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  Australian Immigration Law Update No. 67, July/August 2008

Visas feature prominently in Immigration news this month, together with in depth Crisis Watch reports on the Peace and Security situation in the world's trouble spots. Legislative changes are recorded, and a roundup of Human Rights and country reports are included.


Reciprocal visas

Australia’s electronic tourist visa service allows people from eligible countries to use the Internet to apply for a visa at any time from anywhere in the world, Mr Metcalfe said. This extension of the improved facility to all tourists from European Union nations brings Australia a step closer to reciprocal short-term entry arrangements with the EU.

A further step in October this year will introduce another new online service to continue streamlining the processes for EU tourists and business visitors to come to Australia. This eVisitor service will further enhance the convenience and speed of online applications. It will use technological advances to enhance security and immigration risk screening. It can also eliminate the need for lengthy application forms and other documents.

Working Holidays Visa Changes

The Minister for Immigration and Citizenship, Senator Chris Evans, today announced a measure to further expand the working holiday visa program in Australia.‘From today, working holiday visa holders who have worked in the construction industry in regional Australia for at least three months will be eligible to apply for a second working holiday visa,’ Senator Evans said.

Extending this concession to construction will help this booming industry by encouraging people on working holidays to undertake short-term construction work in regional Australia. Until now, second working holiday visas have only been available to those who have worked for a primary producer in regional Australia for at least three months.

This initiative has helped thousands of farmers across Australia, with almost 12 000 second working holiday visas expected to be granted in 2007-08.‘This measure will further boost the number of people coming to Australia on working holiday visas to work, play and spend money,’ Senator Evans said. Read more

Subclass 457 Integrity review

The Minister for Immigration and Citizenship, Senator Chris Evans, announced the establishment of an independent integrity review process to be conducted by industrial relations expert Ms Barbara Deegan, following concerns raised about the Subclass 457 visa program.

The Subclass 457 Integrity Review will report periodically to the Minister and the Deputy Prime Minister, with a final report to be presented in October 2008. The department is providing secretariat support to the Review.

This is the first in a series of three issues papers to be released as part of the Subclass 457 Integrity Review. As each of the issues papers are produced submissions will be sought from interested parties on the issues raised in each of the papers.

The three issues papers on the Subclass 457 visa arrangements will cover:

  • Issues Paper no. 1 - Minimum Salary Level and Labour Agreements.
  • Issues Paper no. 2 – English Language requirements and Occupational Health and Safety issues.
  • Issues Paper no.3 – Integrity and Exploitation issues.

Recent graduates get professional start

The Department of Immigration and Citizenship (DIAC) has welcomed the start of the first professional year (PY) program for recent international graduate students. The PY concept, introduced in September 2007, is aimed at enhancing the employment opportunities for international graduates who were unable to apply directly for permanent General Skilled Migration, and have met the criteria to remain in Australia on an 18-month temporary skilled graduate visa.

Sixteen students will take part in a PY in computer sciences, which has evolved as result of close collaboration between the Australian Computing Society (ACS), DIAC and the Department of Education, Employment and Workplace Relations (DEEWR),’ a departmental spokesman said.

Read more

Ombudsman... debt waiver

The Commonwealth Ombudsman, Prof. John McMillan, today released a report on the Department of Immigration and Citizenship’s administration of detention debt waiver and write-off. ‘The Department of Immigration and Citizenship’s administration of detention debt needs to be of a high standard because a detention debt can have significant consequences for an individual’, said Prof. McMillan. ‘We examined this issue because complaints to my office highlighted some areas of concern.’

The Migration Act 1958 requires that a non-citizen who is detained is liable to pay the Australian government the costs of their detention. This liability includes costs of the transportation of the person to and from an immigration detention centre and the daily maintenance amount for each day the person spends in detention. In the year ended 30 June 2007, DIAC raised debts of over $28 million for the detention of unlawful non-citizens. DIAC has power to write off a debt. Only the Department of Finance is empowered to consider whether to waive the debt.

The report is available online

Short visa workers

NSW is by far the biggest employer of workers entering Australia on temporary skilled migration visas, an annual report on the controversial migration scheme shows. The state brought in 20,480 workers under the 457 visa program, almost double the number recruited by Western Australia, which employed the second highest number.

The program allows employers to fill holes in the labour market with imported workers who stay between three months and four years. But it has come under fire for threatening to undercut local wages and for exploiting foreign workers - some of whom have died at work and whose prospects of staying in the country become linked to work performance. Last month the Government granted inspectors the power to enter and search workplaces suspected of abusing the scheme. If caught, exploitive employers face fines of up to $110,000, 10 years' jail, or both.

The Immigration Minister, Chris Evans, said: "Although incidents of migrant exploitation are the exception rather than the rule, the Government is moving to improve the protections in place to prevent exploitation of temporary skilled workers from overseas." Read the full report

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Global College

Global College no longer has approval to deliver courses to international students. The Department of Immigration and Citizenship (DIAC) understands that students may be concerned about their visa status and appreciates that this situation is beyond their control. This fact sheet outlines special DIAC arrangements that give you adequate opportunity to study elsewhere on your student visa if you wish to do so. If you are under the age of 18, please read the section below that relates to you. For information about your right to a refund of course fees or placement in an alternative course go to the Department of Education, Employment and Workplace Relations (DEEWR) website at http://aei.dest.gov.au/ESOS/default.htm

If you were actively engaged in studies at Global College as at 30 June 2008, you have extra time to demonstrate enrolment in an alternative course. You must obtain a Letter of Offer or a Confirmation of Enrolment for alternative studies by 31 July 2008. If you cannot demonstrate enrolment by this date, you must contact DIAC as soon as possible to discuss your visa options. It is important that you read information on the DEEWR website at http://aei.dest.gov.au/ESOS/default.htm before seeking alternative enrolment.

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Freedom of information

Significant improvements are being made to the Department of Immigration and Citizenship’s (DIAC) Freedom of Information (FOI) processes to ensure it fulfils its core commitment as an open and accountable organisation, the department’s secretary, Andrew Metcalfe, said.

The department has undertaken considerable work improving both its business processes and compliance with the statutory 30-day FOI timeframe. Additional staffing has been allocated to deal with the department’s backlog.

Since it was established in January, the FOI taskforce has achieved considerable progress. As at November 30 last year, DIAC had 3030 FOI requests on hand (of which 2686 were more than 30 days old). As at May 30, the taskforce had 1233 requests on hand (of which 750 were more than 30 days old). And as at June 19, the taskforce had only 847 requests on hand (of which 439 were more than 30 days old).

‘We have become increasingly more efficient since April when DIAC’s 24-hour, 30-day case management model began. This model sees all files ordered within 24 hours of receipt of request. We are currently finalising 70 per cent of new requests within 30 days and expect a 90 per cent success rate by September,’ Mr Metcalfe said. Read more

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Adjustment of fees

From 1 July 2008, the Migration Regulations 1994 ('the Migration Regulations') are amended to effect the annual adjustment of most fees and visa application charges. The annual adjustment process is done in accordance with government policy and the Migration (Visa Application) Charge Act 1997. The Immigration (Education) Regulations 1992 ('the Education Regulations') are also amended from 1 July 2008 to effect the annual adjustment of fees for prescribed English courses for migrants and other persons prescribed in section 4 of the Immigration (Education) Charge Act 1992.

Read the full report

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Migration Institute of Australia News

Changes to location of Processing of Permanent (Second Stage) Partner, Visa Applications – 1 Oct 08

The department is consolidating visa and citizenship processing into dedicated centres around Australia. From 1 October 2008 the following visa subclasses will be processed in either the ACT and Regions Office (ACTRO) or the Melbourne office:

  • Subclass 100 - Spouse Visa
  • Subclass 110 - Interdependency Visa
  • Subclass 801 - Spouse Visa
  • Subclass 814 - Interdependency visa

Where an application is processed will depend on where the initial application was lodged. If the application was lodged at an immigration office overseas, it will be processed in ACTRO. If an application was lodged in Australia, it will be processed in Melbourne.

For more information see:

Health and Character requirements for parent visa applications outside Australia

On 14 July 2008, the department changed its queuing procedures relating to parent visa applicants outside Australia.

Applicants outside Australia

All parent visa applicants outside Australia lodging a new parent visa application will no longer be required to undertake health and character checks prior to queuing.

This means that for parent visa applicants outside Australia to be allocated a queue date, they will only be required to be assessed against the remaining core criteria which include satisfying the sponsorship requirement and meeting the balance of family test. They will, however, still be required to complete health and charater requirements prior to visa grant. These changes will result in significant efficiency gains for both parent visa applicants and their sponsors.

Applicants in Australia

The above change in policy does not affect parent visa applications lodged by visa applicants in Australia. These applicants will still have to meet the health and character requirements as part of their queuing procedures.

Read the full notice

Skilled – Recognised Graduate Subclass 476 visa – new list of institutions

A recognised overseas institution is a university recognised by Australian employers as offering world-class degree programs in the field of Engineering.

To find out if your university is on the list of recognised overseas institutions, see the Department's website

Changes to skilled – Graduate (subclass 485) visa – effective 27 October 2008

Changes relating to the provision of evidence of English language ability for the Skilled - Graduate (Subclass 485) visa are being introduced from 27 October 2008. People who have made an application for a Skilled - Graduate (Subclass 485) visa before 27 October 2008 will not be affected by the changes.

People lodging an application for a Skilled - Graduate (subclass 485) on or after 27 October 2008 must provide evidence at the time they lodge their application that they have met the relevant English language standard. This means in effect applicants must lodge with the application a satisfactory IELTS test result. For those in doubt, it is recommended eligible applicants lodge a 485 visa application before this date.

Read the full notice of this changes from the DIAC's website.

Fact Sheet 89 – Information for clients whose Transitional (Permanent) visa was cancelled under s.501(2) of the Migration Act 1958

The Full Federal Court’s decision in Sales v Minister for Immigration and Citizenship (2008) FCAFC 132 (‘SALES’) found that the client did not hold a Transitional (Permanent) visa because he never had been granted an 'entry permit' and therefore he could not become, by operation of law, the holder of a Transitional (Permanent) visa on 1 September 1994.

The court ruled, however, that regardless of whether Mr Sales held a Transitional (Permanent) visa, s501(2) of the Migration Act 1958 (the Act) does not authorise the cancellation of a visa that is simply 'held' by a person. Section 501(2) only permits cancellation of a visa that has been 'granted' or deemed by express statutory provision to 'have been granted' to a person.

The Court said that, with one exception, a Transitional (Permanent) visa held by virtue of the Migration Reform (Transitional Provisions) Regulations of 1994 is not granted, nor deemed to be granted, and therefore it cannot be cancelled under s501(2). (The exception is a transitional (permanent) visa ‘taken to have been granted’ under reg 9 of the 1994 Regulations.)

The department has undertaken a review of all detention cases to identify any clients who may have been affected by this decision.

The Sales decision has no direct impact on persons who have been removed from Australia following the cancellation of a transitional (permanent) visa. Should such a person wish to discuss their case, they should contact the department.

If you are in Australia or overseas and you believe you are affected by the above decisions, you should contact the department or seek legal advise.

Read more

Frequently Asked Questions – Capital Investment Scheme

Prior to 1 September 2007 General Skilled Migration (GSM) visa applicants could earn 5 bonus points if they deposited at least $100 000 in a designated security for a term of not less than 12 months.

From 1 September 2007 the GSM points test did not include provision for this facility. This change affected all GSM applications lodged after that date.

The States and Territories who had participated in this scheme for applications lodged before 1 September 2007, withdrew their support in December 2007 following allegations of substantial fraud.

This means that currently no State or Territory will issue a security in which an investment is a ‘designated security’.

For more information on frequently asked questions about the Capital Investment Scheme see the Department's website

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United Nations

Keeping the Peace

Since 1945 the UN has launched 59 peacekeeping missions, of which 16 were still active in July 2004. Troops from 130 nations have been used, with Canada and Fiji involved in almost all of them.

Although the Permanent Five members of the Security Council pay higher contributions for peacekeeping, their troops are now little used - in part because they are seen as threathening, in part because other countrie's troops are cheaper.

Countries are reimbursed by the UN at the rate of $1,000 per soldier per month, which in some countries makes a significant contribution to military budgets. This can cause problems - as in Fiji when there was a military coup in 1987.

Peace and Security Reports

Georgia & Russia

5 June 2008 | Tbilisi | Moscow | Brussels

With the dispute between Georgia and Russia in a new, dangerously confrontational phase, the risk of war in the South Caucasus is growing. Concerned by NATO’s plans for further extension to former Soviet republics and Kosovo’s unilateral but Western-orchestrated independence, Russia has stepped up manipulation of the South Ossetia and Abkhazia conflicts. Georgia remains determined to restore its territorial integrity, and hawks in Tbilisi are seriously considering a military option. Both sides need to recognise the risks in current policies, cool their rhetoric and cease military preparations. Russia should cease undermining its peacekeeper and mediator roles and be open to a change of negotiating formats. Georgia should adopt a new approach to the Abkhaz, encouraging their links to the outside world to lessen dependence on Russia and emphasising incremental con­­fidence building to establish the mutual trust needed for successful negotiations. The U.S. and European Union (EU) should be firm and united in cautioning both Moscow and Tbilisi against military adventures. Read media release

Ethiopia and Eritrea

17 June 2008 | Nairobi | Brussels

The Ethiopia-Eritrea impasse carries serious risk of a new war and is a major source of instability in the Horn of Africa, most critically for Somalia. Following Ethiopia’s refusal to accept virtual demarcation of the border by the now disbanded Ethiopia-Eritrea Boundary Commission (EEBC), Asmara unilaterally imple­men­ted it and forced out the UN peacekeepers (UNMEE), significantly raising the stakes and shattering the status quo. Its insistence on recovering terri­tory the Commission awarded it – Badme in particular – could lead to unilateral military action by either side but is only one of several war scenarios. The Security Council and key individual states (the U.S., in particular) must recognise the dangers of their inaction and advance a reconfigured political process with new determination if there is to be a change in the calculations of the parties, who appear to be dangerously content with trying to maintain a level of simmering but unpredictable hostility. Read more

Bolivia

19 June 2008 | Bogota | Brussells

President Evo Morales’s efforts to consolidate sweeping reforms on the basis of a controversial new constitution have steered Bolivia into a cul-de-sac. On 8 December 2007, his supporters in the Constituent Assembly (CA) provisionally passed the text by running roughshod over procedures and virtually excluding opposition delegates. Weak attempts to bridge the deepening divide have failed, increasing potential for a violent confrontation both sides still seem to wish to avoid. Openly defying Morales in May 2008, however, Santa Cruz massively approved the department’s autonomy statutes by referendum. Two other eastern lowland departments followed suit, with the fourth expected to do so on 22 June. Morales is pushing for final adoption of the constitution by referendum and a popular vote of confidence. The Organization of American States (OAS), the European Union (EU) and several European countries, and the Group of Friends (Argentina, Brazil and Colombia) should provide good offices to help the government and opposition reach urgent agreement on a revised constitution that can keep the country together. Read more

Cyprus

5 June 2008 | Nicosia | Istanbul | Brussels

A new peace process in Cyprus offers the best opportunity in decades to solve the intractable division of the island. The turnabout is largely due to the surprise election of Demetris Christofias to the Greek Cypriot presidency. He, together with his Turkish Cypriot counterpart, Mehmet Ali Talat, are demonstrating political will to make the current UN-mediated talks succeed. Key players like Turkey are being constructive. The outside world, particularly the UN and European Union (EU), needs to fully engage in support of a comprehensive settlement that will improve Cypriot security and prosperity, free Turkey to continue its movement into Europe and overcome a problem that is increasingly damaging to EU policy in the region and beyond. Read more

South Korea

30 June 2008 | Ramallah

South Korea’s electoral politics has made a turn to the right that is likely to lead to closer security ties with the U.S. and some other important adjustments in foreign policy and has already strained relations with the North. The shift toward the Grand National Party (GNP), evident in President Lee Myung-bak’s victory in late 2007, was completed when it won a majority in the 18th National Assembly in the 9 April 2008 elections. Those elections were dominated by domestic concerns, especially the economy; foreign policy and inter-Korean relations were near the bottom of voters’ interests. The GNP’s legislative agenda will include deregulation and privatisation, intended to revitalise business. Read more

Ruling Palestine

17 July 2008 | Ramallah | Jerusalem | Brussels

In June 2007, as Hamas took control of Gaza and a new government was formed in the West Bank, observers ventured two scenarios. The West Bank might become a model, whose economic revival and improved relations with Israel and the wider world contrasted with Gaza’s sorry fate; or, given continued occupation and the structural dysfunctionality of the Palestinian Authority (PA), it would see little progress. Both were wrong. Under Salam Fayyad’s competent leadership, it has made gains, particularly in law and order.

But a model it is not. The advances are insufficient to persuade Israel to loosen the closure regime or halt military incursions deemed critical to its security. Absence of a functioning parliament and Palestinian security services’ harsh tactics against Hamas sympathisers are inconsistent with accountable, transparent, legitimate governance. Israel and the PA should improve coordination; their international partners should prod them to do so, while giving significant financial aid. But ending the geographic division and restoring parliamentary democracy are critical for longer term stability. Read more

Nepal

3 July 2008 | Kathmandu | Brussels

Kathmandu/Brussels, 3 July 2008: Nepal’s major parties should cooperate in a coalition government led by the Maoists, who won the April Constituent Assembly (CA) elections, to help the world’s newest republic avoid political instability.

The International Crisis Group today released companion reports: Nepal’s Election: A Peaceful Revolution?, an extensive analysis of the 10 April vote, and Nepal’s New Political Landscape, which examines the major challenges remaining in a peace process that has made considerable progress but is still incomplete. The voters in the CA elections delivered a mandate for peace and change, giving the Maoists a clear victory but leaving them without an absolute majority. The major established parties, shocked by their defeat, have stalled the formation of a Maoist-led coalition government.

Read more

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Human Rights

Refugee camp in your city

On August 27 2008, Médecins Sans Frontières (MSF) Australia is launching the first Australian tour of REFUGEE CAMP IN YOUR CITY, an outdoor, interactive event that re-creates a refugee camp and its facilities on your doorstep. It is open to the public - entrance is free - and fully interpreted by Australian returned field workers.

Pitched in the heart of Australian and New Zealand cities, REFUGEE CAMP IN YOUR CITY brings humanitarian assistance within reach of the everyday lives of all Australians, young and old. See schedule

MSF’s most successful public awareness event around the world , the CAMP aims to create a better understanding of the vulnerability of life for displaced people and refugees who have fled their homes, and the ways MSF responds to provide healthcare and other vital assistance.

Read more

Refugees get grant to pass test

THE Federal Government will give $3.4million in grants for special assistance to refugees and others who need it to prepare for the controversial citizenship test. The Citizenship Support Grants program will provide funding for 33 community organisations nationally, including migrant resource centres and English language service providers.

The Minister for Immigration, Chris Evans, said: "These organisations will offer a range of services to support up to 35,000 people who may have difficulty in undertaking the computer-based citizenship test", such as low English proficiency, a lack of formal education, difficulty performing in formal testing, or little or no experience with computers. A snapshot shows more than 25,000 people were tested in the first six months, to March 2008: 82 per cent who came as refugees or in the humanitarian program passed, compared to 99 per cent of skilled migrants and 91 per cent of family migrants. The Federal Government is committed to retaining the test but is reviewing it.

Training teachers for Afghanistan

AUSTRALIA and Malaysia will work together to train teachers for Afghanistan and to boost the peacekeeping capacity of regional military forces under a novel series of initiatives announced by the Prime Minister, Kevin Rudd, and his Malaysian counterpart, Abdullah Badawi, yesterday. The two leaders also agreed to a sister schools program linking secondary schools in the two countries, creating opportunities for exchange visits between schoolchildren and teachers, and will establish working holiday visas for young people.

Under the agreement on Afghan teacher training, Australia will provide financial resources and Malaysia the expert knowledge on Islamic education. Mr Rudd said about 30 master teacher trainers would be trained in Malaysia so they could go back to Afghanistan and pass on skills to other trainers.

Private Lawyers for Timor Leste

The National Parliament of Timor Leste has convened a plenary session and approved Law No. 2/II/1 on the Regulatory Framework for Private Lawyers and Lawyer Training. The plenary session was attended by 47 of the 65 Members of Parliament on 10 June 2008. “Private lawyers are pleased at the approval of this law because it provides greater guidance for them in carrying out their duties both inside and outside of the courts, and to enable them to better contribute to the development of a strong and robust legal system in Timor-Leste,” said Timotio de Deus, Director of JSMP.(Judicial System Monitoring Program)

The legal profession in Timor Leste has long called for and anticipated a stronger legal basis for their practice. JSMP hopes that this new legislative framework will hold lawyers to a high standard, recognizing their crucial role in providing services to those many who are seeking justice through the formal system in courts across Timor Leste.

Virgin Blue Landmark Decision

Two people with disabilities have won a significant victory for public interest litigants in Australia. The two are claiming that airline, Virgin Blue, discriminated against them by requiring that they travel with a carer at their own expense.

Justice Annabelle Bennett AO has capped the costs the two applicants will have to pay if they lose their claim against Virgin Blue at $35,000 and $15,000 respectively. Virgin Blue has estimated its costs so far to be well in excess of $53,000. This is the first time cost capping has been used in a disability discrimination case and now enables clients to proceed with their claiming.

National Indigenous Representative Body

The federal Government should have a new National Indigenous Representative Body up-and-running within 12 month, Aboriginal and Torres Strait Islander Social Justice Commissioner Tom Calma said today as he released an Issues Paper on options for a new body. “Indigenous people have a right to speak with their own voices about issues affecting them. Governments risk failure if they develop and implement policies about Indigenous issues without engaging with the recipients of those services,” said Commissioner Calma. The Issues Paper, Building a Sustainable National Indigenous Representative Body, was prepared by the Human Rights and Equal Opportunity Commission referencing research commissioned from the National Centre for Indigenous Studies at the Australian National University.

Cape York Policy Institute

The Cape York Policy Institute is a leading policy voice on Indigenous issues and its initiative in establishing the Cape York Leadership Academy is testament to its proactive, forward-looking approach. It's time for a new chapter of Indigenous housing.

NAIDOC Awards

Singer Archie Roach and Aboriginal activists are among those to pick up NAIDOC awards at last night's ceremony in Canberra. Lifetime achievement awards went to Roach and Sydney Indigenous human rights activist Dr Chicka Dixon.

Queensland economic development advocate Joseph Elu also picked up the prestigious title. "It's very important, it tells me that somebody out there recognises or appreciates what I've done for my people," Mr Elu said.

Person of the Year went to Associate Professor Colleen Hayward from Perth for her policy work on areas like education and training. The National NAIDOC committee says it received 266 nominations this year - a record number. The awards are to recognise the contribution Indigenous people make to Australia.

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Refugee Issues in the Media

Government moves to amend migration laws

Immigration Minister Senator Chris Evans has introduced the Migration Legislation Amendment Bill (1) 2008 which outlines more than 100 changes To migration and citizenship laws. (AAP, 26 June)

UNHCR resettlement conference focuses on helping refugees at risk.

Representatives from 34 countries have gathered for the UN Annual Tripartite Consultations on Resettlement focusing on efforts to improve the safety and protection of refugees who continue to be at risk in the countries in which they have sought asylum. “A lot has been said and written on the responsibility to protect, but we would like to seize this opportunity to encourage States to think of settlement as a practical form of sharing this responsibility” (Reuters, 2 July)

More than 30,000 Burmese refugees resettled

The number of refugees from Burma to be resettled from Thailand to third countries has topped 30,000 since resettlement began in 2005 in what the UNHCR has described as the world’s largest resettlement operation. 123,500 refugees remain in camps along the Thai-Burma border and many have been living in the camps for decades. (AP, 26 June)

Iraqi soccer players to stay after winning claims for asylum.

Three members of the Iraqi national soccer team have been given permanent visas to remain in Australia after claiming asylum in late 2007. (West Australian, 26 June)

Two jailed over fatal attack on refugee

The killers of a young Sudanese refugee who was a victim of a brutal attack in Melbourne in 2006 were sentenced to three years imprisonment. (The Age, 23 June)

Government launches immigration detention inquiry.

The Joint Standing Committee on Migration will review the criteria for detention, the length of time spent in detention, accountability and transparency measures and Determine possible alternatives. Chairperson of the Committee Labor MP Michael Danby said that “there are perhaps situations where people could live in the community and comply with the law over their detention by living outside. We want to have a more Creative and open mind to ideas of handling people like that” There are currently 461 people in immigration detention centres throughout Australia (ABC News Online, 10 June)

Values change for migrants

In a change from the previous government’s “Living in Harmony” programs the Department of Immigration and Citizenship will focus on creating tolerance through “respect, fairness and inclusion” ( Herald Sun, 10 June)

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Country Reports

Afghanistan

Taliban propanganda is winning the war of words. The Karzai government and it’s international supporters must become much better at countering sophisticated Taliban propaganda if they are to defeat an insurgency that is driving a dangerous wedge between them and the Afghan people.

Bosnia

Forensic experts have exhumed 66 Srebrenica massacre victims from a mass grave in eastern Bosnia. Two complete and 64 incomplete skeletons were exhumed. An identification card found in the grave supported initial information that the bodies were of Muslin men from Srebrenica who were killed in the July 1995 massacre. About 8000 Bosnian Muslim men were killed when Bosnian Serb troops overran Srebrenica in what the International Court of Justice last year defined as an act of genocide. More than 3200 massacre victims have been found in nearby mass graves

Burma

Burma has ratified a proposed charter by the Association of South-East Asian Nations that includes controversial human rights provisions. Burma fair to muddling in wake of savage blow. Two months after a cyclone savaged the fertile Irrawaddy Delta, in Burma’s south-west, the bones of drowned victims still clutter the muddy banks of waterways.

Cambodia

A Cambodian official said Cambodia and Thailand need a third party to help end a military stand-off on their border after talks between the two failed to resolve the crisis. More than 500 Thai troops are facing off against 1000 Cambodian soldiers around a Buddhist pagoda on disputed land near the ruins of a Cambodian temple.

Fiji

Fiji’s self-appointed Prime Minister, Frank Bainimarama May seek to take over the country’s presidency, said New Zealand’s Prime Minister, Helen Clark. she told a New Zealand newspaper she believed Mr. Bainimarama, an army leader who seized power in 2006, never intended to keep a promise to return democracy to Fiji by next March.

Indonesia

. Indonesia says it will implement the recommendations of new report that blames it for a systematic, murderous campaign of human rights abuses surrounding East Timor’s 1999 vote for independence. The report calls on Indonesia to accept responsibility for the brutality and urgently reform the military. A Foreign Affairs spokesman, Teuku Faizayah, refused to be drawn on the damning conclusions which his government will receive, but said: “We will accept the report … and take steps to follow the recommendations”

Iran

Iran warns that it would retaliate. Ali shirazi, a clerical aide to Supreme Leader Ayatollah Khamenei, issued a harsh warning for both Israel and the US amid reports that the nations were possibly planning strikes against Iranian nuclear facilities.

Iraq

Iraq opens oil fields to foreign bids. Iraq’s government has opened 6 major oil fields to bids from foreign companies , including BHP Biliton. the tenders would give the world’s major oil companies access to Iraq’s massive reserves through technical services contracts.

Kiribati

Prime Minister Kevin Rudd has discussed the impacts of climate change on the citizens of Kiribati with President Anote Tong. Mr Tong said that his people rejected the notion of being environmental refugees, but would like to be relocated with dignity in the event of land loss due to rising sea levels.

Nepal

Nepal’s Maoists said they would not form the country’s First post-royal government after the defeat of their Candidate for president, plunging the country into a new Political crisis. The former rebels’ decision came a day After rival parties ganged up against the Maoists to elect A president allied to the main centrist party.

Philippines

Armed men raided a copper-gold mine project controlled by Australian and Anglo-Swiss companies in the southern Philippines, burning a drill rig. Australian Indophil Resources sources said no one had been hurt in the attack on the Tampakan project in Mindanao.

Spain

THE Spanish Government plans to offer unemployed immigrants advance payment of their benefits if they return to their countries of origin and agree to stay there for at least three years. The Spanish labour ministry said 100,000 immigrants from 19 countries would be eligible to receive the payout, but it expects only between 10 per cent and 20 percent to agree to the trade-off . The Government is expected to approve the plan in September. Spain’s Immigration population has risen to roughly 10 percent of the total in the past decade as builders and developers offered seemingly endless work opportunities.

Timor Leste

East Timorese police fired tear gas and arrested at least 20 students in a raid on a university campus to break up A protest over imported cars for politicians. About 200 Students took part in the demonstration at the National University of Timor-Leste to protest that the money would be better spent on the poor.

Uganda

Internally displaced Persons in northern Uganda are being encouraged to go home now that a relative peace has returned to the region. the Ugandan government is spearheading efforts to rehabilitate northern Uganda, with a $600 million restoration package to be rolled out. We shall make it a success, especially in the construction of schools, health centres, roads and establishment of water points and sanitation programs.

Venezuela

Political reform or regime demise. Hugo Chavez’s radical course and increasingly autocratic revolution are under growing pressure from former supporters alienated by government mismanagement, food shortages, inflation, public insecurity and corruption

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Federal court decisions

SZJRI v Minister for Immigration and Citizenship (2008) FCA 1090

MIGRATION – Tribunal found that sole or dominant motivation for threatened harm was for revenge and therefore for satisfaction of a personal grudge – finding was unreasonable on the available evidence – whether threatened revenge giving rise to alleged fear of persecution was for the reason of the appellants membership of the Nepalese police force or by reason of his actual or imputed political opinion – Tribunal implicitly found that revenge and political motive were incompatible – Tribunal failed to consider relevant evidence to find whether revenge threatened was for a Convention reason - appeal allowed.

Read the full decision

SZJDS v Minister for Immigration and Citizenship (2008) FCA 1093

On its face, this is an application for leave to appeal, but in reality it is an application for leave to file an appeal out of time pursuant to O 52 r 15(2) of the Federal Court Rules. The decision the applicant wishes to appeal is that of Federal Magistrate Barnes, which was delivered on 19 March 2008. In an application of this kind, the applicant needs to show that there are ‘special reasons’ why leave should be granted. There is also a general requirement for the Court to consider what prospects of success the applicant has in the appeal.

Read the full decision

SZGQN v Minister for Immigration and Citizenship (2008) FCA 1089

On 27 May 2008, Federal Magistrate Smith made orders in the Federal Magistrates Court of Australia on an application by the applicant, who has been identified for the purposes of these proceedings as SZGQN, for orders under s 476 of the Migration Act 1958 (Cth) (‘the Migration Act’) in respect of a decision of the Refugee Review Tribunal (‘the Tribunal’) dated 25 March 2008.

Read the full decision

SZGWN v Minister for Immigration and Citizenship (2008) FCA 238

This is an appeal from the orders made by Federal Magistrate Scarlett on 18 October 2007 dismissing an application for review by the appellants in respect of a decision of the Refugee Review Tribunal (“the Tribunal”) made on 28 November 2006 and handed down on 21 December 2006. The Tribunal had affirmed the decision of a delegate of the first respondent made on 31 January 2005 not to grant protection visas.

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Federal Court of Australia – Full Court Decisions

SZKTI v Minister for Immigration and Citizenship (2008) FCAFC 83 (28 May 2008)

MIGRATION – Refugee Review Tribunal telephoned a person to obtain information about appellant – procedures for obtaining such information in ss 424(2), (3) and 424B of the Migration Act 1958 (Cth) not followed – whether jurisdictional error.

MIGRATION – Refugee Review Tribunal telephoned a person to obtain information about appellant – whether telephone call raised new "issues arising in relation to the decision under review" under s 425(1) of the Migration Act 1958 (Cth) – whether tribunal therefore required to invite appellant to a new hearing.

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SZHKA v Minister for Immigration and Citizenship (2008) FCAFC 138 (5 August 2008)

MIGRATION – visa – protection visa – second review of decision by delegate of Minister to refuse visa – earlier decision of Tribunal set aside by court – Tribunal constituted by different member on second review – whether Tribunal required to invite applicant to second hearing

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Federal Magistrates Court of Australia

SZLQY v Minister for Immigration and ANOR (2008) FMCA 692

MIGRATION – Review of decision by Refugee Review Tribunal – whether Refugee Review Tribunal’s decision affected by jurisdictional error- whether the Refugee Review Tribunal failed to take into account considerations and evidence which it was required to – whether or not the Refugee Review Tribunal had regard to the alleged conduct by the applicant in Australia engaging s.91R(3) of the Migration Act 1958 (Cth) – whether the Refugee Review Tribunal made findings on relevant matters – whether the Refugee Review Tribunal complied with s.91R(3) – whether the Court should exercise its discretion in remitting the matter to the Refugee Review Tribunal – writs issued.

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Diary dates

Events Place Dates
Refugee Camp in your city Martin Place September 13-17
Refugee Camp in your city Olympic Park September 5 - 9
Refugee Week 2009 June 14 - 20
Bill of Rights Conference 2008 Melbourne October 3
Anti – Poverty Week October 12 – 18
2nd Global Forum on Migration and Development Manila, Philippines October 27–30
Crisis of Human Rights in Sri Lanka S.U. Camp October 10

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Quote of the month

"What lies behind us and

What lies before us, are

Tiny matters compared

To what lies within us"

Ralph Waldo Emerson

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In this issue:

Australia closer to reciprocal visas

Working holiday Visa Changes

Subclass 457 Integrity review

Recent graduates get professional start

Ombudsman... debt waiver

Short visa workers

Global College

Legislative Changes

Freedom of Information

Adjustment of fees

United Nations

Human Rights

Refugee issues in the media

Country Reports

Federal Court decisions

Diary dates

Quote of the month


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Contact Us:

Parish Patience Immigration
Lawyers
Level 1, State Street Centre
338 Pitt Street
Sydney NSW 2000
Australia 
Tel: +61 2 9286 8700
or: 1300 850 695 (within Australia)
Fax: +61 2 9283 3323
Email:

Contact and enquiry form


Disclaimer

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.