Senate Estimates

On Monday, 23 February 2015 the tribunals' Executive and I attended Senate Estimates and appeared before the Senate Standing Committee on Legal and Constitution Affairs. I provided the committee with an update on matters of significance since our last appearance in October 2014, including a caseload update and an indicator of this year’s caseload strategy. The tribunals were questioned on the current caseload, in particular those related to unauthorised maritime arrivals, processing times and improvements and efficiencies implemented by the tribunals.  Read more>

Caseload report to 28 February 2015

Perhaps the most important advice to agents in 2015 about OMARA's 'random audits' can be found in the words recently posted by Immigration Lawyer, Ray Turner:

Xu Jiayin, one of China’s richest men, was ordered to sell his Point Piper mansion within 90 days because it was purchased without approval of the Foreign Investment Review Board, according to a report in The Australian.

This is the first time since 2006 a treasurer has used FIRB rules to enforce a sale of foreign-owned residential property, according to the report.

The Treasury says that several properties are being investigated with the Treasure's office now being inundated with phone calls raising concerns about other unlawful purchases. A treasury spokesmen however denies a ‘witch-hunt’ is on.

“We definitely don’t want to create an atmosphere of xenophobia or anything else. We actually just want to be in a position where we maintain, preserve, and enhance the integrity of the foreign investment regime,” he said.

Real estate agents predict that the forced sale could result in a loss of up to 20 per cent of the property value for Mr Xu. Lawyers are warning that people not properly qualified or insured to advise foreign investors for such large investments are leading them in troubled waters.

Prices of luxury homes in Sydney spiked by 11 percent last year with no signs of it settling down as foreign interest in luxury properties not only from China but also Indonesia, Mexico, Turkey and Nigeria rise. ‘Ultra-high net worth individuals’ from these countries are apparently on the hunt for luxury international properties.

If it is ok for the Office of the MARA to issue 'warnings' about agents on their website then it is ok for MA to issue warnings to case officers on ours.  The following is a complaint about Lorraine Sullivan which has been sent to the DIBP by a RMA:

I’m a registered migration agent (MARN: 00000000) [number removed for privacy reasons]

On 8 March 2015, my client Mr. XXXX Zhou’s student was cancelled by the Department at the Sydney Airport before he was immigration cleared. I was notified of Mr. Zhou’s situation that night by a friend of his. I rang the Department’s airport office on 02 83378524 at around 9:51 pm and spoke to a male officer (name unknown to me), who advised me to email a copy of Form 956 to his office before I could obtain information about Mr. Zhou from the office. The Form 956 would be forwarded to Mr. Zhou to sign at the Villawood Immigration Detention Facility (VIDF). I emailed the Form to This email address is being protected from spambots. You need JavaScript enabled to view it. at around 11:11 pm pursuant to the officer’s instruction.

 The following statement has been released by Sydney TAFE today:

“As an approved scholarship fund provider, Sydney TAFE is still approved to accept contributions for 457 Visa contribution fund A. Please be advised that in relation to commission payments, we do not use 457 funds for this purpose.   All contributions received from 457 Visa contributions go towards training and scholarship programs for Australian and permanent residents.”

Robert Cousins - Associate Director Student Learning and Facilities