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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 migration advisory industry has taken a terrible hit with the allegations of widespread fraud in Australia’s immigration system. Unfortunately, professional migration advisors have been "tarred with the same brush as unregistered agents and education agents and the word 'agent' has become synonymous with dodgy". Perhaps, the time has come to consider a name change?

Fairfax journalists have claimed that leaked documents from the department of immigration allegedly show that ‘migration agents’  perpetrate the fraud. Such sweeping statements thoughtlessly and unfortunately tarnish the reputation of thousands of professionals practicing ethically in a highly regulated industry.

“Migration Alliance is sick of seeing news about 'agents' in the press.  We are sick of being tarred with the same brush as unregistered agents and education agents and the word 'agent' has become synonymous with dodgy.  I am thinking of re-naming our members Registered Migration Practitioners (RMP). Hopefully this will go some way to distinguish registered practitioners and lift the type of work we do“ says Liana Allan.

The word “Agent” is a simple generic term to indicate a person who is authorised to act on behalf of another. There is no element of professionalism in that definition. Whereas, the word “Practitioner” is generally accepted to mean a person engaged in a discipline or profession and is expected to exercise skill and due care gained from prior learning and experience in the execution of their work. It is no wonder that legal and medical professions use the terms Legal Practitioners and Medical Practitioners, respectively as opposed to Legal Agent or Medical Agent.

Is it time for RMAs to distinguish themselves from unregistered agents and be renamed RMPs? Please share your views.

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Posted by on in General

Australia’s Immigration Department is in crisis, according to a Fairfax report. The report claims that their investigative journalists have uncovered internal DIBP documents showing that DIBP has lost control of the immigration process and that over half of the General Skilled Migration applications are associated with some form of fraud.

Hundreds of pages of internal government documents obtained by Fairfax media apparently lay bare a system festering with visa fraud, migration crime and an impotent enforcement capacity, says a Fairfax media report.

There are allegations apparently in the leaked DIBP documents that over half of the General Skilled migration applications had some form of fraud linked to them and were labelled ‘non-genuine’.

The report alleges that ‘migration agents’ perpetrate the fraud. There are claims that some migration representatives purchased false work records for applicants. One of the allegedly leaked documents states:

“Based on testimony from applicants and informants, the street value of a fraudulent work reference ranges from between $4000-$10000, generally paid in cash.”

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Senator George Brandis QC, infamous for proclaiming that people had the ‘‘right to be a bigot’’ in his drive to wind back section 18C of the Racial Discrimination Act has been “rolled” and “humiliated” according to Opposition Leader Bill Shorten after the Coalition’s “embarrassing backdown” on the the controversial bill.

Before last year’s election, the Coalition had promised to repeal section 18C, which became known as the "Bolt laws" after News Corp columnist Andrew Bolt was prosecuted under the existing legislation for two comment piece on white-skinned Aboriginals.

Section 18C of the Racial Discrimination Act makes it unlawful to: "offend, insult, humiliate or intimidate another person or a group of people" because of their race or ethnicity".

Senator Brandis', (the Attorney-General) draft bill proposed a new section that would make it: "unlawful for a person to do an act ... that is reasonably likely to vilify another person or a group of persons or intimidate another person or group of persons".

The proposed law would have removed protections against offending, insulting or humiliating someone.

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The Fair Work Ombudsman on Monday revealed it has begun a national review of the 417 visa, which many young people use to work on holidays for up to two years. Ombudsman Natalie James said the review would examine "anomalies" in the system in specific regions where lots of workers take temporary jobs.

It is estimated there are more than one million foreigners with work rights — or 10 per cent of the national workforce — on temporary visas.

FWO Ombudsman, Natalie James said trends showed the number of overseas workers could rise to between 2.5 million and 3.5 million over the next five years, with an expected increase in vulnerable workers seeking help for job issues.

According to the FWO media statement, among the issues the review will focus on were collecting government data to investigate businesses "most commonly" helping workers get the second-year extension, and talking directly to employees.

According to the report, in the past two financial years, the FWO has received about 2000 requests for help from workers on the 417 visas, or one-third of all requests from visa holders.

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The Australian Human Rights Commission president, Professor Gillian Triggs has told the ABC's 7.30 Report that Immigration Minister Scott Morrison's claim that children in detention received daily care was not true and he needed to be "better advised" on what is happening in detention centres. Professor Triggs said there was evidence detained children had tried to poison themselves, despite Mr Morrison's statement the assertions were "sensational".

The third hearing of the commission's inquiry into children in detention last Thursday was told the Immigration Department had advised the independent health provider on Christmas Island not to publish a report that showed alarming rates of mental health issues among child detainees, according to the ABC.

Professor Triggs said there was also evidence children had swallowed detergents or other poisons, put plastic bags over their heads, cut themselves and used the hijab to try to hang themselves.

"The head-banging is very common," she told the ABC's 7:30 program.

She said Mr Morrison needed better advice if he doubted the evidence.

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