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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

Morrison looking to cancel visas for ANY criminal conviction.

Led into the discussion with suggestions by 3AW Radio’s Neil Mitchell, that an Afghan man who was convicted and given a two-year community corrections order and 300 hours’ unpaid community work should be deported, Immigration Minister Scott Morrison has reignited the prospects that a visa may be cancelled on character grounds for ANY criminal conviction.

The Minister for immigration was responding to 3AW Radio’s Neil Mitchell’s assertions that the Afghan man “is not the sort of person we want in the country". The radio host asked,"Can this man be deported?”. Morrison said. “The current provisions of that Act though don't fill me with all the confidence that I suspect the community would like…” and that he is “working…to bring forward a package of measures that ensure that those provisions can provide the community with the confidence it should have.” The Minister went on to revive the Coalition’s view that the character test “should go further and it should apply to anyone who is on a visa”.

Currently, under the Act if there is a criminal conviction that carries a custodial sentence of 12 months or more then the visa can be cancelled. But when there is no custodial sentence, cancellation is subject to discretion and hence debate. Morrison says he is reviewing the character test to make it more stringent.

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Australia and Poland sign agreement for work and play

Tuesday, 01 April 2014

Young people from Australia and Poland will soon be able to work and holiday in each other's countries, with the signing of a reciprocal work and holiday visa arrangement, Assistant Minister for Immigration and Border Protection, Senator the Hon Michaelia Cash said today.

Minister Cash said the agreement, which was signed during a ceremony in Warsaw over the weekend by the Minister for Foreign Affairs, the Hon Julie Bishop MP, demonstrates the close and positive relationship between our two countries.

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An FOI request from Migration Alliance’s (MA) Liana Allan has revealed that staff at the Office of the Migration Agents Registration Authority (OMARA) last about 20 months on the job. The documents provide no reasons for this short tenure of the staff, who come from the public service and the Department of Immigration and Border Protection (DIBP), but reveal that OMARA has a top-heavy structure, and that a third of its’ staff last about a year on the job.

Any commercial operation would be deeply concerned over high staff turnover given that the time, effort and costs of recruitment and training can potentially derail an organisation from the effective provision of its services and achievement of its objectives.

The FOI responses provided to MA were in the form of answers to questions from Labour Senator Mark Furner on the make-up and tenure of officers at the OMARA.

OMARA’s responses revealed the average length of tenure of its employees is 1.8 years and that 39 staff members left the organisation in the last 5 years with some 28 leaving within 3 years of service. OMARA employs about 38 people.

The FOI responses also had OMARA admitting that most of its current staff come from the public service, particularly DIBP, - with only about a third of OMARA staff coming from the private sector. According to OMARA’s report to Senator Furner: “Approximately 33% of current staff came from the private sector, 36% from DIAC, 18% from other government agencies, and 13% from the former MARA.”

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After losing faith in the ability of the authorities to deal with Radovan Laski, a group of Indian students launched legal cases in Victorian courts to recoup tens of thousands of dollars from him.

The Sydney Morning Herald reports that Mr Radovan Laski may have, “reaped $4 million by convincing up to 100 Indians to hand over up to $40,000 after promising to help them get a 187 visa, which allows a skilled worker to get permanent residency if they are sponsored by a regional employer.”

But Mr Laski failed to find many of the workers the promised jobs and sponsorship. Some of the overseas workers allegedly duped by Mr Laski were promised jobs in skilled working environments but ended up being sent to work in regional abattoirs.

It is reported that Federal police and immigration department officials have now raided the offices of the alleged ringleader of a long-running migration and education racket that exploited dozens of overseas students and workers.

“Police are investigating Radovan Laski and his network of associates - including a former senior Immigration Department official - after they allegedly duped the students and workers into paying up to $40,000 after being falsely promised Australian residency or working visas” says the report

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Public opinion on Morrison’s axing of the IAAAs funding scheme seems to support the Minister’s decision despite criticism from refugee advocates, according to some opinions posted on the ABC online website. However, the public support is not for reasons stated by Morrison, but rather, the call is for lawyers and agents alike to step-up and offer pro-bono services to people in need.

The Migration Alliance believes that professional advice must be made accessible to all regardless of their ability to afford such services. The MA accepts that it is part of an RMAs moral and professional responsibility to assist those in the community who are unable to obtain legal aid or otherwise afford professional migration advice. The axing of the IAAS funding makes this all the more important.

One of the best ways of encouraging pro bono work is to recognise it. For this reason, the Migration Alliance applied for and has been approved as an Authorised Voluntary Organisation for the purposes of CPD. This is to encourage MA members to provide pro bono services and get due recognition for the time members spend on providing these services."

Under the arrangements with the office of the MARA, MA members are eligible to claim 1 migration CPD point for every 3 hours of Pro Bono work. In the next few weeks Migration Alliance will be launching its first Immigration Clinic in Auburn, NSW at the Auburn Community Centre. Details will be announced soon. RMAs are encouraged to register for this event by contacting us on This email address is being protected from spambots. You need JavaScript enabled to view it. . The MA is investigating ways it can expand on its pro bono services and invites suggestion from members.

The migration advisory industry is a high-profile industry largely due to the critical role immigration plays, at any level, to swing votes. However, the MA believes it is important that the most vulnerable people are assisted and have access to professional migration advice, regardless of which way the political pendulum on the matter swings.

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