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www.parishpatience.com.au/immigration/

The government announced in January that new measures will be put in place from July to facilitate migration by qualified ICT (Information and Communications Technology) professionals as well as recent graduates in the field.

An extra 2 500 skilled migration places, taken from the government's "contingency reserve", will be earmarked for ICT professionals and sponsors of temporary residents will not be required to undertake labour market testing to show that there are no local candidates for the job.

Recent graduates will be allowed to apply for permanent visas without leaving Australia. Under existing rules, graduates must lodge their application at an Australian Embassy overseas and can only stay on in Australia during the processing period if they hold another temporary or student visa.

Outlined in the joint announcement by the Immigration and Communications Ministers is a proposal to give priority to visa applicants with ICT background and also to allow electronic lodgement of applications. Also proposed is an "industry-wide Labour Agreement", which would presumably allow for pre-approval of sponsors and fast-tracking of visa applications. Training requirements will also be relaxed. Future regulations will need to be framed to implement these announced changes.

Media release

Government removes Medicare eligibility from Parent visa applicants

Amendments to the Health Insurance Act have removed Medicare cover from people applying in Australia for permanent residence as parents of Australian citizens or permanent residents.

The changes apply to anyone who has an active parent visa application, as well as to anyone with an active protection visa (refugee) application if they have ever in the past applied for a parent visa (even if refused or withdrawn).

The government issues a maximum of 500 parent visas per year to onshore and offshore applicants combined. With backlogs reported to be as high as 20,000, the decision to deny Medicare benefits could mean a great deal of suffering for elderly applicants and their families, who iwll now be expected to obtain private health insurance.

News in brief

Ministerial consultations on the 2001-2002 Migration and Humanitarian Programs will take place in Darwin on 1 February and Nowra on 15 February. A discussion paper is available from the Department.

With effect from 1 July 2001, Sweden will joing the list of countries whose citizens are eligible for Working Holiday visas.

From 1 January 2001, citizens of Bulgaria, the Czech Republic, El Salvador and India have been removed from the "risk factor" list for visitors.

Recent cases

Cardenas v Minister for Immigration and Multicultural Affairs [2001] FCA 17
The Federal Court considered the requirements of sponsorship for a subclass 457 Long Stay Business visa, and also the elements affecting the discretion of the MRT to uphold the cancellation of such a visa.

Dranichnikov v Minister for Immigration and Multicultural Affairs [2001] FCA 18
Section 48A of the Act prevents a further application for a protection visa even in the case of a person who was only included in the first application as a member of the family unit of the primary applicant.

Goldie v Commonwealth of Australia [2000] FCA 1873
Section 189 imposes a duty on an officer who "reasonably suspects" a person to be an unlawful non-citizen. Even where that suspicision arises due to an error in the Department's own records, the detention is not unlawful.

Contact us:

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

Tel: +612 9286 8700
Fax: +612 9283 3323
Email

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