Pass mark lowered, parent numbers reduced

In this issue we report on the drop in the Independent migration (subclass 126) pass mark to 105 points and proposed changes to skilled migration, drastic changes to parent visa numbers, and we look at contradictions in official claims about abuse of the judicial system

Inside this issue:

Points test lowered, parents penalised
Fast turnaround of boat people proves Minister wrong
Safe haven legislation passed
Discussion paper on illegal workers
Hot links
Contact us

Independent migration pass mark lowered to 105 points, parents reduced to 500 per year

On April 29 the government announced further details of its proposed changes to the skilled migration program to take effect from July 1. One change coming into operation immediately, however, is a reduction in the pass mark for the Independent migrant (subclass 126) visa class from 110 to 105 points.

This change will make a significant difference to many people by opening up the category to many occupations that were previously unable to score enough points to pass. With maximum points for age (18 to 29) and fluent English, it is now possible for many people with "associate professional" occupations and at least 3 years experience to achieve the necessary score.

Associate professional occupations generally require a diploma rather than a degree, and are listed in Major Group 3 of the Australian Standard Classification of Occupations (ASCO). They include many technical occupations in the science, engineering, IT, business, hospitality, administration,service, health and welfare sectors.

The change also allows people with degree or trade qualifications, but who may have missed out because of age or less-than-fluent English, to pass the test.

Applicants who were assessed with 105 points during the past 12 months and placed in the "pool" will now be eligible for reconsideration in the light of the new pass mark.

Meanwhile, in response to the Senate's disallowance of his changes to parent visa eligibility (see Issue No. 8), the Minister announced that the total number of parent visas to be issued between 1 July 1999 and 30 June 2000 will be 500. The Minister acknowledges that there is currently a waiting list of around 20,000 for such visas.

Media Release - http://www.minister.immi.gov.au/media_releases/media99/r99062.htm

Fast turnaround of boat people proves the Minister wrong

The arrived on April 10. By May 4 they were gone. Sixty individuals, apparently victims of a worldwide (not just local) scam trading in people's hopes and frustrations. When they arrived in a rusty boat off New South Wales, the Minister took the opportunity to attack opponents of his planned legislation that would take away everyone's right to challenge in Court the lawfulness of the administrative acts taken daily in his name. When they left less than a month later, he again lashed out, saying in a Media Release that "Individuals considering such unlawful entry need to understand they can not remain in this country for years pursuing endless court actions and appeals". Yet with his legislation still blocked in the Senate, it took barely three weeks for his Department to process and remove the sixty boat people. Are we missing something here?

Media Release - http://www.minister.immi.gov.au/media_releases/media99/r99068.htm

Safe haven legislation passed

Legislation making amendments to the Migration Act to limit the immigration options of people brought to Australia from the refugee crisis in Kosovo was passed in the Senate on 30 April.

Nobody allowed into the country under the "safe haven" provisions will be able to apply for any sort of visa, including a protection (refugee) visa, unless the Minister personally authorises such an application. As is increasingly the case with new immigration legislation, the Minister's power is absolute and he is under no legal obligation to even consider a request that he exercise it. This makes Ministerial decisions virtually immune from scrutiny.

Migration Legislation Amendment (Temporary Safe Haven Visas) Bill 1999 - http://www.aph.gov.au/parlinfo/billsnet/99078.pdf

Discussion paper on illegal workers

The government has published a discussion paper on illegal workers and is calling for comments on the issues raised. Submissions are to be lodged in writing by Friday 28 May 1999 at the following address:

The Illegal Work Review Secretariat
Border Control and Compliance Division
Department of Immigration and Multicultural Affairs
PO Box 25
BELCONNEN ACT 2616

Illegal Workers discussion paper - http://www.immi.gov.au/employers/paper-1.htm
DIMA Employers site - http://www.immi.gov.au/employers/index.html

Hot links

With each edition of Australian Immigration Law Update we will try to find some new or interesting sites that you might enjoy visiting. This month, you might like to try out some of these:

http://www.smh.com.au/news/content/timor/contents.html - A compilation of materials on East Timor from the Sydney Morning Herald
http://www.immi.gov.au/nmac/index.html - Report of the National Multicultural Advisory Council on Australian Multiculturalism for a New Century
http://www.ask.com - A site which takes questions in "plain English" and submits them to several popular search engines

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

Liability is limited by the Solicitors Scheme under the Professional Standards Act 1994 (NSW)

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Disclaimer

The contents of this newsletter are not intended to be legal advice. Parish Patience 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.