The Federal Court recently ruled that the Administrative Appeals Tribunal failed to observe procedural fairness “by relying on other materials in its decision without giving notice of those materials to the appellant”.

Accordingly the the court allowed the appeal and ordered that the matter be remitted back to the AAT. In the matter a man who was convicted of manslaughter had his visa cancelled by DIBP on character grounds with the AAT subsequently confirming DIBPs decision.

In considering the appeal, the Court rejected an argument by DIBP that it was futile to remit the matter to the AAT because it was likely that the tribunal would arrive at the same decision.

Fijian national Amitesh Jagroop, 32, killed his wife, Nileshni Singh, on the night of her 19th birthday in June 2006 following a heated argument during which he pushed her causing her to fall and hit her head. Jagroop then chose not to call for help, but instead dragged her down an embankment where he left her to die.

Jagroop pleaded guilty to manslaughter in the Supreme Court and was jailed for 10 years but reduced on appeal. He was released on parole in 2011 and his visa was cancelled last year. But he has been fighting for more than 18 months to appeal the decision. This week a full bench of the Federal Court ordered the matter return to the Administrative Appeal Tribunal for rehearing.

Are the universities luring students to Australia on false hopes? Despite there being little chance of finding a job after graduation, the high cost of the degree and the very real probability that the occupation may be taken off the skills occupation list, Accounting remains popular among international students, reports The Australian Financial Review.

In 2013, overseas accounting ­students made up the second-largest group of enrolled international ­students at both the undergraduate and post-graduate level, behind only business and management en­rollees, reports the AFR.

At the undergraduate level, ­international accounting students made up about 55 per cent of the more than 25,400 enrolled students, a ­percentage that is down from a peak of 64 per cent in 2011.

At postgraduate levels a 40 per cent jump in new overseas accounting students in 2013 was the sole driving force in the critical tertiary accounting education market, as local students continued to shun the field.

International students now ­dominate accounting courses, making up a record 79 per cent of the 17,600 enrolled postgraduate students in 2013, according to data from the federal Department of Education.

The DIBP’s blog has issued a reminder to students that DIBP takes any breach of work rights conditions on students’ visas seriously and suggests that even working over 5hours amounts to a breach that can lead to a cancellation of the student visa.

The purpose of the work conditions offered as part of a student visa is to provide an opportunity for international students to gain cultural experience during their stay in Australia, and help students improve their English language skills, notes the DIBP. 

“However it is important to recognise that international students should not rely on work in Australia to pay for the costs of their studies and living expenses,” the statement notes.

Most international students are restricted to a maximum of 40 hours work per fortnight while their course is in session and may only work unlimited hours during scheduled course breaks. These conditions protect students from the pressures of excessive work commitments which might mean that they are unable to finish their course successfully.

DIBP provided the following examples on how work conditions on a student visa operate:

Sydney TAFE has been under investigation for alleged fraud in its use of millions of dollars from a training program for students on 457 visas, reports The Sydney Morning Herald.

According to the report, “Sydney Institute of TAFE generated $3.3 million last year from migration agents who were paid $380,000 in commissions for recruiting students on 457 visas.”

“A NSW Department of Education officer alleges money received under the visa program – which is meant to be spent on training for Australians and permanent residents through student scholarships – is being spent for other purposes including the payment of commissions to migration agents“ the report states.

Migration Alliance is of the view that a full audit of Training Benchmark A should be undertaken by the DIBP or some other body to ensure that the funds are spent properly and not left sitting in accounts or even worse being improperly misdirected.

In addition to this, the Migration Alliance notes that recently, the Victorian Training Market Half Year Report revealed that some TAFEs were at financial risk. Migration Alliance wrote to Senator Michaelia Cash, Assistant Minister, DIBP and Kim Vance, Director, Program Delivery DIBP with these facts and the concern that employers are being encouraged to send funds to institutions that may be at financial risk.

DIBP has announced that it is undertaking a major review of the skilled migration and temporary activity visa programmes with most visa subclasses across the skilled migration and temporary activity visa programmes to be reviewed.

“In the current climate of globalisation, it is imperative for Australia’s long term prosperity to maintain a competitive advantage in identifying, attracting and retaining overseas skilled workers. The Australian Government has therefore placed great importance on the need for a clearer, deregulated skilled migration visa framework that will help shape and define Australia’s economic future,” states DIBP.

The cornerstones of the current system are expected to be reviewed via a comparative analysis of global migration systems and domestic needs.

DIBP suggests that the following, among other aspects of the current system, will be considered:

• the skills list available for migration will be reviewed and may be broadened by prescribing an occupation list that ‘excludes occupations available for migration to Australia’;
• the ANZSCO classification will be reconsidered;
• Skill standards will be aligned to industry needs whereby the industry decides on the skill standards;
• the points system and Skillselect will be reviewed to see if  they are the most suitable mechanism to manage skilled migration;
• the age threshold for certain occupations may be increased from 50 years;
• Migrants allowed in on lower English language proficiency may be required to show an improving standard over time.

The review invites members of the public to make submissions in line with the themes outlined in the discussion paper.  All submissions must be received by us no later than 5pm AEDT, 17 October 2014.