Human rights & country reports

Australian human rights news

• New Human Rights Commissioner
   
  Dr Sev Ozdowski OAM has finished his term as Commissioner of the Australian Human Rights and Equal Opportunity Commission. Mr Graeme Innes AM has been appointed as the new Human Rights Commissioner and Acting Disability Discrimination Commissioner.
   
  Dr Ozdowski's term included many important enquiries and reports about children in immigration detention and other topical issues. We take this opportunity to publicly acknowledge Dr Ozdowski's contribution to human rights in Australia, and to congratulate Mr Innes on his appointment.
   
  Additional information:
   
  • "Dr Sev Ozdowski's contribution as Human Rights Commissioner," Attorney-General's media release, 7 December 2005
  • "Government appoints a new Human Rights Commissioner," Attorney-General's media release, 15 December
     
  In related news, HREOC has published a new report: Rights of Passage: a dialogue with young Australians about human rights. The report provides an insight into what Australian young people know about human rights, and what they think about such issues as terrorism, torture, refugees, and Indigenous issues. The report is available at: www.humanrights.gov.au.
   
• National Identity Card inquiry
   
  The Attorney-General, Mr Ruddock, has signalled that an inquiry into a National Identity Card will be held in the near future. Mr Ruddock stated that the main issue is not whether an ID card should be introduced, but what information it should contain. The purpose of the card would be to stop fraud and improve national security. Additional information:
  • Transcripts of interviews, Attorney-General, 16-18 January 2006
  • "Identity card way to prevent Rau case: Vanstone," The Advertiser, 25 January 2006 (available from News Ltd archive)
     
• United Nations Committee on the Rights of the Child
   
  In September 2005, the UN Committee on the Rights of the Child considered Australia's combined Second and Third Reports under the Convention on the Rights of the Child. The Committee reviewed Australia's policies regarding immigration detention, indigenous young people, juvenile justice and other matters.
   
  Additional information:
  • Consideration of State Reports, United Nations Committee on the Rights of the Child, 40th Session, 12-30 September 2005
  • "Australia appears before the UN Committee on the Rights of the Child," Attorney-General's media release, 14 September 2005
  • "Australian child rights condemned by UN," The Age, 13 October 2005 (available from Fairfax Digital)
     
• UN Convention against Corruption
   
  On 9 December 2005, Australia ratified the United Nations Convention against Corruption. Additional information:
  • United Nations Convention against Corruption
  • Anti-corruption conventions and other international instruments, by Transparency International
  • Transparency International Australia
     
• Castan Centre for Human Rights
   
  Recent items of interest from the Castan Centre for Human Rights Law at Monash University:
  • "Multiculturalism and the war on terror," lecture by Petro Georgiou MP, 18 October 2005
  • "Protecting human rights in time of conflict," lecture by Israel Supreme Court Justice Eliezer Rivlin, 2 November 2005
  • Human Rights 2004: the year in review, published September 2005. The main theme is women's rights, in recognition of 20th anniversary of the Sex Discrimination Act and the 25th anniversary of the UN Convention on the Elimination of All Forms of Discrimination against Women.
     
• Peace and Harmony Conference
   
  A "Peace and Harmony Conference" was held in Sydney from 30th September to 2 October 2005. The conference was convened by the Australian Federation of Islamic Councils. The Australian National Dialogue of Christians, Muslims and Jews (ANDCMJ) expressed strong support for the conference.
   
  Additional information:
  • Peace and Harmony Conference Resolutions - Australian Federation of Islamic Councils
  • "Peak Australian interfaith body condemns terrorism and fanaticism," National Council of Churches in Australia media release, 7 October 2005
  • Executive Council of Australian Jewry (ECAJ)
     
• New report: Overseas adoption in Australia
   
  On 28 November 2005, the House of Representatives Family and Human Services Committee released its report, Overseas Adoption in Australia. Key findings of the report include:
  • Australia's per capita rate of adoptions from overseas is less than one third the rate of most first world economies
  • Many adoptive families cannot access important benefits and entitlements such as the maternity payment, parental leave, and the immunisation allowance
  • Non-government agencies have a limited role in processing adoption applications, which has reduced the number of children being placed with families
  • The Commonwealth, rather than the states and territories, should establish and manage new programs with overseas countries
     
  Link to report and submissions: www.aph.gov.au/house/committee/fhs/adoption/index.htm
   

Country Reports

• Bangladesh
  • "Wave of Islamist terror sweeps over Bangladeshi press at year's end," Reporters Without Borders, 28 December 2005
  • "Bangladesh bombs spotlight Islamic 'Holy Warriors'," Reuters AlertNet, 27 September 2005
  • "Concern mounts over Bangladesh madrassas after bombs," Daily Times (Pakistan), 29 September 2005
  • "JPN UK demands Bangladesh Parliamentary Standing Committee must withdraw its summon of Indigenous Peoples (IP) leaders in Bangladesh," Jumma Peoples Network United Kingdom (JPNUK), 5 September 2005
  • "Bangladesh human rights defenders under attack," Amnesty International, August 2005 (media release and link to 25-page report)
  • "Annan calls for restraint in Bangladesh after 'brazen and cowardly' bombings," UN News Centre, 17 August 2005
     
• China
  • "Torture, though on decline, remains widespread in China, UN expert reports," UN News Centre, 3 December 2005
  • "China: UN rights chief raises 'concerns' including death penalty, labour camps," UN News Centre, 2 September 2005
     
• Germany
  • A state in Germany, Baden-Wuerttemberg, has created a special test for Muslims seeking citizenship. The test is designed to check whether applicants' declarations that they accept democracy are sincere. Only applicants from the 57 nations in the Islamic Conference Organization are affected.
    • "New special test for Muslims seeking citizenship," Expatica, 2 January 2006
    • "Muslim groups angry over 'racist' citizenship test," Expatica, 5 January 2006
       
• Iran
  • "UN rights expert urges Iran not to execute another juvenile," UN News Centre, 13 December 2005
  • "'They'll kill me' - Gay Iranian torture victim speaks," Direland, 20 September 2005
     
• Iraq
  • "Human rights situation in Iraq of serious concern, UN reports," UN News Centre, 8 September 2005
  • UN Assistance Mission for Iraq (UNAMI) human rights report and related information: www.uniraq.org
     
• Nepal
  • "Nepal: Electing chaos," CrisisWatch, 31 January 2006 (29 pages)
  • "75 killed during unilateral ceasefire: report," Kantipur Online, 23 December 2005 (CrisisWatch January 2006)
  • "Special Rapporteur on torture says practice of torture is systematic in Nepal," UNHCHR, 16 September 2005
     
• Pakistan
  • The President of Pakistan, Pervez Musharraf, gave a major speech to the American Jewish Congress on 17 September 2005. In his speech, Mr Musharraf made the point that the past 60 years have been an aberration from the long history of Muslim-Jewish cooperation and coexistence. Additional information:
     
    • "Address to the American Jewish Congress," by the President of the Islamic Republic of Pakistan, 17 September 2005 (full text of speech)
    • "Musharraf's historic speech," by Daniel Pipes, New York Sun, 20 September 2005
       
• Philippines
  • "UNESCO deplores 'alarming' increase in attacks on journalists in Philippines," UN News Centre, 7 December 2005
     
• Spain
  • "Spain introduces immigration policy change to allow asylum to gays and lesbians," LifeSite, 4 January 2006
     
• United Nations
  • Commission on Human Rights and transition to Human Rights Council
     
    On 16 January 2006, the UN High Commissioner for Human Rights, Louise Arbour, announced the election of Manuel Rodriguez Cuadros of Peru as the next Chairperson of the Commission on Human Rights. Ambassadors from the Congo, Armenia, and Canada were elected as Vice-Chairpersons, and a representative from Indonesia was elected as Rapporteur.
     
    Negotiations for a new Human Rights Council, to replace the Commission, are currently taking place in New York. The incoming Chairperson expressed hope that the process leading to the end of the Commission and the creation of the new Human Rights Council will enhance the human rights protection system, make it more effective and close to the victims, and distance it from any kind of political manipulation.
     
    "Commission on Human Rights elects bureau for 2006 session," UNOG media release, 16 January 2006
     
  • Convention on Rights of Persons with Disabilities
     
    A UN General Assembly Ad Hoc Committee is meeting in its 7th Session from 16 January to 3 February 2006, to review the entire draft of a new Convention of protecting and promoting the rights of persons with disabilities. The website for the draft Convention and related information is: www.un.org/esa/socdev/enable
     
  • GCIM report
     
    On 5 October 2005, the Global Commission on International Migration (GCIM) released a major report: Migration in an interconnected world: new directions for action.
     
  • UNHCR reports on HIV/AIDS
     
    New UNHCR reports on strategies to support refugees with HIV/AIDS-related needs:
    • "Strategies to support the HIV-related needs of refugees and host populations," October 2005
    • "Refugees, HIV and AIDS. UNHCR's Strategic Plan 2005-2007. Fighting HIV and AIDS together with refugees," August 2005
    • "Integration of HIV/AIDS activities with food and nutrition support in refugee settings: specific programme strategies," December 2004
       
  • UN News Centre
     
    Recent items of interest from the UN News Centre:
    • "Remembering is safeguard for future - First International Day honouring memory of Holocaust victims," UN Secretary-General media release, 27 January 2006
    • "Former WTO chief Peter Sutherland appointed Special Representative for Migration," UN Secretary-General media release, 23 January 2006
    • "Issues of racism and the Internet and globalization and racism to be examined by Working Group on Durban Declaration," UN News Centre, 13 January 2006
    • "Torture not an instrument to fight terror, but an instrument of terror - Annan," UN News Centre, 8 December 2005
    • "Counter-terror steps, proposals violate human rights in UK, US, Iraq - UN expert," UN News Centre, 11 October 2005
    • "UN rights expert urges the end of deportation to countries that torture," UN News Centre, 30 September 2005
       
• International Conference on Islamic Feminism
   
  The First International Conference on Islamic Feminism was held in Barcelona, Spain in October 2005. Additional information:
  • www.feminismeislamic.org/eng/congress.htm
  • "Islam feminists urge gender jihad," BBC News, 31 October 2005
     

Civil Partnerships

• Canada: Canada's Civil Marriage Act was passed in June 2005, permitting civil unions between same-sex couples. However this month the Conservative Party won a national election, leading to fears the legislation may be repealed. Additional information:
  • "Conservatives win Canada election," Gay.com, 24 January 2006
  • "Spain and Canada open marriage to same-sex couples," ILGA Europe, 30 June 2005
  • Bill C-38: Civil Marriage Act - Legislative summary by Canadian Library of Parliament Information and Research Service, 29 June 2005
• UK: Civil Partnerships Act 2004
  • "'Gay weddings' become law in UK," BBC News, 5 December 2005
  • "UK opens its arms to homosexual migrants," The Age, 8 January 2006 (available from Fairfax Digital)
  • "Civil Partnership Act 2004: Procedures for persons subject to immigration control," UK Home Office, December 2005
     
• Europe: ILGA-Europe Euroletter, January 2006 (includes updates for various European countries)
   
• New Zealand: The New Zealand Civil Union Act came into effect on 26 April 2005.
  • Additional information: NZ Dept of Internal Affairs.
     
• Australia:
  • At present Tasmania is the only Australian jurisdiction to have enacted a Civil Partnerships Act. The Australian Capital Territory (ACT) has announced plans to introduce similar legislation in 2006.
     
    "New UK civil unions spark call for Australian partnership laws," Australian Coalition for Equality, 21 December 2005 (includes list of international civil union and marriage laws)
     
  • The Australian Government has amended the definition of 'interdependency relationship' for purposes of superannuation death benefits and related taxation law. An 'interdependency relationship' can now include, for example, two elderly sisters living together, adult children residing with and caring for elderly parents, and same-sex couples. ("Refining the meaning of interdependency relationship," Assistant Treasurer's media release, 16 November 2005)
  • The Attorney-General, Mr Ruddock, has stated that the Federal government will not permit 'gay marriage' within the Commonwealth Marriage Act, however the States are free to legislate in favour of civil unions. (Transcript of interview, Attorney-General, 18 January 2006)
  • The Law Institute of Victoria has written to the Attorney-General, noting its concerns that Australian Embassies have been advised not to issue 'Certificates of No Impediment to Marriage' to Australian citizens seeking to lawfully marry a same sex partner in an overseas jurisdiction. (Law Institute of Victoria submission, 25 January 2006)
     
  Parish Patience Immigration has a long history of expertise in human rights issues, including interdependency and related cases. We can offer advice at the visa application stage, assistance in anti-discrimination litigation, and other related services.
   
  Enquirers are invited to contact David Bitel or Nicholas McNally.
   

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Detention & compliance

Reports and Inquiries

• Senate Inquiry into the Operation of the Migration Act
   
  The Senate Legal and Constitutional Committee Inquiry into the Administration and Operation of the Migration Act 1958 has been pending since June 2005.
   
  Parish Patience Immigration senior associate Nicholas McNally assisted with the International Commission of Jurists' submission to the Inquiry. Mr McNally is the Treasurer of the ICJ Australian Section. Managing Partner David Bitel also gave evidence to the Committee, in his capacity as President of the Refugee Council of Australia.
   
  On 21 December, the Committee issued a 2-page interim report, advising that it will seek to table its completed report on the first sitting day of Parliament in 2006 (February 7).
   
  Additional information, including interim report and links to submissions received: www.aph.gov.au/senate/committee/legcon_ctte/Migration/index.htm
   
• Foreign Affairs Committee Inquiry
   
  On 16 June 2005, the Senate Foreign Affairs, Defence and Trade Committee announced an Inquiry into Asylum and Protection Visas for Consular Officials and the Deportation, Search and Discovery of Vivian Solon. The Committee's Final Report was published on 8 December 2005.
   
  Additional information, including final report (46 pages), terms of reference and links to submissions received: www.aph.gov.au/Senate/committee/fadt_ctte/asylum/index.htm
   
• National Audit Office report
   
  In July 2005, the Australian National Audit Office released a performance audit, "Management of the Detention Centre Contracts." The Joint Standing Committee on Migration agreed to conduct a review of the report, and following public hearings tabled its own report on 5 December 2005. The Committee made two recommendations:
  1. That DIMIA act promptly to improve the insurance, liability and indemnity regime associated with its detention function
  2. That the Minister refer the progress report on the Palmer Implementation Plan to the Joint Standing Committee on Migration when released.
      
  Additional information:
  • Joint Standing Committee on Migration, "Review of Audit Report - Management of Detention Centre Contracts" - links to both the original Audit Report and the Joint Standing Committee report: www.aph.gov.au/house/committee/mig/audit
  • "DIMIA welcomes ANAO audit," Immigration Department media release, 7 July 2005
  • "Auditor-General delivers yet another damning report on DIMIA," Australian Democrats media release, 7 July 2005
     
• Nauru
   
  The Minister for Immigration, Senator Vanstone, has announced that 25 of the 27 detainees at the Nauru Offshore Processing centre have now been brought to Australia. Additional information:
  • "Update on Nauru," Immigration Minister's media release, 14 October 2005
  • "Nauru detainees give pointer to probable anti-terror regime," Australian Democrats media release, November 2005
  • "Fewer detainees prove immigration policies working well," Immigration Minister's media release, 26 December 2005
     
• Christmas Island
   
  The Christmas Island detention centre has reopened. As at time of writing, 43 asylum seekers from West Papua and a family from West Timor were among those who had been detained at the facility. Additional information:
  • "Boat arrivals flown to Christmas Island," DIMIA media release, 19 January 2006
  • "West Papuan boat people, Amanda Vanstone," Opposition Minister's doorstop interview, 20 January 2006
  • "Papuan asylum seekers key test of DIMIA's culture change," Australian Democrats media release, 19 January 2006
  • "Grant West Papuans asylum," Australian Democrats media release, 23 January 2006
  • "Press release concerning arrival of West Papuans," by David Bitel as President of the Refugee Council of Australia, 23 January 2006
     
• Progress report on Palmer reforms
   
  On 8 December 2005, the Secretary of DIMIA, Mr Metcalfe, issued a statement summarising recent reforms to the Department of Immigration, including:
  • 43 new senior executive appointments; and
  • More than 60 projects recommended by the Palmer Report, involving funding of $231 million over 5 years, have commenced.
  ("New corporate footprint a stamp of change," Secretary's media release, 8 December 2005)
   
• Ombudsman progress on immigration matters
   
  From the Commonwealth Ombudsman (www.ombudsman.gov.au):
  • An Immigration Ombudsman function has been established within the office of the Commonwealth Ombudsman, under new legislation
  • As at mid-December, the Ombudsman had provided 17 reports and statements for tabling in Parliament to the Minister for consideration; 93 current and former detainees had been interviewed; and assessments on people who have been in detention for more than 2 years are being prioritised for completion
     
  In related news, the Secretary of the Immigration Department, Mr Metcalfe, has confirmed that up to 60 Australian residents, many of whom were mentally ill, have been mistakenly put in Immigration detention. These cases are being examined as part of the Ombudsman's inquiry.
  • Speeches regarding Ombudsman's reports by Senator Bartlett, Australian Democrats Refugee & Immigration E-Bulletin no. 16, 17 January 2006
  • "More 'mistakes' likely by Immigration," Daily Telegraph, 14 January 2006
  • "Scores of Aussies wrongly detained as illegals," Courier Mail, 16 January 2006
     
• Managing the Border
   
  DIMIA's annual statistical report, "Managing the Border," was published on 29 December 2005. Additional information:
  • Managing the Border: Immigration Compliance 2004-2005 - www.immi.gov.au/illegals/mtb/
  • "Increasing demand on Australia's border," Immigration Minister's media release, 29 December 2005
  • "Community information helping track illegal workers and visa overstayers," Immigration Minister's media release, 27 December 2005
     

Legislation update

• Migration Amendment Regulations 2005 (No 11) - provides time limits on decisions regarding Protection visa applications. Commenced 20 December 2005.
• Migration Amendment Regulations 2005 (No 10) - aligns the meaning of "security" as used in the Migration Regulations, with the definition of "security" in the ASIO Act. Commenced 1 December 2005.
• Migration Litigation Reform Act 2005 - commenced 1 December 2005.
• Migration and Ombudsman Amendment Act 2005 - commenced 1 December 2005.
• Migration Amendment (Detention Arrangements) Act 2005 - commenced December 2005.
• Anti-Terrorism Act (No 2) 2005 - assented to 14 December 2005. Some provisions commenced in December 2005 and others in January 2006. This Act amends the Migration Act to expand the definition of "security grounds" as a basis upon which to deport a non-citizen. Additional information:
  • "Passage of Anti-Terrorism Bill (No 2) 2005," Attorney-General's media release, 7 December 2005
  • "Sedition measures require Bill of Rights," Australian Democrats media release, November 2005

Compliance

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Refugees & asylum seekers

2006-07 Humanitarian Program

• The 2006-07 Humanitarian Program Discussion Paper has been released. Submissions are due 31 January 2006. Media release and link to Discussion Paper:
   
  www.minister.immi.gov.au/consultations

Migration and Ombudsman Legislation Amendment Act 2005

• The Migration and Ombudsman Legislation Amendment Act 2005 No 141 was assented to on 12 December 2005. The Act carries out Government policy announced in June 2005 to make review of protection visa appeals more timely.
   
  A full summary of the new provisions was published in our last Newsletter.

Agreement with Papua New Guinea and IOM

• The Minister for Immigration, Senator Vanstone, has signed a Memorandum of Understanding with Papua New Guinea and the International Organisation for Migration (IOM). Papua New Guinea, Australia and the IOM will cooperate in identification and processing of irregular immigrants transiting PNG, including refugee claimants. Australia will meet the cost of these IOM programs.
   
  "Strong teamwork key to migration management," Immigration Minister's media release, 16 December 2005

Refugee settlement services

• "Minister Cobb expresses confidence in settlement services," Citizenship and Multicultural Affairs Minister's media release, 30 December 2005
• "Richard Niyonsaba," Citizenship and Multicultural Affairs Minister's media release, 29 December 2005
• "Will DIMIA dodge yet another enquiry?" Shadow Minister's media release, 20 January 2006

• Dumped at the gate: from detention to despair - recommendations for minimum standards for the post-detention settlement of asylum seekers, by Asylum Seekers Resource Centre (Melbourne), December 2005 (pdf - 40 pages)
• The Victorian Minister for Health has ordered that public hospitals in the State of Victoria are to cease raising charges against asylum seekers for necessary medical care, where it has been assessed that they have a limited capacity to pay. ("Revised arrangements for public hospital services to asylum seekers," Hospital Circular 27/2005, 28 December 2005)
• The Minister for Health, Mr Abbott, has announced that the Government will introduce a new Medicare item to encourage GPs to provide comprehensive health assessments of refugees and other humanitarian entrants within 6 months of their arrival in Australia. The new item is intended to be introduced in May 2006 following discussions with GP and refugee representative groups.
  • "New MBS health check for refugees," Health Minister's media release, 22 November 2005
  • "Health checks for refugees a good move: now for asylum seekers," Australian Medical Association media release, 22 November 2005
  • "Position Statement on health care of asylum seekers and refugees," Australian Medical Association (pdf - 5 pages), 22 November 2005
     
• "Australian health policy on access to medical care for refugees and asylum seekers," by Correa-Velez et al., Australia and New Zealand Health Policy, 9 October 2005 (18 pages)
   

UNCHR news

• "Asylum applications continue to tumble in industrialized countries [statistics 2003-2005]," UNHCR news, 6 September 2005
• "Bogus groups on Internet claim UN refugee affiliation in resettlement scams," UNHCR news, 15 November 2005
• "UNHCR launches latest edition of 'Refugee Encyclopaedia' [Refworld]," UNHCR news, 26 September 2005

NGO and charity news

• Refugee Council of Australia
   
  David Bitel has retired as President of the Refugee Council of Australia. John Gibson, a Melbourne barrister and author of Judicial Review of Refugee and Migration decisions - Grounds and Principles of Review, is the new President of the RCOA. Mr Bitel now serves as Immediate Past President.
   
• Australian Taxation Office The ATO Non-Profit News Service has released updated information that may be of interest to our readers involved with charity organisations:
  • "Charity status details now publicly available," Non-Profit News Service no. 0103, 8 July 2005
  • "New version of GiftPack for deductible gift recipients and donors," Non-Profit News Service no. 0107, 28 July 2005
  • "Taxation Ruling released - what is a gift," Non-Profit News Service no. 0108, 29 July 2005
  • "Gifts and fundraising - frequently asked questions," 30 September 2005
  • "Legislation tabled: contributions to political parties," Non-Profit News Service no. 0124, 13 December 2005
  • "Overseas aid funds and tax deductible gifts," factsheet updated 16 December 2005
     
• ANU Democratic Audit of Australia
   
  Reports that may be of interest to our readers, from the Australian National University Political Science Department's Democratic Audit program:
  • "Representing the disadvantaged in Australian politics: the role of advocacy organisations" (2005)
  • "How well does Australian democracy serve migrant Australians?" (2003)
  • "Australian political parties in the spotlight," (2005)

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Business, skilled & student visas

Migration Occupations in Demand List (MODL)

For additional information, including links to the full MODL, please see our Fact Sheet.
Applicants and employers interested in skilled or business migration are invited to contact us.
 

Qualifications assessment

• APEC Architect Register
   
  A major review of the Australian Architecture Program Accreditation and Recognition Procedure has been finalised. Included in the review are changes to the AACA Architectural Practice Examination, effective 1 January 2006.
   
  Additional information: www.aaca.org.au
   
• Australian Institute of Medical Scientists
   
  The Australian Institute of Medical Scientists (AIMS) is the assessing authority for occupations: Medical Scientist (ASCO 2115-11) and Medical Laboratory Technical Officer (ASCO 3111-11). AIMS advises that from 1 January 2006, all applicants will be required to provide a certified copy of their IELTS test report (general), proving an overall band score of at least 6.5.
   
  Additional information: www.aims.org.au
   
• IELTS
  • IELTS testing policy
     
    The Department of Immigration has revised its IELTS testing policy for skilled migration applicants. Applicants for the Skilled - Independent (Overseas) visa (subclass 880), must have an IELTS test result not more than 2 years prior to the application. Effective 1 November 2005, it is no longer assumed that an applicant's English will not deteriorate over time, even if the applicant has been studying in Australia. (Source: PAM3)
     
  • Special Melbourne test in March
     
    IELTS Australia has set an additional test date in Melbourne on 18 March. This test is only available to candidates who live in Victoria. Additional information: IDP Education Australia .
     
  • New policy on re-taking IELTS
     
    From 1 May 2006, the policy on candidates re-taking IELTS will be amended. The restriction on re-taking IELTS within 90 days will be removed and candidates will be able to re-take the exam whenever they wish. The current 90-day restriction will remain in place for all candidates until 30 April 2006.
     
    Additional information: www.ielts.org
     
• Important: 2-year study requirement
   
  Overseas students contemplating a Skilled - Independent (Overseas) visa (subclass 880) should note that in most cases, they must undertake a 2-year course which means they must be physically in Australia for 2 years. In limited circumstances an accelerated 16-month course may qualify, but those exceptions are rare. If in doubt, check http://cricos.dest.gov.au to make sure your course meets the 2-year requirement.
   
  For additional information about skills assessment or the English language requirement, we invite you to contact Thong Nguyen.
   

Reports and inquiries

• Productivity Commission on economic impacts of migration and population growth
   
  In July 2005, the Treasurer, Mr Costello, announced that the Productivity Commission would undertake a research study into the impact of population growth, including through migration, on Australia's productivity growth.
   
  On 17 January 2006, the Productivity Commission issued its position paper, "Economic impacts of migration and population growth." The Commission has released the position paper to encourage further discussion and input before it completes its final report, due in late April 2006.
   
  Additional information, including link to key points and full position paper (348 pages): www.pc.gov.au
   
• Inquiry into skills recognition, upgrading and licensing
   
  In April 2005, the Minister for Immigration, Senator Vanstone, asked the Parliament Joint Committee on Migration to inquire into skills recognition, upgrading and licensing. As at time of writing, the Committee had received 97 submissions and 3 supplementary submissions, and held public hearings in September and November 2005.
   
  Additional information, including information paper and submissions received: www.aph.gov.au/house/committee/mig/recognition/index.htm
   

New Zealand update

• Highly talented applicants who score 140 points on their Expression of Interest (EOI) will automatically be invited to apply for residence
• Applicants who score between 100 and 140 points and have a New Zealand job or job offer will be ranked and selected to meet the NZ Immigration Programme numbers for skilled and business migrants
• The NZ migrant quota has been increased to 51,500, the first rise in four years
   
  We can assist you with advice regarding opportunities for migration to New Zealand. We have agency arrangements with firms on both the North Island and South Island.
   
  For additional information about migration to New Zealand, we invite you to contact Sharon McCabe.

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Other Immigration News

Ministerial changes

• The Indigenous Affairs portfolio has moved to Family and Community Services. The Department of Immigration, Multicultural and Indigenous Affairs (DIMIA) has been renamed Department of Immigration and Multicultural Affairs (DIMA)
• Senator Vanstone retains her portfolio of Immigration and Multicultural Affairs
• The Hon John Cobb MP is now Minister for Citizenship, Multicultural Affairs and Community Services
• Mr Andrew Robb MP has been appointed Parliamentary Secretary for Immigration and Multicultural Affairs
   
  Additional information:
   
  Prime Minister's media release, 24 January 2006
   
  Senator Vanstone's media release, 24 January 2006

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Legislation Update

Commonwealth Bills

• Anti-Terrorism (No 2) Act 2005 No. 144 - assented to 14 December 2005.
• Migration and Ombudsman Legislation Amendment Act 2005 No. 141 - assented to 12 December 2005.
• Australian Citizenship Bills - pending with Senate Legal and Constitutional Legislation Committee; report due 27 February 2006.
• Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 - introduced in House of Representatives on 8 December 2005. The Bill changes the rules regarding tax deductibility of gifts and contributions to political parties.
• Workplace Relations Amendment (Work Choices) Act 2005 No. 153 - assented to 14 December 2005; the bulk of the Act is expected to commence in March 2006.
   

Legislative instruments

• "Specification of places and currencies for paying of fees," effective 1 January 2006 (F2005L04058)
• "Payment of visa application charges and fees in foreign currencies," effective 1 January 2006 (F2205L04060)
   

International

• Commonwealth Legal Information Institute (CommonLII)
   
  The Australasian Legal Information Institute (AustLII), a very highly regarded Australian case law and legislation service, has launched a new Commonwealth Legal Information Institute (CommonLII), located at www.commonlii.org.
   
  The CommonLII database - which is free - allows browsing and searching of 464 databases from 50 Commonwealth and common law countries and territories. Most of these databases are located on existing LIIs in Commonwealth countries but CommonLII contains 44 databases from 28 additional countries.
   
  Notable database collections on CommonLII include those from India (very extensive), Bangladesh, Singapore, Malaysia, most Caribbean countries, and from ten African countries. It is also possible to search Commonwealth-wide for legislation (from 30 countries), or case law or law reform.
   
• New Zealand citizenship by birth
   
  From 1 January 2006, children born in New Zealand (or in the Cook Islands, Niue or Tokelau) will acquire New Zealand citizenship at birth only if at least one of their parents is a New Zealand citizen, or has permanent residency (i.e. is entitled to be in New Zealand or Australia indefinitely), or is entitled to reside indefinitely in the Cook Islands, Tokelau or Niue.
   
  Additional information: www.immigration.govt.nz
   
• UK Immigration, Asylum and Nationality Bill
   
  The Immigration, Asylum and Nationality Bill has been pending in the UK Parliament since 22 June 2005. The House of Commons passed amendments to the Bill, which was sent to the House of Lords for further debate. Second Reading debate occurred in the House of Lords on 6 December 2005. Additional information:
  • Immigration, Asylum and Nationality Bill - as amended in the House of Lords on 19 January 2006
  • Bill index (PIMS) - current status and links to debates
  • "British-born dual nationals could lose citizenship in bill's sanctions," The Guardian, 2 December 2005

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Recent Case law

High Court

• Applicant VEAL of 2002 v MIMIA [2005] HCA 72, 6 December 2005
   
  Application for protection visa - Decision of Refugee Review Tribunal - Procedural fairness - Where Tribunal reviewed an unsolicited letter received by the Department of Immigration and Multicultural and Indigenous Affairs, which made allegations against the appellant - Where Tribunal did not inform the appellant of the existence of the letter or its contents - Where Tribunal affirmed decision under review and said that in reaching its decision it gave no weight to the letter - Whether procedural fairness required the Tribunal to inform the appellant of the existence of the letter or its contents.
   
  Words and phrases - "procedural fairness", "credible, relevant and significant". Appeal allowed with costs.
   
• NAIS v MIMIA [2005] HCA 77, 14 December 2005
   
  Refugee Review Tribunal - Six-year delay between first Tribunal hearing and handing down of Tribunal decision - Whether delay resulted in real and substantial risk of prejudice to appellants - Whether prejudice to appellants can be inferred - Whether delay by administrative tribunal constitutes denial of procedural fairness or failure to conduct review as required by law - Whether decision of administrative tribunal may be set aside following substantial delay - Effect of delay on question of assessing appellants' demeanour - Calculation of the period of delay.
   
  Words and phrases - "delay", "jurisdictional error", "procedural fairness". Appeal allowed with costs.
   
• Special Leave applications
   
  The High Court has granted Special Leave to Appeal:
   
  • MIMIA v Nystrom (M95/2005)
     
    Immigration - decision to cancel transitional (permanent) visa on character grounds - where appellant arrived in Australia aged 27 days old - power to cancel visa on character grounds - where Minister failed to consider whether appellant held absorbed person visa - where Minister failed to consider effect of cancellation on absorbed person visa. Appealed from FCA FC. (2005) 143 FCR 420. Date heard: 16 December 2005. Special leave granted.
     
  • MIMIA v QAAH of 2004 & Anor (B73/2005)
     
    Immigration - refugees - application for permanent protection visa - temporary visa granted - application for permanent visa subsequently rejected - proper approach to a case of possible cessation of refugee status - whether failure to properly address cessation issue amounts to jurisdictional error - Convention Relating to the Status of Refugees, Article 1C(5) - whether Article 1C(5) means that a person who is once recognised as having a well-founded fear of being persecuted for a Convention reason remains a 'refugee' within the meaning of the Convention even when he no longer holds such fear - whether Article 1C(5) operates by its terms according to changing circumstances or must be invoked by Contracting State in order to operate - burden of proof. Appealed from FCA FC. Date heard: 16 December 2005. Special leave granted.
     
  Source: High Court Bulletin No 11, December 2005
   

Full Federal Court

• MIMIA v X [2005] FCAFC 209, 29 September 2005
   
  Respondent applied for temporary student visa - respondent infected with HIV requiring "quarterly monitoring" and "self-administered prescription medication" - whether self-administered medication is "health care" pursuant to Migration Regulations par 4005(c)(i)(A). Words and phrases - "health care". Held: Minister's appeal allowed.
   
• Twinn v MIMIA [2005] FCAFC 242, 24 November 2005
   
  Validity of Gazette notice - nature and extent of Minister's power by Gazette notice to specify an occupation as a 'skilled occupation' for the purposes of a visa criterion - where Minister specified a list of skilled occupations and a different list of skilled occupations in relation to persons whose sponsors reside in areas with particular postcodes - whether Minister's power to specify a skilled occupation extends to specifying a class of persons who are to have the specified occupation - whether Gazette notice inconsistent with Migration Regulations 1994 - whether Gazette notice invalidly attempts to exercise legislative rather than administrative power. Appeal allowed.
   

New South Wales Court of Appeal

• Director General, Department of Community Services v The Adoptive Parents, [2005] NSWCA 385, 14 November 2005
   
  Intercountry adoption - change in given name or names of child - what is a given name - given name or names as at what time - whether addition of a name is a change - special reasons related to the interests of the child - weight to be given to calling child by new name in period prior to adoption application. Held: Special reasons related to the best interests of the child established, which would permit new given name; appeal dismissed with costs.
   

New Zealand High Court

• A v Chief Executive of the Department of Labour and the Refugee Status Appeals Authority, High Court of New Zealand, Winkelmann J, 19 October 2005
   
  Judicial review - well founded fear of persecution - senior Shi'a cleric from Iraq - Wednesbury test of 'unreasonableness' no longer to be regarded as universal test in New Zealand public law. Held: where the decision under review is one affecting such fundamental human rights as the right to be free from persecution, the reviewing court should look at an impugned decision with great care.
   
  Held: 1. The Authority failed to address the ground upon which refugee status was claimed, namely, that of a high profile Shi'a cleric with all of the Applicant's particular characteristics. It also failed to address at all the significance, if any, that the Applicant was a senior Shi'a cleric. 2. The Authority's interpretation of the Amnesty International Country information was unreasonable, compounding the other errors identified. 3. Decisions appealed from quashed and matter remitted for re-hearing and reconsideration.
   
  David Ryken represented the Applicants in this matter. Mr Ryken is a lawyer agent of Parish Patience Immigration in Auckland.
   

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Staff & website news

Overseas consultations

• Philippines: 26 February to 6 March 2006. Consultations in Manila, Bataan and Baguio.
• Bangladesh: mid-April 2006.
• Fiji: May 2006.
   

Seminars & conferences

• On 23 November 2005, David Bitel presented a speech to the NSW Friends of Hebrew University in honour of World Refugee Day. Mr Bitel's speech is now available on our articles page.
   
• Also in November 2005, David Bitel presented a paper at the International Bar Association Business Immigration Conference in London: "The culture of control: the misuse of detention under Australian Immigration Law."
   
• Nicholas McNally and Nigel Dobbie will be presenting papers at an Immigration Law seminar to be held by NSW Young Lawyers, on 15 March 2006. Mr McNally will speak about refugee law, and Mr Dobbie will speak about judicial review of student visa cancellations.
   

Diary Dates

• January 23 - February 12, 2006: Chinese New Year Festival, Sydney (Year of the Dog). More information: www.cityofsydney.nsw.gov.au
• January 31, 2006: Deadline for 2006-07 Humanitarian Program submissions. More information: www.minister.immi.gov.au/consultations
• January 31, 2006: Muharram (Islamic New Year)
• Until mid-February 2006: "Etre. Face of Human Rights" photography exhibit, Justice and Police Museum, Sydney, presented by the Department of Foreign Affairs of Switzerland. More information: www.hht.net.au/museums/justice_and_police_museum/exhibitionswhats_on
• March 15, 2006: Immigration Law seminar, presented by Nigel Dobbie and Nicholas McNally. More information: NSW Young Lawyers
• Refugee Council of Australia Coming Events
• HREOC events calendar
• United Nations Association of Australia 'Diary Dates'
   
  Reader contributions of upcoming events may also be submitted to the Editor.

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Quote of the Month

"I have always believed that the courage required to compromise and reconcile is far greater than that required to confront."

-- General Pervez Musharraf, President of the Islamic Republic of Pakistan, to the American Jewish Congress, 17 September 2005

Contact Us

Parish Patience Immigration Lawyers Level 1, State Street Centre 338 Pitt Street Sydney NSW  2000 Australia    Tel:  +61 2 9286 8700 Fax: +61 2 9283 3323   Email:   Contact and enquiry form

In this issue:

Human rights

Detention & compliance

Refugees & asylum seekers

Business, skilled & student visas

Other immigration news

Legislation update

Recent case law

Staff & website news

Diary dates

Quote of the month

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The contents of this newsletter are not intended to be legal advice. Parish Patience Immigration accepts no responsibility for any action taken in reliance on anything contained in the newsletter. Individuals should seek advice about their own circumstances only from a registered migration agent.