Essentials of Migration Management 12 Topic Two Two Case Studies: Australia and Canada 4. Immigration Foreign Service officers serving in Canadian diplomatic missions abroad are under the direct supervision of the Ambassador and report to him or her on a day-to-day basis. However, they receive functional direction from specialists in the headquarters of CIC or, in the case of the Migration Integrity Officers, the Canada Border Services Agency. 5.The advantage of this administrative framework is that it ensures migration issues are not neglected or undervalued by an Ambassador or by the Foreign Affairs establishment.

Essentials of Migration Management 13 Topic Two Two Case Studies: Australia and Canada Administrative frameworks The Canadian case study shows how government can regard migration management as an important activity, and as an integral part of Foreign Policy. Models in many countries are usually multi-structure ones, where diplomatic personnel, frequently not sufficiently trained or qualified to deliver the programmes adequately, are required to perform migration duties. Whether the structure is centralized or decentralized, partners are essential in the effective delivery of immigration programmes.

14 Developing an Administrative Framework Topic Three Administration Issues

Essentials of Migration Management 15 Topic Three Administration Issues Important Points 1.Regional governments often have additional powers to determine the types and numbers of migrants to be selected for settlement in their territories. 2.In the case of refugee claimants whose claim for asylum has been rejected, a strong argument can be made for having an independent and separate review procedure. 3.It is critically important, regardless of the type of structure chosen, to ensure that officials conducting the review are professionally trained and experienced officers. (Continued)

Essentials of Migration Management 16 Topic Three Administration Issues 4.It is up to the migration authorities in each country to decide what review structure is more suitable. However, in many countries there may no longer be a choice since the courts may well have already decided the matter. 5.The Constitution of a federal government may or may not specify what level of government has the paramount authority in migration matters. 6.For a number of States, the events of 11 September 2001 tipped the balance in favour of organizational structures that enhance and stress the security aspects of migration control. 7.Whatever the administrative structure, there is no doubt that appropriate data collection is vital for quick and efficient immigration services.

17 Last Slide Section 1.9 Developing an Administrative Framework