Movement of persons in custody
If a person in custody needs to travel on a prescribed air service, for example an aircraft operating a domestic or international regular public transport service, the enforcement agency responsible for the person must notify the operator of the proposed air service and provide them with information about the person travelling. The agency must also notify operators of security-controlled airports of any 'dangerous' persons in custody moving through their airport.
International removals will generally be conducted under the Migration Act 1958 (for immigration purposes). However, international travel will occasionally be authorised under other legislation such as the Extradition Act 1988. The regulations impose different requirements on different types of movement of persons in custody.
Supervised departures (immigration purposes only)
These involve the unescorted departure from Australia of non-citizens who are cooperating in the departure process and any associated domestic travel for the purpose of that departure. The person is in immigration detention, and under the supervision of an officer under the Migration Act 1958, until the point of departure from Australia.
- The aircraft operator must be notified of any supervised departures no less than six hours before intended flight (unless otherwise agreed with the operator).
- No more than two escorted persons in custody can be carried on the same flight unless the aircraft operator agrees and the Secretary gives written approval. The only exception is for a family unit: The Secretary's approval is not required if an aircraft operator agrees to carry an escorted family of three or more persons on an aircraft.
- In most cases the number of escorts travelling with the person can be agreed between the enforcement agency and the aircraft operator.
- A 'dangerous' person must have at least two escorts, one of whom must be the same sex as that person. Only one 'dangerous' person can be carried on a flight without the approval of the aircraft operator and the Secretary.
Escorted domestic travel maintaining immigration detention
This applies to domestic travel of persons in custody who are escorted so that they remain in immigration detention, not because they are a security risk.
- An aircraft operator must be notified at least 24 hours before the intended flight.
- The operator must raise any concerns or seek further information from the relevant agency at least 12 hours before the intended flight.
Escorted travel by 'dangerous' persons in custody (immigration and other purposes)
This refers to the movement of persons in custody who are considered 'dangerous' under regulations 4.75 and 4.87 of the ATSR.
- An aircraft operator must be notified of any intended escorted travel by a 'dangerous' person in custody at least 48 hours before the intended travel.
- A response to the request must be provided no less than 24 hours prior to the flight.
- Operators may seek additional information before assessing the request.
- Operators must decide whether to carry the person or not at least 12 hours before the flight.
- If the request is granted, the enforcement agency must notify the operator of any airports the person will be travelling through at least 12 hours before the intended departure.
Escorted travel by non-dangerous persons (all other purposes)
Persons who are not 'dangerous' may be escorted if requested by the country they are travelling to, simply to ensure arrival at the intended destination.
- An aircraft operator must be notified of any intended escorted travel at least 48 hours before the intended travel.
- If the aircraft operator requires more information or wishes to raise concerns about the proposed travel, they must do so in writing at least 24 hours prior to the flight.
Guidance for government agencies and contractors—Notice of the Proposed Movement of a Person in Custody (Form 1)
All agencies, including the Department of Immigration and Border Protection, police and correctional services, must use Form 1 DOC: 84 KB PDF: 248 KB to notify aircraft and airport operators of the proposed movement of people in custody. The form is set out in Schedule 1 of the Aviation Transport Security Regulations 2005. The information to be provided in the form varies according to the type of movement proposed.
|Type of movement||Parts of Form 1 that must be completed||Provided to||When|
|Supervised departures (immigration cases only)||Part A||Aircraft operator||No less than 6 hours before intended departure (unless agreed with the airline).|
|Escorted domestic travel maintaining immigration detention||Part A and Part B||Aircraft operator||At least 24 hours before the intended travel.|
|Escorted travel–dangerous persons (immigration and other purposes)||Part A and Part B||Aircraft operator||At least 48 hours before the intended travel.|
|The operator of any security-controlled airport through which the person will travel.||At least 12 hours before the intended departure, (but only after the airline has agreed to uplift).|
|Escorted travel–Other||Part A and Part B||Aircraft operator||At least 48 hours before the intended travel.|