Australian Immigration Daily News

Brendan Darcy, the outgoing Convenor of Migration Alliance has asked me to post up this report:

At the Annual General Meeting of the Migration Alliance, I announced that I would not be forwarding my name as its convenor.

As of the first month of 2014, I will be taking up a senior role in the new Federal Government. It will be a fantastic opportunity to contribute to the policy and program development and implementation in the Social Services portfolio.  The position necessarily requires that I unwind my migration practice and my advocacy role on behalf of Migration Alliance.

I have enjoyed the privilege of convening the Migration Alliance since May 2013. My short but eventful tenure occurred during a great deal of change for Migration Agents.

Not least among changes were the change of government and some key legislative changes.  Migration Alliance ran a very vigorous campaign to oppose the then Government’s changes for 457 visas  - the single largest visa category. Despite the change of government, red tape affecting Australian businesses, education providers and families poses a serious challenge to the efficiency of our world-class visa system.

I do not believe Migration Agents are yet treated as the valued partners they should be with the Department. Nevertheless the profession is heading in the right direction.

The reversal of the English language testing for long-standing and highly reputable Migration Agents is a notable triumph for the professional, testimony to the Alliance’s effectiveness and a personal victory for Liana Allan whose vigilance in this matter was breathe-taking.

The Migration Alliance is now standing as the undisputed leader in advocating for meaningful reform to the migration law and practice. It has the ear of government and it should audibly whispering the positive and constructive solutions its seeks.

I am confident it will play this role into the New Year and beyond.

My specific gratitude goes to Christopher Levingston, Holly Byrne and Liana Allan.

Adieu. 

Brendan Darcy

Court finds that oral notification to DIBP to vary the RMAs preferred method of communications is sufficient.

The recent Federal Court’s decision suggests that no further written notification to DIBP is required to vary original written notice to DIBP. Oral notice is sufficient, provided all the correct communication information (i.e. email, fax and/or address) had been properly provided to DIBP previously.

Briefly, in that case, the applicant’s visa refusal decision was sent by the DIBP Case Officer (CO) to the RMAs postal address whilst the RMA was overseas. The RMA was unaware of this notice. By the time the RMA returned from overseas, the timeframe for lodging an appeal to the Tribunal had expired. After a series of failed appeals the applicant took the matter to the Federal Court.

Migration Alliance has been asked to assist the tribunals by identifying Migration Agents suitable to participate in User Acceptance Testing (UAT) of the online lodgement system.

Migration Alliance has been asked to assist the Tribunals by identifying five (5) Migration Alliance member Migration Agents to assist with UAT? Ideally the MRT-RRT would like Migration Agents who represent a diverse range of clients across the following visa classes:

o   Skilled migration - Onshore / Offshore (only where applicants are sponsored for a regional area)

o   Student visas - Onshore only

o   Business visas – Onshore / Offshore

o   Family visas – Onshore only (for Parent, Child and partner cases)

o   Detention cases  - usually Bridging Visa E refusals/cancellations and time limited

o   Protection visa cases – Onshore and UMAs

Please note, this first stage of the project is primarily focused around the lodgement of applications.  Further stages are in development where additional functionality will be delivered.  While any feedback relating to desirable functionality is most welcome, the primary objective of this stage is the lodgement of applications.

Migration Agent UAT is tentatively scheduled for the week beginning 13 January 2014. The tribunals will need the contact details of Migration Agents chosen for UAT. Testers will be given a testing spread sheet which they may use to record their findings. We would also appreciate any screenshots which may assist in explaining their feedback.  Due to the project schedule, the link provided to Testers will only be available for a one week window.  Dates will be confirmed in the near future.

If you would like to participate in the UAT as a MA member RMA and are available during the dates mantioned above please email This email address is being protected from spambots. You need JavaScript enabled to view it. with your name and details of the visa subclasses you cover from the above list.

On 6 December the MIA sent to its members the following:

Pockets of the resources industry are expected to grow and continue to source overseas labour.

23/12/2013

A NEW REPORT from Australian Workforce and Productivity Agency (AWPA) indicates that while a plunge in jobs is expected in the resources construction industry,  there are however new jobs expected to emerge in other pockets of the resources industry outside of resources construction.

AWPA says that jobs in the oil and gas industry is likely to jump by nearly two thirds from just under 39,000 workers in 2013 to 61,212 in 2018. It also predicts employment in mining production to rise by about 7 per cent from 236,690 workers in 2013 to 254,260 in 2018 as the export phase of the resources boom takes over.