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Issue No 22 June 2000
   
  Collapse of democracy in Fiji
   
Inside this issue:
 
Australia has no response to Fiji crisis

As the people of Fiji watch their country's infant democracy collapse and wonder what life will be like under a dictatorship of racist gunmen, Australian immigration authorities have responded to the crisis by doing absolutely nothing. Access to the visa section of the Australian High Commission in Suva has been severely curtailed, and Fijians in Australia on temporary visas have been told they will not be given any "special consideration" when those visas expire.

A similar attitude of inactivity has been shown in response to developments in Zimbabwe, although according to newspaper reports prospective asylum seekers from that country have not had difficulty in getting temporary visas to come and check out prospects for resettlement in this country.

Government statement on Fiji
Media Release on Zimbabwe
Canberra Times article


Plans for employer sanctions go ahead

Starting on 1 November this year, employers will be required to check that anyone they hire has a legal right to work in Australia. Substantial fines will be imposed on employers on a "strict liability" basis: that is, the prosecution will not have to show the employer actually knew the person they were hiring had no right to work. Fines will range from $1,100 for an "infringement" by an individual up to $66,000 for reckless behaviour by a corporation. These penalties may be multiplied by the number of illegal workers employed.

The preferred method of checking a person's right to work will be the Work Rights Declaration Form (WRDF). To keep within the law, any employer hiring new staff from 1 November will need to complete a WRDF and attach copies of appropriate documentation supplied by the worker within 48 hours of taking the worker on. WRDFs will need to be kept by the employer for inspection by Immigration officials at any time up to five years after the worker is hired.

An illegal worker is someone who either does not have permission to do any work in Australia or has restricted permission to work but is working outside those restrictions.

People who have unrestricted permission to work in Australia are:

  • Australian citizens
  • Most New Zealand citizens
  • Permanent residents
  • Some temporary residents whose visas are not endorsed with a work limitation

People who have restricted permission to work in Australia are:

  • Most overseas students (20 hours per week during lecture periods)
  • Working holiday makers (maximum of three months with any one employer)
  • Sponsored temporary residents (must work for sponsor)
  • Short-term business visitors (only work that would not normally be performed by someone in Australia)

Information material
Media Release


News in brief

Thailand has joined Australia, Chile, Hong Kong, South Korea, the Philippines and New Zealand in the APEC Business Travel Card scheme. APEC cards are valid for three years and allow holders to travel freely between the participating countries for business purposes, with stays of up to three months at a time.
Media release

Australia and China have renewed for another two years the safe third country agreement in place since May 1995. Under the agreement, Vietnamese nationals who have been resettled as refugees in China are denied access to usual asylum application procedures in Australia and summarily returned to China.
Media release

The Department's Business Skills Section has released a report on Getting into Business in Australia, based on surveys of business skills migrants over periods of two and three years.
Report


Hot links

With each edition of Australian Immigration Law Update we will try to find some new or interesting sites that you might enjoy visiting. This month, you might like to try out some of these*:

*These sites are not in any way endorsed or connected with Parish Patience. The listing of a commercial site does not imply any recommendation or warranty concerning the products or services offered.


Contact us:

Parish Patience Solicitors
Immigration Law Section
Level 1, State Street Centre
338 Pitt Street
SYDNEY NSW 2000
AUSTRALIA 

Tel: +612 9286 8700
Fax: +612 9267 8808
Email

Liability is limited by the Solicitors Scheme under the Professional Standards Act 1994 (NSW)


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Disclaimer

The contents of this newsletter are not intended to be legal advice. Parish Patience accepts no responsibility for any action taken in reliance on anything contained in the newsletter. Individuals should seek advice about their own circumstances only from a registered migration agent.

Copyright © Parish Patience Solicitors 2000. All rights reserved.