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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

There are suggestions that the increased costs in Visa Application Charges (VAC) are forcing partner visa applicants to attempt what can be a complicated application process without any professional assistance. This, according to Robyn Oyeniyi is leading to a greater number of partner visa refusals.

"I have heard it said many applications prepared by the couple without professional guidance/assistance are manifestly inadequate and lead to refusals. This alone is often why a later professionally prepared appeal is successful.” says Robyn Oyeniyi, a prominent human rights campaigner and author of the book, Love versus Goliath.

“Perhaps the increase in refusals is due to an increase in couples preparing their own applications and I suggest this may well be driven by the increase in Partner Visa Fees.

Couples struggling to meet the budget …may well decide to do their application themselves to save the professional fees. Of course, this becomes self-defeating as then they are left with the additional costs of an appeal process,” she notes in her blog.

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Posted by on in General

The ABC has reported that calls have emerged to allow students, to defer their studies under exceptional circumstance like personal injury in order that they are allowed to recuperate in Australia and subsequently return to their studies. Currently only Ministerial intervention can save visa holders in such circumstances unless the schools allow for such deferments which however tends to be limited to one or two semesters. With serious injuries, this is not enough.

“We are talking about things like motorcar accidents; there's no laws in place to enable an applicant to defer for a long time, not even the policy allows for that. So often you get international students having their visas cancelled because they've been involved in car accidents, they've been injured or where they've been victims of crime,” said immigration lawyer, Michael Clothier in an interview with the ABC.

"Everything associated with those sorts of problems has to go all the way to the Minister, for ministerial intervention because the migration regulations do not make the sort of allowances that need to be made."

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The Migration Alliance has made submissions to the Productivity Commission’s inquiry into childcare and called for the introduction of a Live-in Carer visa, similar to the one offered in Canada.  MA's survey of members found overwhelming support for the introduction of a visa that would allow appropriately trained family-members into Australia to help care for young-children.

Any parent would know the ability to juggle those few hours before and after child-care/kindergarten drop-off and pick-up can make the difference between a parent staying home and going to work.

Help just in this area alone will free parents from a lot of stresses including the decision on whether to return to work, dealing with their employer on that matter of work/family responsibilities, running late from work, etc. And of course, the children will benefit from not being rushed about by potentially highly strung parents. A trained carers professional guidance and support will surely assist in a child’s development, and perhaps that of new parents as well.

Recently, the Australian Government asked the Productivity Commission to undertake a public inquiry into future options for childcare and early childhood learning, with a focus on developing a system that supports workforce participation and addresses children's learning and development needs.

‘Workforce participation’ and ‘child-development’ were key terms of reference in the Productivity Commissions call for submissions.

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An RMA recently was refused an agent contract with the James Cook University (JCU) primarily due to the RMA's ‘focus on the Indian market’. The Migration Alliance wrote to the JCU for an explanation but they have avoided answering some key questions. The Migration Alliance would like feedback from other RMAs on this matter in order to properly consider further action if needed.

"After discussion with the agent review panel we have decided not to offer [the agency] an agent contract. This is primarily due to your focus on the Indian market, a market we are not looking to expand upon."

These were the words used in a letter from the JCU to an RMA recently when refusing the RMA's application for an agent contract with the JCU.

To help clarify the issue, the Migration Alliance requested that JCU address the concern as to how such a stated policy is not discriminatory.

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Assistant Immigration Minister Michaelia Cash is set to announce an inquiry into the sc457 visa scheme,  with a pledge to ensure the integrity of the program while scrapping any unnecessary red tape that holds business back, reports the Australian.

According to DIBP statistics, the number of 457 visa applications lodged in the year to December 31 fell 37.9 per cent to 23,420 compared to the previous year. Analysts put it largely to the previous government’s election tactics which tightened rules in order to appease union complaints about the scheme, which allows employers to bring in temporary workers from overseas.

The Australian however reports, “Employers will gain a new chance to scale back Labor's controversial limits on skilled worker visas when the Abbott government moves today to reignite a political row over the 457 visa program.”

The government is expected to name an expert panel to investigate competing claims that the 457 visa program is beset by rorts that punish workers and rules that hobble employers.

The report states that leading the review will be Australian National University professor Peter McDonald, Australian Chamber of Commerce and Industry policy director Jenny Lambert, Deloitte Touche Tohmatsu partner John Azarias and immigration lawyer Katie Malyon. The terms of reference to be issued today highlight the importance of the program to employers that experience skill shortages and the potential of the workers to boost the economy.

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