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Visa joy turns to misery with pay shortfalls

Date: June 24, 2013

 

By Natasha Wallace

Andres Bernal, who came to Australia on a 457 visa as a diving instructor, has bitter personal experience of the downside of the temporary skilled worker scheme.

While both sides of politics continue to argue over the program, Mr Bernal, 36, has had to accept defeat in a battle to regain lost wages against a former employer.

Mr Bernal alleges Sydney Underworld Pty Ltd owes him $16,000 in unpaid wages and entitlements after he spent a year working for its associated company, Dive Trek Pty Ltd in La Perouse.

(more…)

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Victorian MRT / RRT Relocation:

From Monday, 15 July 2013, the Victorian Registry of the MRT and RRT will be located at: Level 10, 120 Spencer Street

Melbourne VIC 3000

 

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Agent Sanctions – Vedaranyam, Jayakumar

Decision Date: 28 Jun 2013

Agent Name: Vedaranyam, Jayakumar

Registration Number (MARN): 0001721

Decision: Cancellation

Decision Summary: On 28 June 2013 the Office of the Migration Agents Registration Authority (“the Authority”) made a decision to cancel the Agent’s registration as a migration agent.

(more…)

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Update from Immigration SA

“We’re streamlining the regional certifying body process

The Regional Sponsored Migration Scheme (RSMS) provides South Australian employers with an opportunity to employ skilled people from overseas.

Employers can sponsor skilled migrants if they can demonstrate they are unable to find suitable people in the local labour market.

Our role is to act as the regional certifying body (RCB), which assesses whether an application satisfies migration criteria and provide advice to guide the DIAC decision. (more…)

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The Pharmaceutical Society of Australia has welcomed the announcement that pharmacists have been removed from the Skills Occupation List.

Date:  Tue, 04/06/2013

 

Spokesperson:  Pharmaceutical Society of Australia

The Australian Government, through the Department of Immigration and Citizenship, has announced a revised Skills Occupations List for the purposes of migrating to Australia under the skilled migration program.

This revised list will become effective from 1 July 2013 and both hospital pharmacists and community pharmacists have been removed from the list.

The list facilitates the migration to Australia of people who are covered by occupations included in the list.  (more…)

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Subclass 457 Changes

The Migration Amendment (Temporary Sponsored Visas) Bill 2013 has now been passed by both houses of Parliament.

Note: It is not clear when this will receive Royal Assent from the Governor General and therefore when it will come into effect.

During the course of its progress through Parliament certain amendments were made to the original Bill as described in the MIA Notice 46 on 7 June 2013. The amendments are mainly in relation to Labour Market Testing.

The Migration Amendment (Temporary Sponsored Visas) Act 2013 is not yet on ComLaw, but it, and the accompanying Explanatory Memorandum, can be found on the Parliament House website.

(more…)

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Six months’ jail for identity fraud

From the DIAC News room:

 

28-06-2013 – 

A Vietnamese man was handed a six-month jail sentence in the Melbourne Magistrates Court today after he was prosecuted for using three false identities to apply for and obtain permanent residence and fraudulently obtain and use a genuine Australian passport.

A Department of Immigration and Citizenship (DIAC) spokesman said the sentence sent a strong warning to those engaging in migration-related fraud.  (more…)

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RSMS Direct Entry Regional Certifying Bodies – from 1 July 2013

Legislative Instrument IMMI 13/049 [F2013L01107]

Migration Regulations 1994 – Specification under sub-subparagraph 5.19(4)(h)(ii)(F) and subregulation 5.19(7) – Regional Certifying Bodies and Regional Postcodes – June 2013 specifies the bodies that are approved to advise the Minister on certain aspects of Regional Sponsored Migration Scheme Direct Entry employer nomination applications. (more…)

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Refugee Review Tribunal ‘gets it right’

Date: July 3, 2013

 

By David Wroe, Bianca Hall

The former head of the government’s own refugee tribunal has dismissed Foreign Affairs Minister Bob Carr’s claims a flood of ”economic migrants” has been wrongly classed as refugees because the system is too soft.

Denis O’Brien, a leading lawyer who headed the Refugee Review Tribunal for five years until June last year, said Australia would be in danger of breaching its obligations under the refugee convention if it tried to tighten the criteria by which asylum is assessed. (more…)

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Reason behind RSMS policy requiring 2 years experience with Cert IV

Since 15 May 2013 DIAC has had a policy (which was unannounced) that an applicant with a Certificate IV can only count that if the Certificate IV had two years work experience embedded, or if the person has two years post qualification experience.  [see MIA Notice 2013.44 – 4 June]

Following MIA representations on behalf of Members that this would seem to be above and beyond the legislative requirements, DIAC has sent us the following response:
This response explains the reasoning behind the 15 May 2013 update in PAM3: Sch2Visa187 – Regional Sponsored Migration Scheme under heading 30.2 which requires that certain AQF Certificate IV qualifications should also include two years of on-the-job training or, in the absence of this, two years of post-qualification work experience. The RSMS policy view is that this new measure does not go beyond what is required under Regulation 187.234(c).

(more…)

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