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David Bitel consultations in Bangladesh, Manila, Melbourne & Canberra
Managing Partner David Bitel will be travelling to Bangladesh in early June and to Manila in early July. He also regularly travels to Melbourne & Canberra to see clients.
Mr Bitel will be available to give advice to applicants for all categories of migration to Australia and also for student visas. Applicants for most categories must have English language fluency and need to be aged under 35 years.
Applicants wishing to make an appointment should email a resumé with their request for an appointment to Mr Bitel's secretary, Barbara Dixon, or ring Barbara on tel. +61 2 9286 8700. A consultation fee will apply.
Solicitor Etienne de Villiers Hugo is visiting South Africa for the remainder of May. Dr Hugo is available to give advice to applicants for all categories of migration to Australia and also for student visas. Applicants for most categories must have English language fluency and need to be aged under 35 years.
Applicants wishing to make an appointment should email a resumé with their request for an appointment to Dr Hugo's secretary, Asha D'Silva, or ring
Asha on tel. +61 2 9286 8700. A consultation fee will apply.
Senior Associate Nigel Dobbie will be travelling to New Orleans USA in mid-June to attend the American Immigration Lawyers Association national conference.
Mr Dobbie will be participating in a panel discussion at the conference.
Several recent articles by David Bitel have been added to our website.
On the
Articles page:
And on the Refugees page:
Congratulations to Diana Tong and Nigel Dobbie
Our congratulations to Diana Tong, Partner, and Nigel Dobbie, Senior Associate, who have each attained 10 years as Registered Migration Agents. According to a recent Sydney Morning Herald article, only a very small percentage of Migration Agents have more than 5 years' experience.
Skilled migration & business entry
The Minister for Immigration, Mr Ruddock, has announced changes to the general skilled migration category, to take effect 1 July 2003. These changes are subject to amendments to the Migration Regulations, currently scheduled to be gazetted in mid-June. Meanwhile, we encourage those who are interested in the skilled migration category to read the Department's Skilled Migration Update, which includes a summary of the planned changes, link to the Minister's announcement and a link to a series of questions and answers.
For additional information about the planned changes to skilled migration, we also invite you to contact Sharon McCabe.
The April DIMIA Manila Newsletter contains an article on Guidelines for Nurses, summarising the requirements for applicants wishing to undertake nursing related bridging courses in Australia, to enable them to meet Australian registration requirements. Key points:
And according to a recent Sydney Morning Herald article, the New South Wales Government is investigating the possiblity of establishing links with universities in Hong Kong, China and the Philippines to train nurses to Australian standards. The article stressed that the plan is in early stages and would need agreement from nursing bodies. "Push to recruit nurses in Asia," Sydney Morning Herald, 20 April 2003.
For additional information about visas for nurses, we invite you to contact Diana Tong.
According to a recent Migration Institute of Australia bulletin, under changes due in November 2003 a subclass 457 employment sponsor will have an obligation to report a resigning or departing employee to DIMIA within 7 days. Sponsors are reminded of their current heavy sponsorship obligations. For additional information we invite you to contact Etienne Hugo.
The following links provide information about the new state and regional business skills migration scheme:
Western Australia: http://www.businessmigration.sbdc.com.au/
Tasmania: http://www.development.tas.gov.au/lifestyle/approvals.html
South Australia: http://www.immigration.sa.gov.au/
Victoria: http://www.liveinvictoria.vic.gov.au/
Unfortunately, similar information is not yet publicly available for the Northern Territory, Queensland or New South Wales.
According to a recent Migration Institute of Australia bulletin, the old Business Skills Category monitoring system will remain in place for another 7 to 8 years - this is because several thousand cases were still outstanding as at the changeover to the new system on 1 March 2003.
The same bulletin mentions that DIMIA is conducting a review of the Business Talent Visa category, particularly in reference to talented people under 18 years old, and in reference to the standards and definition of 'excellence.'
For additional information about business skills visas, we invite you to contact Rania Skaros, or visit our website Business Skills page.
The Minister for Immigration, Mr Ruddock, has launched a report by Ross Garnaut of the Australian National University, "Migration to Australia and Comparisons with the USA: Who Benefits." The reports contains interesting comparisons as to the general economic effects of migration policy in the USA and Australia.
Media release MPS 26/2003, 6 May 2003 (includes link to the Report)
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. Additional hearings were held in February 2003.
The Senate Employment, Workplace Relations and Education References Committee has commenced an inquiry into Australia's current and future skills needs. The Committee looks forward to consulting a wide range of industry representatives, VET and other training providers, government, union and community representatives. The committee is to report by the last sitting day in June 2003.
Information about how to make a submission and hearings schedule is found on the Committee's
website
For additional information about trades recognition, we invite you to contact Annette Aitken.
The Minister for Immigration, Mr Ruddock, has announced changes to the general skilled migration category, to take effect 1 July 2003. The changes particularly affect overseas students applying for permanent visas.
Overseas students who study in low-growth cities or regional areas will have a better chance of gaining permanent residency.
These changes are subject to amendments to the Migration Regulations, currently scheduled to be gazetted in mid-June.
Meanwhile, we encourage students and others interested in the skilled migration category to read the Department's Skilled Migration Update, which includes a summary of the planned changes, link to the Minister's announcement and a link to a series of questions and answers.
On 14 May, the Minister for Immigration announced Transitional Arrangements for Skilled Migration Study
For additional information about the planned changes to skilled migration, we also invite you to contact Sharon McCabe, or visit our website Students page.
A correspondent from a Canadian college has highlighted the delays experienced by applicants for student visas to study in the USA. Canada has also taken additional precautions in light of the September 11 terrorist attacks, although it remains more flexible than the USA.
For additional information on Student visas, we invite you to contact Diana Tong.
Parent, retirement & other family visas
As reported in previous issues of our Newsletter, late last year the Minister for Immigration, Mr Ruddock, announced that he would be introducing legislation to increase the available number of Parent migrant visas. The Migration Legislation Amendment (Contributory Parents Migration Scheme) Bill 2002 has now passed through Parliament and has become Act No 5 of 2003.
The new Contributory Parent visa category will begin on 27 June 2003 for applicants residing outside Australia; and on 1 July 2003 for applicants residing in Australia.
DIMIA has published an excellent 'Question & Answer' factsheet on the new requirements: New Visa Arrangements for Parent Migration.
The 'Q&A' factsheet answers many common questions, and includes an easy to understand table showing the types of visa available, age requirements, location of applicant when visa is granted, visa application charge, and assurance of support bond requirements.
In addition the 'Q&A' will shortly include a table of the queue dates to assist applicants in assessing their current place in the queue. Applicants already in the queue will need to decide whether to stay in the queue, or to withdraw their current applications and apply under the new system. Applicants can only have one parent visa application in the system.
David Bitel, Parish Patience Immigration Managing Partner, has also written a 'plain English' article explaining the background to the parent visa category and setting out the new requirements - 'Honour Thy Father and Thy Mother: Parent visas'.
See also:
For additional information about Parent visas, we invite you to contact Annette Aitken or Sharon McCabe.
The Department of Immigration has updated its publication FAQs - Retirement Visa, answering commonly asked questions about retiring in Australia, including work permissions.
For additional information about Retirement visas, we invite you to contact Diana Tong
Asylum seekers and human rights
The Immigration minister, Mr Ruddock, has announced 12,000 places for the Humanitarian Program for 2003-04.
Media Release MPS 19/2003, 31 March 2003.
Related:
Refugee Council of Australia submission on the 2003-04 Refugee & Humanitarian intake
The Minister for Immigration, Mr Ruddock, has praised UK proposals for regional management and transit processing centres, which he says bear a 'remarkable similarity' to Australia's offshore processing program in Nauru and Papua New Guinea.
Media release MPS 21/2003, 3 April 2003 (includes link to British Home Secretary's statement).
The National Inquiry into Children in Immigration Detention has released a report, "Psychological Wellbeing of Child and Adolescent Refugee and Asylum Seekers: Overview of major research findings of the past ten years". The report comprises a literature review with extensive references and suggested further readings. The final HREOC Inquiry report is due to be published later this year.
On 2 May 2003, DIMIA sent a letter of offer of voluntary return to failed Iranian asylum seekers in Australia.
DIMIA press statement DPS 31/2003, 2 May 2003 (includes copy of letter)
See also:
Refugee Council of Australia media release 12 March 2003
Compliance Parramatta have issued notice of their recent structural changes. Case management in the Sydney CBD has ceased with all NSW case management now being conducted at Parramatta. Bridging Visa E applications for clients who were detained after 26th March 2003 are being dealt with by a specialist BVE team at Parramatta. Bridging Visa E applications for clients detained prior to 26th March 2003 are being assessed by the Removals team at Parramatta. Field operations continue to be carried out by teams from both the Sydney CBD and Parramatta offices.
DIMIA has updated its Factsheet 68: Temporary Protection Visa Holders Applying for Further Protection (updated 29 April 2003).
See also:
Australia's Temporary Protection Visa Regime - Refugee Council of Australia issues paper and links.
On 31 March 2003, the US State Department released its Human Rights Country Reports for 2002.
These reports, along with the International Religious Freedom reports, provide excellent summaries of the human rights situation in all countries. They are relied upon heavily by DIMIA and the Refugee Review Tribunal in assessing refugee applications.
Demore v Kim, Supreme Court of the United States, 29 April 2003.
Norway is planning to propose reforms to the law of rescue of people at sea, when the International Maritime Organisation (IMO) meets in London later this month. The reforms arise out of the events surrounding the 'Tampa' in August 2001. Under Norway's proposal, the ship captain would have the automatic right to land asylum seekers in the country with the nearest harbour. The plan has already been opposed by the USA and Australia.
"Norway proposes new UN laws for boat refugees," Norway Post, 28 April 2003
"Norway to propose maritime reform for sea rescues," Agence France Presse, 28 April 2003
The Honourable Justice John William von Doussa has been appointed as President of the Human Rights and Equal Opportunity Commission. Justice von Doussa, from South Australia, will retire from the Federal Court to take up the appointment. He replaces Prof. Alice Tay whose 5-year term has expired.
Attorney General's Press Release, 2 May 2003.
The 59th Session of the United Nations Commission on Human Rights concluded on 25th April 2003.
Of particular note was a draft resolution proposed by Brazil and co-sponsored by 20 nations, "Human Rights and Sexual Orientation." The resolution was aimed at acknowledging discrimination based on sexual orientation and protecting those affected by it.
Consideration of the resolution was postponed until the next session, in 2004. The resolution was actively opposed by the United States and Arab and Muslim nations.
Related:
In other news, an election for 24 of the 53 seats on the Commission on Human Rights was held on 29 & 30 April 2003. Several countries with serious human rights problems of their own, including Cuba, Russia, Nigeria and Saudi Arabia won seats. The following Human Rights Watch media releases provide a good summary of recent developments:
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 13 May.
Full text of the Bills, Explanatory Memoranda, 2nd Reading Speeches and Bill Digests may be found in the
Parliament Bills Index.
This Bill contains some significant technical amendments to the Migration Act, including introducing strict liability provisions for some offences, and removing the "loophole" whereby the section 48 bar on repeat applications was available to persons granted a Bridging Visa B who re-entered Australia.
This Bill, along with the Migration Legislation Amendment (Procedural Fairness) Bill 2002, was referred to the Senate Legal and Constitutional Committee for enquiry and report. The final report was tabled on 5 June 2002.
The Migration Legislation Amendment (No 1) Bill 2002 was amended in the House of Representatives. The Bill was read a third time on 12 December 2002 and sent to the Senate for concurrence; it was introduced in the Senate on 5 February 2003.
Regarding information gathering by the Department of Immigration and Multicultural and Indigenous Affairs &c. Introduced 12 December 2002; moved Second Reading; debate adjourned.
Introduced House of Representatives 26th March 2003.
Introduced 27th March 2003; referred to Senate Legal and Constitutional Legislation Committee; report due 29th May 2003.
This Bill is controversial and has attracted wide comment and press coverage, including:
HREOC submission to Senate Committee
Attorney General's News Release and Fact Sheet
ACHRA condemns government move to strip powers from Human Rights and Equal Opportunity Commission
(Australian Council of Human Rights Agencies), 31 March 2003
"Human rights wronged," by Queensland Human Rights Commissioner Susan Booth, published in the Courier Mail 5th May 2003
"Launching a stealth attack on human rights under the cover of reform," Sydney Morning Herald, 4 April 2003.
Private Senator's Bill, introduced 27 March 2003. The Queensland Discrimination Law Amendment Act 2002 commenced on 1 April 2003. The Act amends several Queensland statutes to ensure that de facto partners, regardless of sexual orientation, have the same rights and obligations as married spouses.
The Department of Immigration and Multicultural and Indigenous Affairs (DIMIA) continually updates its information on Middle East visa processing.
Meanwhile, the Government has committed $24.8 million over 5 years to re-establish the Australian diplomatic mission in Baghdad.
Joint statement by Minister for Foreign Affairs and Minister for Trade, 13 May 2003.
The Department of Immigration has released an information sheet, "Severe Acute Respiratory Syndrome (SARS) and Visas for Australia.
The Minister for Immigration, Mr Ruddock, announced the 2003-04 Non-Humanitarian Migration Program on 31 March 2003. Of particular note are the skilled migration and parent visa changes summarised elsewhere in this Newsletter.
Media release MPS 18/2003, 31 March 2003 (includes attachments showing planning levels, key results from latest research, and State-specific and regional migration)
Related: "Migration exceeds Canberra's target," Canberra Times, 21 March 2003.
A number of relevant announcements were made on Budget Night, 13 May 2003, including:
As members of the Migration Institute of Australia, we have received a Guide to Visa Grant Times by Subclass for Offshore Permanent Migration. We invite clients to contact us if they require more information about current waiting times.
In related news, DIMIA's Director of Public Affairs has published a letter, "Visa grants to Chinese nationals on increase."
Australia and Afghanistan have signed an agreement, "A Memorandum of Understanding on Issues Relating to Irregular Migration and People Smuggling."
Media release MPS 25/2003, 6 May 2003
Related: "Security Council express concern at security considerations in Afghanistan," UN News Service, 6 May 2003
Recent caselaw
Following is a brief outline of recent developments. Full text of decisions from all Courts and transcripts of High Court hearings are available on Austlii.
High Court
This is a new High Court decision considering an asylum seeker's application based on particular social group, and constitutional writs. We will publish a more extensive summary in the next issue of our Newsletter.
The December 2002 issue of LexisNexis Butterworths' Immigration Review includes an interesting article about a case concerning a gay couple from Bangladesh who are seeking asylum in Australia. The proceedings revolve around whether a couple who could exercise 'discretion', as in, live discreetly, can claim persecution within the Refugee Convention. The Full Federal Court in [2002] FCAFC 20 dismissed the applicants' appeals and upheld the Refugee Review Tribunal's reasoning that Bangladeshi men can have homosexual affairs or relationships, provided they are discreet. The Immigration Review article summarised the proceedings thus far, and noted the conflicting interpretations of Australian and Canadian courts.
The High Court granted special leave to appeal, and oral arguments were heard on 8 April 2003. The High Court has reserved its decision.
Related:
"Refugee Law – Membership of a Particular Social Group – The Issue of Sexual Orientation Persecution," a paper presented at the 2001 International Bar Association Conference by David Bitel.
Full Federal Court
This is an important decision concerning mandatory detention. Parish Patience Immigration Managing Partner David Bitel has published an extensive case summary.
Related:
"Between Iraq and a hard place," AJustAustralia.com report 18 April 2003
"Senate to Challenge New Attacks on Refugee Rights,"
Australian Democrats media release, 1 May 2003
"Al Masri case vindicates an independent right to intervene," HREOC media release, 16 April 2003
Reader contributions of upcoming events may also be submitted to the Parish Patience Australian Immigration Update Newsletter Editor.
"Dissent is the highest form of patriotism."
- Thomas Jefferson (1743-1826)
We welcome reader contributions of quotable quotes to the Editor.
Parish
Patience Immigration Tel: +612
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Migration Agents 9255523, 9359088, 9370721, Liability is
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