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Jerry-Gomez

Jerry-Gomez

Jerry Gomez is the Editor at Migration Alliance as well as an experienced RMA (MARN 0854080) and Lawyer practicing in Immigration Law, Business Law and Property Law.

Posted by on in General

The AFR report which sent shock waves amongst overseas accounting students in particular has forced DIBP to come out and categorically declare that Accounting will remain on the skills list. If it wasn’t for the AFR article which declared that DIBP had dropped accounting from the list, the question of the tenability of the occupation as a migration pathway would have remained fodder for the rumour mill.

The Australian Financial Review is perhaps one of Australia's most prestigious and respected newspapers with incisive reports grounded on credible sources - most of the time, at least. It remains unclear what went wrong in its story earlier this week that Accounting has been dropped from the skills list. The paper has now removed the story, and replaced it with an article entitled, ‘Accounting to remain on skilled migration list”. No explanation was provided for the earlier article, the reason for its publication and subsequent removal.

The articled however has forced the government, which has been reticent on the issue despite constant talk in the industry of the tenability of the occupation remaining on the list to finally deliver a strong statement as follows:

“Some of our blog readers may have seen today’s Australian Financial Review, which has incorrectly reported that the department has dropped accounting from its list of skilled occupations in demand for 2015.

“There are no plans to remove this occupation from the Skilled Occupation List (SOL) for the 2015 programme year. The Office of the Chief Economist in the Department of Industry conducts analysis each year on the composition of the SOL. The next advice is expected in March 2015 after the completion of extensive labour market analysis and a public consultation process.

“This year, the Australian Workforce and Productivity Agency (whose functions have been incorporated into the Department of Industry) released a detailed analysis of accountants and concluded that they should continue to be included on the SOL.”

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The Department of Immigration has dropped accounting from its list of skilled occupations in demand for 2015, according to a report in the Australian Financial Review.

The report states that while it is unclear if other professions have been taken off or added to the government’s 2015 skilled occu‎pation list, the decision to drop accounting has stunned the major accounting bodies.

"Chartered Accountants and CPA have lobbied the government hard to keep it on the list, maintaining there is a shortage of accountants.The pair planned to present a joint submission to this affect to officials at the Department of Immigration and Citizenship on Friday." states the report

The Australian Financial Review has written a series of articles on the diminishing job outcomes for accounting graduates over the last eight months.

Deakin University published a study last month shedding light on the plight of international students - a crucial cash cow for universities - ‎when it came to securing professional work.

Of all the professions on DIBP’s list of skilled occupations in demand, accounting is one of those used most frequently by foreigners seeking a 485 temporary visa, granting them work rights in Australia for up to 18 months.

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From 23 November 2014, employers can expect to be allowed to hire foreign workers on Temporary Work (Short Stay) Subclass 400 visas for up to six months at a time. This is double the current limit of three months. However the catch that remains to be explained is under what circumstances will the DIBP actually grant the full term permitted by the new rules.

The changes aim to offer employers greater flexibility in employing temporary foreign workers who have to come Australia to perform specific skilled tasks including fulfilling contractual obligations. In addition to lengthening the duration of subclass 400 visas, the legislation also increases the period of time that the visa is valid before entry. Under the new rules it is expected that a subclass 400 visa holder may enter Australia six months from the date the visa is granted, as opposed to three months under current rules.

However, what remains unclear is under what circumstances foreigners will become eligible for the full 6 months. Currently the employers need to demonstrate ‘exceptional circumstance’ in order to be granted the full term, otherwise the default grant is only about 6 weeks. In addition the ‘adjudication’ standards may vary from country to country given that these visas are generally considered by overseas consuls.

The SC400 visa is for employers requiring foreign workers to travel to Australia to do short-term, highly specialised, non-ongoing work; participate in non-ongoing cultural or social activities at the invitation of an Australian organisation; or in limited circumstances, participate in an activity or work relating to Australia’s interests.

Generally, to be eligible, these worker need to have specialised skills, knowledge or experience that can assist Australian business; or have been invited to participate in an event by an organisation in Australia; or are required in Australia for exceptional circumstances of national importance, such as to assist following a natural disaster.

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Malcolm Fraser, former prime minister of Australia and Dr Barry Jones, a former minister for science in the Hawke government have launched a scathing attack on the The Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Bill saying that “it would effectively enshrine in law the mistreatment of asylum seekers and refugees who flee to our country to escape persecution, torture and death.”

The legislation is the perverse creation of a Government prepared to tear up the rule of law for its own political ends, say the authors.

"It bestows an unprecedented level of power on the immigration minister to make life and death decisions about individual refugee cases. It creates a regime where the chance of sending people back to a situation of grave danger, or even death, is a real possibility” say the authors in an article in The Age, today.

Some the major concerns raised over the Bill include the following:

  • It denies permanent protection to those found to be refugees, simply because of their mode of arrival to this country. 
  • Babies born on Australian soil to parents who arrived by boat will be denied protection, rendered stateless and detained offshore until being "resettled" in squalor and risk of attack on Nauru.
  • Under the Bill if it's considered that a refugee can simply "modify their behaviour" to avoid persecution or harm at home, then they'll be sent back.
  • Refugees cases may be knocked back because they have false or no travel documents.
  • People receiving a negative decision through the fast-track process will be at the mercy of the minister to decide if their case is deserving of review.
  • In its determination to send people back at all costs, the government also wants to remove consideration of whether someone is at risk of torture when seeking to return them home.
  • As well as circumventing Australian law, the bill also seeks to put the government above international maritime law, so it can send people on boats back to the country they're fleeing from, without any court oversight.
  • The reintroduction of temporary protection visas (TPVs) means that refugees have to prove and re-prove they are refugees.

The authors state that the Bill feeds fear to the electorate, which the opposition feels obliged to support, in a context of a beat-up of Olympian proportions. The numbers of refugees heading for Australia are trivial compared to those travelling to many European countries. They don't overreact. We do.

“There are moments in history which are turning points. Now is such a time. Australia can stand up and protect the rule of law or become an international pariah, living isolated at the end of the world, forever in fear of others.”

Malcolm Fraser, is a former prime minister of Australia 1975-1983. Dr Barry Jones, is a former minister for science in the Hawke government 1983-1990.

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Investment into Australia via the significant investor visa program (SIV) has hit $2.18 billion dollars with investors now showing a clear preference for Victoria and the real estate market, according to report in the Herald Sun.

Victoria is the place to be as far as the wealthy Chinese investors are concerned. The state has seen the greatest influx of wealthy Chinese investors looking to fast-track residential visas by spending more than $2.1 billion on property investment, business and shares in the past two years, says the report.

“At least 436 high-wealth Chinese, and a sprinkling of Hong Kong, South African, Japanese and Malay individuals promising to invest at least $5 million each in the Australian economy have secured residential visas under the new Significant Investment Visa program.”

More than half — 221 — now call Victoria home and the State Government has issued invitations to another 825 rich individuals to invest here.

Wealthy foreigners looking to move to Australia immediately, and be eligible for permanent visas after four years, can invest in real estate managed funds, bonds or Aust­ralian companies.

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