Hot off the plate The latest in immigration news in Australia

The past few weeks have been dominated by immigration related news items in the media, as well as in the Australian federal elections campaign stage. Here are some eye catching news items.

Large-scale fraud of visa system by Indian workers and students

The ABC has revealed that thousands of Indian students, skilled workers and 457 visa holders have been admitted to Australia on dodgy travel and work documents. The internal audits show fraud rates approaching 50%.

“Around the periods of 2008, 2009, 2010 the fraud levels were quite considerable, a matter of real concern and things have since changed,” says the DIAC.

Criminal conviction for fraud and cancelling of visas

The first criminal conviction in Australia using false qualifications to obtain permanent residence took place on July 6, 2010. Since then the DIAC is continuing investigations and they have started cancelling visas, including visas of permanent residents.

The department has submitted a substantial number briefs of evidence and more are expected.

An investigation of this size has never previously been conducted by DIAC. In the past 12 full time staff have been allocated to the investigation. So far, 23 unregistered migration agents have been investigated, 200 employers, and in the past about 3000 GSM visas applications were recommended for refusal.

It is unfortunate that even some migration agents (registered or unregistered) who are under investigation (who are known in the society as fraudsters) are still operating.

Fraud Public Interest

Criterion PIC 4020

DIAC may issue notices and letters to people who are suspected of fraud to comment based on natural justice provisions. Such people must immediately seek proper legal advice. Please note that not all immigration agents are not lawyers (85% of agents may not be lawyers).

Website information

From 1 July 2013, the Migration Regulations 1994 (‘the Regulations’) were amended or changed.

An enormous amount of statutory (and other) material has been released. The statutory changes can be found at; www.comlaw.gov.au

This site contains the only database of Australian Government legislation that is authoritative. No other website in the world can make this claim. Other websites including the department of immigration (DIAC) and the DIAC policy, should not be treated as the correct version of law and a fact finding legal body would not treat DIAC website information and its policy as law, but only the legislation. The ultimate responsibly of interpreting the law is in the hands of the courts.

Occupation lists

Some of you are aware that the occupations list were changed on 1 July, 2013, however, the Australian Workforce and Productivity Agency is already considering which occupations should be removed or added to the list next year. Once again they have flagged the occupation of accountant for possible removal.

A link for related information: www.dlegal.com.au

457 Temporary Work visa

There have been substantial changes, some with retrospective effect. The requirements that must be satisfied vary depending on a number of factors including the entry stream under which the Subclass 457 visa is being applied for. The most controversial of them all are the new English language requirements. Before 1 July, 2013, most occupations were exempt from the English language requirement, with the exception of technicians and trade workers.

The new requirements apply to applications lodged before 1 July, 2013, that are still being considered by DIAC or which have been refused, and which are the subject of a Migration Review Tribunal review application.

The Temporary Skilled Migration Income Threshold (TSMIT) has increased from $51,400 to $53,900. New Skilled Occupations Lists that are applicable is Schedule 1 and

Schedule 2, which make the Consolidated Skilled Occupation List (CSOL).

Before 1 July, 2013, sponsors were able to sponsor/nominate an unlimited number of Subclass 457 visa holders, but since that date employers are restricted to sponsoring the number of Subclass 457 workers that was approved in their sponsorship application for the term of their sponsorship. Unlike in the past, now people intending to migrate should be on the lookout at all times and need to plan their strategy well in advance. It is also recommended to consult an experienced and reputed migration lawyer, rather than a nonlawyer migration agent. Dinesh Weerakkody is an Australian solicitor and a barrister and an immigration agent. Contact on: info@dlegal.com.au or visitwww.dlegal.com.au