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| Issue No 26 | October 2000 | |||||
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| Regulation changes from 1 November Amendments to the Migration regulations taking effect from 1 November include introducing a new layer of bureaucracy into the lives of domestic violence victims and further breaches of Australia's international obligations under the Refugees Convention. People applying for residence on the basis of spouse or same-sex relationships generally need to wait two years for permanent residence in order to demonstrate the genuineness of the relationship. An exception exists for applicants who can show that they have been forced to leave an abusive partner. Evidence that domestic violence has occurred or is feared has so far been provided by obtaining a relevant court order or by producing sworn statements from appropriate professionals. From 1 November the views of a Court or a trained professional will be put aside in favour of those of public servants employed by Centrelink. In a strange use of the term "independent" when referring to a government agency, the official explanatory statement says "This amendment is intended to increase the integrity of the special provisions relating to domestic violence by allowing an independent, qualified service provider to assess domestic violence claims." Since Centrelink will not be in a position to provide any legal protection to the victim, it will still be necessary for the Courts and police to become involved. From the victim's point of view, therefore, the new provision is just one more bureaucratic maze to get through. The new refugee provisions also make life tougher for victims. From 1 November, any refugee who has failed to comply strictly with the niceties of international travel protocols will be penalised by being forced to accept temporary rather than permanent refuge, no chance of bringing family members to join them and no right to return to Australia if they go overseas. These restrictions will apply to anyone who enters Australia under an assumed name or with altered documents or used a fraudulent document to obtain a visa. Recognising that since time immemorial genuine refugees have been forced to resort to such devices to escape persecution, the framers of the Refugees Convention included Article 31, both parts of which are clearly breached by the new provisions: Article 31 Refugees unlawfully in the country of refuge. (1) The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of Article 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence. (2) The Contracting States shall not apply to the movements of such refugees restrictions other than those which are necessary and such restrictions shall only be applied until their status in the country is regularized or they obtain admission into another country. The Contracting States shall allow such refugees a reasonable period and all the necessary facilities to obtain admission into another country. Other amendments taking effect on 1 November deal with the mechanics of application fee refunds and specify in greater detail visa conditions applying to the custody of children. Migration
Regulations Amendment (No 5) 2000 A decision by the New Zealand government to introduce a limited regularisation program for long-term oversayers in that country provoked paroxysms from some quarters in Australia during September, until the NZ and Australian Prime Ministers met in Sydney and agreed that Australia had nothing to fear from "back door" migration across the Tasman. The New Zealand leader, Helen Clarke, was no doubt bemused by Australian Immigration Minister Philip Ruddock's fears of a wave of "lower grade" migrants getting into New Zealand then rushing across the Tasman once they got citizenship there. She may have remembered a former New Zealand leader who said of those of his compatriots who moved to Australia that it increased the average IQ of both countries. October 1 2000 transitional program, New Zealand Ministerial consultations on next year's migration and humanitarian program are scheduled for Sydney on 16 October, Adelaide on 25 October and Darwin on 26 October. The Adult Migrant Education
Program has its own page on the DIMA Website. 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. Parish
Patience Solicitors Tel: +612
9286 8700 Liability is limited by the Solicitors Scheme under the Professional Standards Act 1994 (NSW) Previous editions:
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Parish Patience Solicitors 2000. All rights reserved.
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