by Paul Cutler | Jul 2, 2015 | Uncategorized
The Australian Citizenship Amendment (Allegiance to Australia) Bill 2015 was introduced into parliament at the end of June 2015. The following information comes from the explanatory memorandum:
The Bill introduces three new ways in which a person, who is a national or citizen of a country other than Australia, can cease to be an Australian citizen:
- the person renounces their Australian citizenship if the person acts inconsistently with their allegiance to Australia by engaging in specified terrorist-related conduct;
- the person ceases to be an Australian citizen if the person fights for, or is in the service of, a declared terrorist organisation. A declared terrorist organisation is any terrorist organisation as defined by the Criminal Code and declared by the Minister to apply;
- the person ceases to be an Australian citizen if the person is convicted of a specified terrorism offence as prescribed in the Criminal Code .
The proposed amendments are intended to capture those dual citizens who, by acting against the interests of Australia by choosing to engage in terrorism, have by this conduct repudiated their allegiance to Australia, thereby renouncing their Australian citizenship.
The operation of these provisions are by operation of law and do not necessitate the Minister making a decision. That is, a person’s own conduct, specified in the new sections 33AA, 35 and 35A will be the cause of the person’s citizenship to cease.
The amendments in the Bill:
- apply to a person who is an Australian citizen regardless of how the person became an Australian citizen, including a person who became an Australian citizen upon the person’s birth;
- will not result in a person becoming stateless. The Bill only applies to persons who are a national or citizen of a country other than Australia, that is, dual citizens, and who would therefore not be rendered stateless if their Australian citizenship were to cease;
- prevent a person from re-obtaining Australian citizenship where they have ceased to be an Australian citizen under the three new provisions providing for citizenship to cease. The person can never become an Australian citizen again unless the Minister exempts the operation of the relevant cessation provision;
- requires the Minister to give written notice of the automatic cessation of Australian citizenship to such persons as the Minister considers appropriate;
- allows the Minister to rescind the written notice and exempt a person from automatic cessation of their Australian citizenship if the Minister considers it is in the public interest to do so;
- protects the disclosure of information in circumstances that would prejudice national security. The protection of such information is necessary to protect information; however, the courts will have access to the information in accordance with two existing mechanisms to manage such information in litigation: public interest immunity (PII) and the National Security Information (Criminal and Civil Proceedings) Act 2004 (the NSI Act).
The amendments in the Bill do not limit the application of judicial review.
by Paul Cutler | May 9, 2015 | Uncategorized
Today I received two emails about the removal of the requirement for lawyers to be registered as migration agents.
EMAIL 1 – from the Law Council of Australia
Today the Australian Government announced that it will dismantle the dual regulation of lawyer migration agents. Migration lawyers with practising certificates will not have to register with the Office of the Migration Agents Registration Authority (OMARA) once the reforms have been legislated and commence later in 2015.
The Law Councils media release warmly welcoming this reform is attached.
Registration requirements for migration agents entering the profession will be tightened, and re-registration processes streamlined for agents who have a proven record of good standing. The Government says it will implement a majority of the recommendations of the 2014 Independent Review of the OMARA.The Governments media release is accessible here.
EMAIL 2 – from the Migration Institute of Australia
Whilst the removal of lawyers from the registration system is something the MIA has made submissions against, the final outcome does not remove the personal need and responsibility of lawyers to undertake migration courses should they wish to provide migration assistance. Membership of the MIA as the professional association, which offers professional support, education and collegiality should be an integral part of the migration profession as it is well placed to assist both lawyers and non-lawyers in acquiring specialist migration knowledge, practice and procedure.
Creative commons acknowledgment for the photograph.
by Paul Cutler | Apr 21, 2015 | Uncategorized
The DIBP website now has further information about the temporary suspension of the SIV programme from 24 April 2015 to 30 June 2015:
- all new nominations will be suspended;
- prospective SIV applicants can still lodge Expressions of Interest after 24 April, but they will only be able to be nominated from 1 July 2015 and will be subject to the new complying investment framework;
- the new complying investment framework is still being finalised
- those who have already been invited to apply for an SIV will not be impacted;
- existing SIV applications and those who have already been invited to apply prior to the suspension will continue to be processed under the current regulations;
- Visa processing and visa grant will continue to occur between 24 April 2015 and 30 June 2015 for anyone who has already submitted an application, or who has been nominated prior to 24 April 2015 and then submits an application before 1 July 2015. The current rules (pre 1 July 2015) will apply to them.
by Paul Cutler | Mar 22, 2015 | Uncategorized
This week the Government released its response to the “Independent review into the integrity of the 457 programme”.
Full details of how these changes will come into effect will unfold with time, but some of the key issues are:
- Training Benchmarks A and B will be replaced with an annual training fund contribution based on the number of 457 sponsored and with the contributions scaled according to the size of the sponsoring organisation (6.1) These contributions will be made to the Department of Industry and directed to areas of identified training need (6.2/3). The Government will undertake further consultation with stakeholders on how this will be implemented. It is believed that this will increase the integrity of the way these funds are used and remove the payment of commissions. Training expenditure cost may decrease for sponsors under this new arrangement.
- It will be made unlawful for a sponsor to be paid by a visa holder to be sponsored and a strong penalty and conviction will be applied (10.7)
- Labour market testing will not be abolished, however, the Department will examine ways to reduce the burden to employers and red tape in this process (2.0)
- The English language level will be altered to an IELTS average of 5 overall, with no less than 4.5 in any band (7.1)
- Alternate English language test providers are likely to be announced next month (7.3)
- The exemption for demonstrating English language competency will not be extended to further countries, although the current exemption for 5 years continuous study in English will be changed to 5 years cumulative study (7.5)
- SBS approvals will be extended from 3 to 5 years and from 12 to 18 months for start up businesses. These new approval time frames will commence from the time of renewal or new applications for SBS. Current approvals will not be extended to these time frames (10.1)
- The ATO and the Department have signed an MOU which allows information to be shared on 457 visa holder salaries. The MOU allows the Department to request salary compliance checks across a broader range of the sponsored employees and businesses, without increasing the number of work site visits (18.1)
- Visa charges are being reviewed as part of the Joint Review of Border Fees, Charges and Taxes (11.0)
- The age limitations and the TRT time frames for transition to ENS are being reviewed as part of the Skilled Migration and 400 Visa Series Review, but the recommendations on these from the 457 review are supported (15.1/2)
- The Ministerial Advisory Council on Skilled Migration cannot be replaced, but advice is being sought on whether it can be reconstituted to be more responsive on labour market issues (1.1/2)
- Information provided to sponsors will be reviewed and revised for clarity, but further resources will not be allocated (16.0)
I acknowledge the assistance of the Migration Institute of Australia in providing this summary in MIA Notice 2015.22 circulated to its members on 18/3/15.
by Paul Cutler | Mar 4, 2015 | Uncategorized
I was reading a press release from the Assistant Minister today about a crack down on illegal workers in regional NSW.
By employing people without the correct work rights, employers can commit a crime or be liable for a civil penalty. Directors can also be personally liable for penalties if the employer is a corporation. All this is set out in sections 245AA-245AP of the Migration Act.
Employers can check the visa details and work rights of non-citizens using the Visa Entitlement Verification Online (VEVO) tool on the DIBP website.
by Paul Cutler | Mar 3, 2015 | Uncategorized
DIBP has recently had blitz on “course hopping” by students that has resulted in about 1000 notices (considering cancellation) and
around 750 actual cancellations.
If you get one of these notices or are cancelled you are welcome to contact me and I will see if there is anyway to challenge the decision.
The things that will put on DIBP’s radar will be:
- Higher Education Sector visa (subclass 573) holders granted their visas under the streamlined visa processing provisions (requiring less scrutiny) who, shortly after arrival in Australia, then applied for and were refused Vocational Education and Training Sector visas (subclass 572) (non-streamlined visa processing that requires more scrutiny);
- Student visa holders who have not acted on advice from the department to abide by the requirements of their Student visas;
- Student visa holders who, upon arrival in Australia, have changed to a course of study that has no correlation to the course of study for which their Student visa was granted. For example, a Student visa holder intends to study for a Bachelor of Engineering, and then changes to a cookery course of study.
- Student course hoppers who have an adverse immigration history.
I acknowledge the assistance of the MIA in providing this information as a service to its members.
Creative commons acknowledgement for the photograph.
