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| Issue No 28 | December 2000 | |||||
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| Migration Legislation Amendment (Overseas
Students) Bill passed in Senate Legislation passed by the Senate in December will allow for automatic cancellation of student visas following notification by an education provider that the student has not been complying with conditions. The student will be given 28 days to report to the Department in person to explain the non-compliance. Amongst other things, education providers may also be "black-listed" if a certain proportion of their students are found to be "non bona-fide". "If Australia has a hell hole, this is it" - Malcolm Fraser Former Prime Minister Malcolm Fraser strongly criticised the management of the Immigration detention centre at Woomera, South Australia, in a speech delivered on 10 December as he accepted the Human Rights Medal in Sydney. He referred to the centre as a "hell-hole". Mr Fraser was particularly critical of the use of crowd control equipment such as water cannon and tear gas, which he said was unprecedented in Australian history. He called for an open, public inquiry into allegations of abuse at the facility, describing the planned Departmental inquiry as "inadequate". Woomera has been the centre of allegations of abuse of prisoners, including one of failure to prevent the sexual abuse of a 12 year old boy. On 18 December the South Australian Department of Family and Youth Affairs found there was no evidence to substantiate that allegation. Charges are pending in Western Australia against two prisoners accused of sexually abusing young children at the Curtin detention centre near Derby. Until recently, the Australian government has consistently refused to reconsider its policy of mandatory detention of asylum seekers, including children, who arrive without "proper" documentation. Towards the end of December the Minister indicated that he was prepared to look at the possibility of releasing women and children if acceptable arrangements could be made. Nearly 250 children are currently held in Australian detention centres, and in an article published in the Age on 2 December 2000 Minister Ruddock is reported as placing the blame for this on the asylum seekers themselves who bring their children with them when fleeing persecution. Sanctions for employers of undocumented workers not yet in place Changes to the law requiring employers to ascertain the work rights of potential employees, originally intended to be introduced in November 2000, have been delayed for several months while the government implements a program of warnings and consultations with employer groups. Rural employers have been particularly critical of the proposed sanctions because of their dependence on seasonal labour and the difficulty of establishing the immigration status of itinerant workers. In a cabinet reshuffle announced on 20 December responsibility for Aboriginal and Torres Strait Islander Affairs was added to the portfolio of the Minister for Immigration and Multicultural Affairs, held by Philip Ruddock. The Refugee Council of Australia received a high commendation in the annual Human Rights Day Awards on 10 December. Senior partner of Parish Patience, David Bitel, who is the National President of the Refugee Council of Australia, received the award in the Community Section, presented by the Human rights and Equal Opportunities Commission of Australia. The Federal Court in Nong v Minister for Immigration and Multicultural Affairs has ruled that failure to comply with the course attendance condition of a student visa cannot be established until the course is completed. The ruling only applies to visas issued before 1 November 2000, when the wording of the condition was altered. 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 Immigration 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 Immigration 2000. All rights reserved.
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