Welcome to Dom Velcic
We are pleased to announce that Mr Dom Velcic has joined our professional staff as a Migration Agent. Dom has ten years' experience in the legal profession. He has also taught Industrial Relations, Psychology, and Politics at the University of New South Wales in Sydney. Dom holds BA (philosophy and science and technology), LLB, and Master of Commerce degrees from UNSW. He is currently undertaking Master of Law studies. Dom's interests include justice issues, refugees, and civil liberties. He is a Member of the Migration Institute of Australia, a Registered Migration Agent and a Justice of the Peace. Other languages: Croatian.
Contact Dom Velcic.
News from DIMIA
- The DIMIA offices in The Rocks are relocating to the Haymarket near Sydney's Central Station. Effective Monday 8 April 2002, the new address will be 26 Lee Street, Sydney NSW 2000 (opposite the bus interchange at Railway Square, just outside Central Station). Telephone and postal address will remain the same. This DIMIA office will be closed to the public on Friday 5 April 2002.
- The Australian Embassy at Manila has commenced publishing a new newsletter. The inaugural issue contains interesting articles about DIMIA Manila's Spouse and Prospective Spouse Pre-Lodgement Service, and about Sponsored Visitor Visas. The newsletter is available on the Embassy's website: www.australia.com.ph
- DIMIA has made available to Migration Institute of Australia members a document entitled Offshore Partner Processing Model. The model is proposed as the 'best practice', that is, the standard that DIMIA officers are aiming for in their processing of offshore spouse and partner applications. It contains useful information on the assessment steps to be taken for applicants from "higher risk" and "lower risk" countries. For further information, contact David Bitel.
- The Minister for Citizenship and Multicultural Affairs, Mr Hardgrave, has announced $8.2m in grants to assist migrants, refugees and humanitarian program entrants. The Minister especially encourages grant applications from non-profit community organisations in rural and regional areas. Applications close on 22 March. Media Release Settlement Funds to Target Migrants.
Legislation Update
Overseas Trained Doctors
On 1 February, the Daily Telegraph reported that the NSW State Government would launch a $2 million campaign including an aggressive recruitment drive to lure doctors from overseas to fill vacancies in rural and remote areas. Full details of the NSW Area of Need Program, including lists of existing vacancies, are available at the NSW Health website. We also invite you to contact Etienne Hugo.
Longterm Economic Forecast and Immigration Policy
The Age newspaper recently reported on a new Long Term Economic Forecast by BIS Shrapnel. The report predicts Australia will require a doubling of the current migration intake in order to compensate for the aging population and declining fertility. According to the Age article, Immigration Minister Philip Ruddock has repeatedly dismissed calls for a formal population policy, believing that Australia's population will stabilise at about 25 million in 2050 and that increased levels of immigration would have little impact on slowing the ageing of the population.
"Double migrant quota: report", The Age, 21 January 2002
Long Term Forecast - BIS Shrapnel press release 17 December 2001.
ABC TV Documentary - DIY Law
A four-part documentary series, "DIY Law", began screening on ABC TV in late February. The real-life courtroom dramas follow unrepresented litigants through various Australian courts. The second episode, "Secrets or Lies", concerned an unrepresented litigant in the Migration Review Tribunal. A summary of the show, which went to air on Tuesday 7 March, together with a useful set of links created by the Law and Justice Foundation, may be found at http://www.abc.net.au/diylaw/resources.htm
Asylum Seekers and Detention Centres
- The U.S. Committee for Refugees has released a 48-page report entitled Sea Change: Australia's New Approach to Asylum Seekers. The report and a press release are available at the USCR website
- HREOC National Inquiry into Children in Immigration Detention. On 6th February, officers from the Australian Human Rights and Equal Opportunity Commission released a report of their visit to Woomera Immigration Detention Centre. On 22nd February, the Human Rights Commissioner, Dr Ozdowski, announced the appointment of Expert Assistant Commissioners to assist the Inquiry, and also released Background Papers.
6th February media release
22nd February media release
- The Government will allow a representative of the United Nations High Commissioner for Human Rights to visit Australia's immigration detention and processing centres. The visit is expected to take place between May and August of this year.
Minister for Foreign Affairs press release, 11 February 2002.
- Catholic overseas aid agency Caritas Australia has launched its annual 'Project Compassion' appeal. This year the community is called upon to heed the needs of refugees and displaced persons worldwide.
'Uphold the Rights of Asylum Seekers' - appeal, Media release 12 February 2002
Speech to Caritas supporters by Duncan MacLaren, Secretary General, Caritas Internationalis
International Agency appeals for assistance for refugees, Media release 11 February 2002.
Recent Caselaw
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A single judge of the High Court was recently called upon to decide an application for an order nisi in the context of a spouse visa application. Justice Kirby confirmed the principle that Constitutional writs are not available to correct errors of fact made by the Tribunal within its jurisdiction, and noted that the applicant had also not established a reasonably arguable case for the provision of Constitutional relief, nor a breach of the rules of natural justice or procedural fairness which would give rise to a foundation for relief before the Court. Re MIMA; Ex parte Holland [2001] HCA 76.
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Another recent decision concerned the High Court's original jurisdiction as it pertained an application for a protection visa. The issues included whether there had been a breach of the procedural requirements of the Migration Act 1958 (Cth) in the failure of the Refugee Review Tribunal to refer to the applicant's allegation of torture; whether the applicant had been denied natural justice in the failure to disclose country information to the applicant; whether the Tribunal had erred in its treatment of the applicant's protest activities in Australia post-arrival; and alleged actual bias by the delegate. Justice Kirby noted that the applicant had previously been fully heard by the Tribunal and two levels of the Federal Court, and refused the application for an order nisi. The decision will be useful to advisors contemplating use of Constitutional writs.
Re MIMA; Ex parte "A" [2001] HCA 77.
- In our November newsletter, we reported on the case of Kevin and Jennifer (Applicants) and Attorney-General for the Commonwealth (Respondent), [2001] FamCA 1074
. In this case, a couple won their legal battle to have their marriage declared valid after the husband, a female to male transsexual, was declared to be a man by the Family Court of Australia. The decision is considered to be significant in terms of the law relating to transsexuals, and may be relevant in the context of interdependency visas. The decision has been appealed to the Full Court of the Family Court, which heard argument on 18 and 19 February. The Full Court has reserved its decision. We will report on the outcome of the appeal in a future issue of the Newsletter.
- On 7 March, the High Court handed down its decision in MIMA v Singh [2002] HCA 7. The case is important both for its discussion of "serious non-political crime" in the context of the Refugees Convention, and for the administrative law issues considered. A full analysis will be included in the next edition of our Newsletter.
Contact
us
Parish
Patience Immigration
Lawyers
Level 1, State Street Centre
338 Pitt Street
SYDNEY NSW 2000
AUSTRALIA
Tel: +612
9286 8700
Fax: +612 9283 3323
Email
www.parishpatience.com.au/immigration/
Registered
Migration Agents 9255523, 9360676, 9359088, 9370721,
9800540, 9802999, 0004435, 0002240
Liability is
limited by the Solicitors Scheme under the Professional
Standards Act 1994 (NSW)
