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Posted by on in General

Australia is slowly but surely waking up to the reality of “Asianization”. Some 84% of the population now accept that “multiculturalism is a good thing and benefitted Australia”. (Source: Scanlon Foundation Survey 2013).

The fear and resistance seen in the 1960s and 1970s with resurrections attempted by failed political parties of the recent past, seem to have all but faded as futile popularity exercises with only an occasional whimper emerging now and again in the form of the ‘big Australia’ question.

Dr Tim Soutphommasane, Australia’s Race Discrimination Commissioner writes that, “Debates about Asian immigration reflect a contest over Australian national identity. For some, immigration has meant a repudiation of Australia’s British cultural heritage — a rejection of all that was, in their eyes, traditionally Australian. For such people, Asia — to be more precise, immigration from Asia in significant numbers — was a source of cultural corruption or degradation.

“And yet, for all of its pungency, the rhetoric about multiculturalism’s imminent failure hasn’t been proven correct. Australian multiculturalism has endured. In last year’s Scanlon Foundation survey on social cohesion, 84 percent of respondents agreed that multiculturalism is a good thing and benefited Australia.”

According to the Commissioner, nearly 50 percent of our population were either born overseas or have a parent who was born overseas. It is estimated that close to 10 percent of the Australian population have Asian cultural origins or ancestry. Of the top 10 overseas birthplaces of Australians, five are countries in Asia: China, India, Vietnam, the Philippines and Malaysia. China and India now represent the two largest source countries for immigrants to Australia.

Of the 4 million people who speak a language other than English at home, close to 1.3 million speak an Asian language — including more than 650,000 who speak Chinese.

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Posted by on in General
This story has sparked my personal interest because I used to work for Liam Clifford (pictured above) at Global Visas, UK, before I became a Registered Migration Agent.
 
When I was 21 I moved to the UK and started working in various firms offering immigration advice for Australia, NZ, Canada, the USA and the UK.  I was not a registered agent at the time, and we really had no clue of the legislation.  In fact, during my early twenties my immigraton advice to clients was straight from the policy booklets, and even then, the Australian immigration booklets were not read properly.  The objective of being at work was to make sales.  The Director ruled by fear.  Fear of job loss.
 
When I worked for Global Visas in 2000/2001, I distinctly remember Liam (Director of Global Visas), turning up to work on a motorbike and coming in to the office with his bike helmet, hair messy, asking us to 'get on the phones'.  That meant 'make sales' and 'get deals'. 
 
I worked with some amazing people, but none of them were registered, and Global Visas was making bucketloads of money.  Clients would come from everywhere to the fancy Oxford Street, London address to pay unregistered agents like me, who knew nothing about Australian Immigration Law to make their new life dreams a reality.
 
One of my lasting memories from Global Visas is this.  I had been talking to a colleague and Liam came in with a fierce and angry look on his face.  He said the following:  'Liana, get on the f**ing phone and stop f****ing talking.  Do you know what your colleagues will think if they see you f***ing not working?  They will think they can do the same.  F***ing work will you!'. 
 
I was trained by a French man who used to listen in to my phone calls using an extension plug-in phone line.  He would assess my sales calls to the potential clients, and force me to cut down the length of my calls to become short, blunt, to the point and ask for money.  We were provided with scripts to follow and our primary focus was to close the sale as fast as possible.  Any questions were to be responded with 'that's why you pay us so that you don't need to worry about that' or words to that effect.
 
That should have been my wake-up call. But at that time I was too young and naive, and scared about my own immigration status to leave.
 
Three months later I left.  The place was a raging immigration sales factory full of people from all over the world selling visas for all different types of countries.  Much like the Wolf of Wall Street but the immigration version.   I was sponsored by the company as a 'Business Development Manager' at the time, on a UK work permit.  I had previously been sponsored  by two different but equally dodgy immigration companies. 
 
Let me tell you about those first two businesses.
 
The first company sponsored me because I had an Australian accent and was able to sell Australia as a great place to live.  That was First Point International Ltd.  The Directors of this company were struck off, the CEO was arrested in the USA for tax and immigration fraud by INS officials, and Inland Revenue UK were chasing them for unpaid taxes because their 'management company' was in Nassau, the Bahamas and they were not declaring the income.  I assisted the Immigration and Naturalization Service at the USA embassy at the time.  I worked with them and provided evidence and statements to assist them with the arrest of my own boss, David Morris Webster.  David was arrested at Orlando Airport and then ankle-tagged, and out on USA$1 million bail, unable to leave the State of Florida.
 
First Point International went into liquidation. I requested my personnel file from HR before I left the office and was horrifed to learn that my own UK work permit had been fraudulently obtained.  False references in the application about having worked at the First Point International Orlando Office were in the file.  At that point in my life I had never been to the mainland of the United States, let alone worked at First Point in the USA.   First Point International had applied for my work permit for me (I was never allowed to see the application) on the basis of an inter-company transfer from the USA to the UK.  Of course, I then went to the UK Home Office and regularised my immigration status by applying for and obtaining a work permit from company 2 (Visaplus).  That visa was short lived as that business was shonky too and went into liquidation.  That year, I held my second UK work permit for a grand total of  about three months, sponsored by Visaplus.
 
Visaplus was formed, by two shonky Directors who did not get struck off from First Point.    And there I was moving from one company to another, thinking, 'it's ok the next company won't be shonky'.   Below is a picture of Graham Copsey, one of my old bosses at Visaplus in the UK.  My distinct memories of him as a boss are of him sitting in his office looking through Russian Bride magazines and portfolios trying to choose himself a partner, shouting at us to put 'numbers on the board'.  There is one of the Russians behind him in the photo below, who I believe went on to become his wife.  I cannot tell for sure.
 
copsey.jpg
 
Finally, I was working at an Immigration Expo in the UK when I met Ivan Chait from Ashmore Brown and Chait in Australia.  Ivan asked me if I wanted a job in Australia.  We had a talk and I said that I was moving home.  It was only then that I learned about the concept of Registration as a migration agent.  I had worked all that time in the UK and had not ever known that there was such a thing as an RMA.   I came back to Australia, passed the exam with a score of 96% in 2001, Registered as an agent, and then worked for Ashmore Brown Chait, before setting up my own agency.  
 
That was my journey to where I am now. 
 
Today when I received an email from Alan Collett (copied below) I could not resist telling my story.  I know, first hand, why Unregistered Practice MUST BE STOPPED.  I have been on both sides of the fence and the other side is extremely ugly.
 
Here is the email from RMA, Alan Collett today:
 
 
Hi Liana.
 
Please see the attached.
 
When is the Department going to take steps to require registration of all agents who have dealings with it on behalf of clients, including those who are in business outside Australia?
 
Does the Department not recognise the harm this nonsense does to Australia's image and ability to attract skilled people and business owners?
 
Allowing unregistered agents to represent applicants surely also increases the risk to the integrity of the migration program - those with few ethics are allowed to act on behalf of clients, some of whom I am sure will be happy to instruct an agent who supports them in preparing and lodging dubious and questionable documentation, which the underresourced Department then has to administer/weed out. 
 
Feel able to publish on the MA website.   I'm going to take this to Senator Cash too.
 
Best regards.
 
Alan Collett
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Posted by on in General

NSW’s Deputy Premier, Andrew Stoner announced in Shenzhen over the weekend that NSW’s $5 million SIV requirements will change. Going forward there will be no need to invest 30% or $1.5m in NSW Government Waratah Bonds.

We will provide more details from the NSW government as they become available. In the interim it may be a good time to revisit your clients who are invested in Waratah Bonds. Also a good talking point for those clients looking at getting Victorian sponsorship because they did not like NSW’s 30% mandatory bond requirement.

Linked story: http://migrationalliance.com.au/immigration-daily-news/entry/2014-08-nsw-announces-5-mill-siv-will-change-no-30-investment-and-no-1-5-mil-in-waratah-bonds.html

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Posted by on in General

Despite the efforts of the DIBP Investigations Unit in the last 8 months to disrupt Eddie Kang’s business, Kang is still out there, free to deceive honest people out of their hard earned savings, threaten them, and in many cases ensure they become unlawful.

The damage to the integrity of the migration system by this one individual is immense and his business model has been used by others intent to cashing in on legal loop holes and the DIBP incapable or unwilling to stop them. The harm inflicted upon the victims is immeasurable.

The Sydney Morning Herald exposed the inadequacies of the DIBP in past operations to stop migration fraud and the DIBP claimed this is because it all happened these examples happened under the Labour government.

Sorry Mr. Morrison, that excuse doesn’t wash. The migration fraud is happening on your watch and by all accounts on a more sophisticated organised level designed to stump your investigators.

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Posted by on in General

This email was received by an individual today:

I have received a course credit from ANU for the final course of the Graduate Certificate in Australian Migration Law and Practice. This course is about office management, client files, trust accounts, etc, and includes a client interview (just like the PRC).

I have received the course credit on the basis of extensive prior fomal learning, as required by ANU's Credtit Policy. In order to receive the course credit, I had to provide evidence of having attained the learning outcomes and competencies of the course, including my knowledge and ability to conduct client interviews, a skill which I have acquired though my legal traineeship and honed through my pactice as a legal practitioner in Germany and Australia.
 
Before I had a chance to apply for registration as a migration agent, I received an unsolicited phone call and email from OMARA telling me that because of the course credit for the final course, I had not passed 'the prescribed examination', and that I would not receive a refund of the application fee ($1760) if I applied for registration and my application was rejected.
 
Under section 289A Migration Act, regulation 5 Migration Agents Regulations and IMMI 12/097, applicants who do not hold an Australian legal practicing cetificate must have
  • passed 'a prescibed course', which in turn requires applicants to complete the Graduate Certificate, and
  • passed 'a prescribed exam', which in turn requires applicants to satisfy the common assessment items of the Graduate Certificate.
The 4 univesities entrusted with the Graduate Certificate appear to have turned this into a requirement for applicants to pass an invigilated exam at the end of each course, even though there is no pescribed exam at the end of the final course.
 
OMARA appears to have made up a Notice of Approved Activities published on its websites. According to said Notice,
 
[f]or the puposes of Regulation 9G(3) and clause 7A of Schedule 1 of the Migration Agents Regulations (Regulations), activities identified in the attached Schedule are approved activities under Regulation 9E(1)(a) of the Regulations [...].
 
The Schedule attached to the Notice identifies the 4 courses of the Graduate Certificate as approved activities and distinguishes between mandatory and non-mandatory acivities. The  final course is purported to be a mandatory activity whereas the first 3 courses are purported to be non-mandatory.
 
Regulation 9E Migration Agents Regulations authorises the Minister to approve activities in relation to the continuing professional development of registered migration agents.
 
Regulation 9E Migration Agents Regulations pertains to the Minister's decision to approve activities of continuting professional development and enumerates aspects which he may take into account.
 
Clause 7A of Schedule 1 Migration Agents Regulations authorises the Minister to declare, by instrument in writing, that specified activities are mandatory for certain registered migration agents [...].
 
On the other hand, the initial education of migation agents is governed by section 289A Migration Act,
Regulation 5 Migration Agents Regulations and IMMI 12/097.
 
In my view, OMARA has, without legislative authority, pescribed the final course of the Graduate Certificate as a requirement for registration as a migration agent.
 
In my view, such a requirement it contrary to the law pertaining to the registration of migration agents which provides, for the sake of innovation, productivity and flexibity (which is also the purpose of ANU's Credit Policy), for the recognition of course credit granted to applicants (as an applicant must have satisfied, in no specific manner, and not have passed, the common assessment items).
 
OMARA apepars to take the same view when it purports the first 3 courses of the Graduate Certificate to be non-mandatory, suggesting that it would accept course credit granted in relation to these courses but not the final course. 
 
I have written to ANU, OMARA and the Minister about this. I have ask the CEO of OMARA to instruct his officers that there is no requirement for me to have passed 'the prescribed examination'. In response, Mr Ingram has advised me that I appeared unlikely to meet the requirements of 'the prescribed course', that is, the Graduate Certificate, which I must have completed, and which I have completed.
 
With a view to OMARA's anticipated assessment of my application, I have requested a clear and unambiguous statement from Mr Ingram which I am yet to receive.
 
I thought it would be useful for the Migration Alliance to know about this should there be any further applicants for registration as a migration agent in my situation out there. Feel free to use the essence of my email, if you agree with my view of the law, but please do not disclose any personal details.
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