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| Issue No 40 | October/November 2002 | ||||||
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We wish our readers of every faith and tradition greetings of the season. Our offices will remain open during the holiday season, closing only for public holidays December 25-26 and January 1.
Managing Partner David Bitel and Solicitor Etienne Hugo recenty attended the International Bar Association Conference in Durban, South Africa.
Dr Hugo presented a paper, 'The effect of 11 September 2001 on international immigration policies, from an Australian perspective'.
Mr Bitel was elected Senior Vice President of Committee 14 (Immigration and Nationality) of the Section on Legal Practice of the International Bar Association. He is also a member of the IBA Executive.
Nigel Dobbie, a Senior Associate at Parish Patience Immigration, will travel to India in January to give advice to applicants for all categories of migration to Australia. Most applicants must have English language fluency and need to be aged under 35 years. In addition, most applicants other than student visa applicants must have recognised trade or professional qualifications in an occupation listed on the Skilled Occupation List.
Applicants wishing to make an appointment should email a resumé (CV) with their request for an appointment to Nigel Dobbie, or ring Nigel on tel. +61 2 9286 8700. A consultation fee may apply.
On 12 October, David Bitel was honoured to be presented with the 2002 Austcare Refugee Week Paul Cullen Award. The Paul Cullen Award recognises the sacrifice of organisations and individuals who have taken an active part in the work of assisting refugees.
The November 2002 issue of the Law Society Journal (NSW) contains a feature on Mr Bitel and the award, "From Fiddler on the Roof to 'father' of the Bangladeshi community: Paul Cullen Humanitarian Award goes to solicitor David Bitel".
David Bitel is one of only six Australian immigration lawyers to be included in the 2002 edition of International Who's Who of Business Lawyers (published in London by Law Business Research Ltd). Skilled migration & business entry
New initiatives to promote temporary business visas for regional Australia took effect on 1 November. The new 'regional 457' visas will bring temporary workers for up to 4 years to all areas of Australia outside of the major metropolitan centres. The arrangements are intended to complement those already in place for permanent entry under the Regional Sponsored Migration Scheme (RSMS).
Gazette notice - specification of bodies 1 November 2002.
For additional information on regional migration, please contact Nigel Dobbie.
By gazette notice of 1 November, the Minister for Immigration has specified the minimum salary level for subclass 457 (Business (Long Stay)) occupations at $35,828.
The Gazette notice includes the complete list of gazetted occupations, and also includes reference to an extended range of subclass 457 occupations in regional areas for positions which are certified by a Regional Certifying Body.
Gazette notice - specification of minimum salary level and occupations 1 November 2002.
The November issue of Vetassess News advises:
For additional information we invite you to contact Annette Aitken.
Japan has joined the Asia Pacific Economic Cooperation (APEC) Business Travel Card Scheme. Australia, Brunei, Chile, China, Hong Kong, Peru, South Korea, Indonesia, Malaysia, New Zealand, the Philippines, Thailand and Chinese Taipei are already participating in the scheme.
Joint Media Release - Minister for Trade and Minister for Immigration
English Language requirement: An average of 6.5 in IELTS is now required.
English Language requirement: Principal applicants can no longer pre-purchase ESOL training. Principal applicants are now required to obtain an average score of 5 for the IELTS to qualify for residence.
English Language requirement: The principal applicant can no longer pre-purchase ESOL training. The applicant is now required to obtain an average score of 5 for the IELTS to qualify for the visa.
Holders of Long Term Business Visas, who subsequently apply for residence under the Entrepreneur category, will still only need to meet the average score of 4 in IELTS, not the new standard of 5.
English Language requirement: An average of 6.5 in IELTS is now required.
Applicants must have qualifications required on the New Zealand Immigration Service's Occupational Shortages Lists.
The Minister for Immigration, Mr Ruddock, has welcomed the reforms to the New Zealand skilled migration program, which bring it closer to Australian migration policy.
Media Release MPS 101/2002
For additional information about the New Zealand changes, we invite you to contact Rania Skaros.
On 13 October, the Sunday Telegraph reported that the New South Wales Ambulance Service is offering a seven-week course designed to attract overseas trained doctors, nurses, welfare workers and nursing home staff from non-English speaking backgrounds.
An upgraded Business Entry Point website has been launched by the Minister for Small Business and Tourism, Mr Hockey. The website contains a wide range of information relevant to small business, including: Starting a business; Taxation; Registering a business; Licences and permits; Grants and financial assistance; Home-based business; Employing people; and Selling to government.
On 18 June 2002, the Minister for Immigration and Multicultural and Indigenous Affairs, Mr Ruddock, asked the Parliament Joint Committee on Migration to review and report on Australia's migration and temporary entry program for skilled labour. Many submissions have been published on the Committee's website. The Committee held its first public hearing in Canberra on 11 November.
Through our membership in the Migration Institute of Australia, we have received several new information sheets and guides published by the Department of Immigration and Multiculturalism and Indigenous Affairs relevant to skilled migration and temporary business entry. These include:
For additional information we invite you to contact
Annette Aitken.
A recent media release from Senator Kemp, Acting Minister for Communications, Information Technology and the Arts, summarises the Government's position in relation to the ICT labour market. He notes that there has been a 26% decline in the number of temporary visas granted to ICT workers in 2001-02 compared to the previous year. Media release, 11 October 2002.
And economic forecaster BIS Shrapnel has released its Long Term Forecasts 2002 to 2017, including five- and ten-year forecasts for a variety of industries.
Changes to the Migration Regulations, commenced on 1 November 2002, affect certain student visas. Changes include IELTS test exemptions for IPRS holders,
family members from whom students may receive financial support,
no further stay conditions,
becoming a student while in Australia requirements,
changes to custody requirements for students under the age of 18 years, and other technical changes.
Summary - Student Visa Changes
Gazette notice - specification of assessment levels for passports issued by foreign countries in relation to student visas 1 November 2002.
For additional information on student visas, we invite you to contact Diana Tong.
On 12 November, the Minister for Immigration, Mr Ruddock, announced that he will be introducing legislation to increase the available number of parent migrant visas.
The existing parent migration scheme would be increased by 500 places, to a total of 1,000 visas.
In addition, a new "contributory" scheme would be enacted, whereby a health charge and bond would be payable. 4,000 parents would be able to migrate under the new scheme.
The Migration Legislation Amendment (Contributory Parents Migration Scheme) Bill 2002 was introduced into Parliament on 5 December 2002. We invite you to contact Annette Aitken, who will be monitoring the progress of the new parent visa legislation.
Media Release MPS 097/2002
Visitors & Working Holiday Makers
Australia and Belgium have signed a reciprocal Working Holiday Maker (WHM)agreement. Australia now has 15 WHM arrangements in place; the others are Canada, the Republic of Ireland, Japan, Malta, the Netherlands, the Republic of Korea, the United Kingdom, Germany, Sweden, Norway, Denmark, Finland, the Hong Kong Special Administrative Region of the People's Republic of China and Cyprus.
From 1 November 2002, immigration law has been amended to create a new temporary visa, the Work and Holiday (Class US) (Subclass 462) visa. This visa is for nationals of countries where a special bi-lateral arrangement has been signed. This visa provides for young professionals from agreement countries to holiday and work in Australia. The new temporary visa applies only to nationals of countries that have been included by Gazette Notice and, as at time of writing, no countries have yet been gazetted.
A Human Rights and Equal Opportunity Commission report concerning breaches of the International Covenant on Civil and Political Rights by the Department of Immigration and Multicultural and Indigenous Affairs has been tabled in Parliament.
HREOC Media Release
The Minister for Immigration, Mr Ruddock, has released a reply, "HREOC Report Short on Facts and Credibility", Media Release MPS 89/2002.
The Minister for Immigration, Mr Ruddock, has published a response to a report, Humanitarian Program for People Seeking Protection in Australia, by the Australian Conference of Leaders of Religious Institutes (September 2002).
On 17 November, the Minister for Immigration, Mr Ruddock, confirmed that 113 Afghan asylum seekers were being flown from Nauru to Kabul. Of the 549 Afghans remaining on Nauru, another 318 had accepted the Government's reintegration package and arrangements were being made to return them home.
In related news, Mr Ruddock has announced a series of packages worth $2.4 million to assist Afghanistan, the bulk of which is intended to strengthen migration and border control systems.
Julia Gillard, Shadow Minister for Population and Immigration, in a media statement issued on 9 October, highlighted the case of a Colombian man who had been murdered after having been denied a protection visa.
"Recently the Department's own auditors, Ernst & Young, found that country information was not gleaned from sufficiently broad sources and was not updated to take developments in origin countries into account. The importance of this information cannot be underestimated – it is, quite literally, a matter of life and death in many cases," Ms Gillard stated.
Media Statement 9 October 2002
A number of changes to the Migration Regulations commenced on 1 November 2002. The changes cover several visa classes - including students, business long stay, skilled, and family residence applications. Some of the changes are retrospective, however according to the Explanatory Statement none will be disadvantageous. As always, professional advice is recommended.
A number of Bills relevant to immigration law are currently before Parliament. Most of these Bills have been summarised in previous editions of our Newsletter. Below is a summary of their status as at 5 December 2002.
Full text of the Bills, Explanatory Memoranda, 2nd Reading Speeches and Bill Digests may be found in the
Parliament Bills Index.
This Bill is the Government's response to the Review of Statutory Self-Regulation of the Migration Advice Industry. The Government has committed to continuing the statutory self-regulation scheme through the Migration Registration Agents Authority, and will strengthen the Migration Agents' Code of Conduct to allow more scope to sanction agents who act in an unethical manner. Also, migration agents working overseas will be included in the registration scheme.
The Bill has passed through the House of Representatives and been introduced into the Senate. Debate was adjourned on 14 November 2002.
This Bill provides for a new special benefit activity test, under which certain people on temporary protection, humanitarian or safe haven visas will be required to work for their welfare benefits from 1 January 2003.
The Bill has passed through the House of Representatives and was introduced into the Senate on 21 October 2002. It was then referred to the Senate Community Affairs References Committee, which tabled its report on 2 December 2002.
On 25 June 2002, the Senate referred the Bill for Inquiry by the Senate Legal and Constitutional Committee. The extended reporting date for this inquiry was 21 October 2002. As at time of writing, the report had not yet been tabled in Parliament.
Link to the Inquiry
Not yet introduced as at 5 December 2002.
Not yet introduced as at 5 December 2002.
To implement the government's response to the recommendations of the Joint Standing Committee on Migration's report on the Deportation of Non-Citizen Criminals &c - not yet introduced as at 5 December 2002.
To improve the Migration Review Tribunal and the Refugee Review Tribunal review procedures and streamline the decision-making processes of each Tribunal - not yet introduced as at 5 December 2002.
Regarding information gathering by the Department of Immigration and Multicultural and Indigenous Affairs &c - not yet introduced as at 5 December 2002.
The New South Wales Miscellaneous Acts Amendment (Relationships) Act 2002 No 73 received Royal Assent on 1 October. The Act extends the definition of "de facto relationship" to a range of statutes so that de facto couples, including same-sex couples, will enjoy the same rights to protection in court, work entitlements and financial security as married couples.
The Act as passed is found at http://www.legislation.nsw.gov.au/
Explanatory notes and 2nd reading speeches (Hansard) are found at http://www.parliament.nsw.gov.au/
The Australian Government has temporarily closed its embassy in Manila, due to terrorist threat.
Alternative arrangements for visa applicants, including telephone numbers for enquiries within the Philippines, are detailed on the DIMIA website.
Additional information, including travel warning and telephone numbers for enquiries within Australia, is found on the Department of Foreign Affairs website.
Clients who have any questions about the amended procedures should contact the telephone numbers listed on the website, or their immigration adviser.
The Minister for Immigration, Mr Ruddock, has launched eVisa, an initiative that allows people to apply and pay for commonly sought Australian visas via the Internet.
The e-lodgement options apply to visitors wishing to extend their stay in Australia, prospective students from certain 'low risk' countries, overseas students already in Australia seeking to extend their visas or permission to work, and Australian residents wishing to apply for resident return visas.
[Editorial note: The eVisa will not be a substitute for professional advice in many instances.] Related: Minister launches Hobart visa centre, Media release MPS 102/2002
The Minister for Immigration, Mr Ruddock, has launched an information kit, Managing Migration. The kit is intended as a tool to show that Australia's migration policy benefits all Australia, and that its border control strategies are 'recognised world-wide as best practice'.
The Minister for Immigration, Mr Ruddock, has launched a new website intended to act as a 'portal' for immigration-related information on the Internet. The Immigration Portal acts as a gateway to direct users to information both within the Department of Immigration and to other relevant government departments and agencies.
The new website is at http://www.immigrationportal.gov.au
A major new report by the Commonwealth Scientific & Industrial Research Organisation (CSIRO) discusses three potential levels of population for Australia in 2050. The report examines the relationships between population, technology, resources and environment.
Both the full report, Future Dilemmas, and a summary, Dilemmas Distilled, are available at DIMIA's Recently published research web page.
From 1 July 2002, persons who have entered Australia on an eligible temporary resident visa and who subsequently permanently depart Australia, are able to receive payment of any superannuation they have accumulated.
People who have divided their working lives between Australia and the United States of America will benefit from a new social security agreement between the two countries, Acting Minister for Family and Community Services, Mr Anthony, has announced.
Australia now has social security agreements with Austria, Canada, Cyprus, Denmark, Ireland, Italy, Malta, the Netherlands, New Zealand, Portugal, Spain and the USA. New agreements are also pending with several additional countries.
The Minister for Citizenship and Multicultural Affairs, Mr Hardgrave, extended greetings to the Australian Muslim community on the occasion of the holy month of Ramadan
Recent caselaw
Following is a brief outline of recent developments. Full text of decisions and transcripts of High Court hearings are available on Austlii.
As reported in our previous newsletter, Parish Patience Immigration, Lawyers, are acting for the plaintiff in a High Court challenge to the Government's recent 'privative clause' legislation, Plaintiff S157 of 2002 v The Commonwealth of Australia. The High Court has reserved its decision, and we anticipate receiving the Court's judgment later this year or early in the New Year.
Parish Patience Immigration Media Release
The applicant, Mr Te, made an application to the High Court seeking an order for certiorari, to quash the decision made by the Administrative Appeals Tribunal, and for prohibition, to prohibit the Minister for Immigration from deporting him and for consequential relief.
This applicant was referred to the Full Bench of the High Court.
The applicant was an Australian permanent resident. He was convicted of a number of criminal offences and subsequently an order to deport him was made pursuant to s200 of the Migration Act 1958. The applicant unsuccessfully appealed to the AAT.
The applicant claimed that he was beyond reach of s200 as he was no longer an 'alien' having regard to the fact that he now owed allegiance to the Queen of Australia, he was a member of the Australian community and had been absorbed into that community.
The meaning of 'alien', was addressed by each of the justices.
In the High Court, each of the seven justices concluded that the applicant was still an 'alien' within the meaning of s51(xix) of the constitution and therefore is subject to the Minister's orders for cancellation of visa and deportation.
Reader contributions of upcoming events may also be submitted to the Parish Patience Immigration Update Newsletter Editor.
"It is easier to love humanity as a whole
- Eric Hoffer
We welcome reader contributions of quotable quotes to the Editor.
Parish
Patience Immigration Tel: +612
9286 8700 Registered
Migration Agents 9255523, 9359088, 9370721, Liability is
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