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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 weaknesses in ‘almost all aspects of the immigration department’s arrangements for managing visa holders’ compliance with their visa conditions, an independent performance audit has found.

These weaknesses undermine the department’s capacity to effectively manage the risk of visa holders not complying with their visa conditions—from simple overstaying through illegal working to committing serious crimes, notes the report from the Australian National Audit Office.

Over 7.5 million Australian visas were granted in 2014–15. However, while the department of immigration had some idea of how many people overstayed, it did not have ‘comprehensive information about the nature and extent of visa holders’ non-compliance with their visa conditions’, states the report.

It is estimated that about 15,550 people were overstaying their visas by between five and 15 years and 17,370 were overstaying by 15 years or more, out of a total of 61,980 over stayers in 2015. The report noted there were over 27.000 calls to the department of immigration’s Dob-In-Line but almost 30% were abandoned before being answered. The ANAO recommended improvements in the service level standards.

The objective of the audit was to assess the effectiveness of the Department of Immigration and Border Protection’s management of compliance with visa conditions.

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New Zealanders held in immigration detention centres pending deportation from Australia are being asked to sign forms that give away their guaranteed right to an appeal when they choose to return home, according to a report on Radio New Zealand (RNZ).

The form these Kiwis are given to sign states, “If I have outstanding visa applications, requests or legal proceedings, I understand that if I choose not to withdraw them, consideration of my claims by the department or relevant review bodies (including the courts) may be discontinued once I am removed from Australia.”

Greg Barns of the Australian Lawyers' Alliance said the document left New Zealanders at the mercy of Australia's Immigration Department.

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A Melbourne service station has been ordered to pay fines of over $92,000 for underpaying 2 Indian workers some $111,000 as well as breaching pay-slip and record-keeping obligations.

Two console operators at the BP service station on Clyde Road at Berwick were paid as little as $10 an hour for over 4 years while they were holding temporary visas. From the statement released by the Fair Work Ombudsman, it seems that they started proceedings via the Ombudsman after they were granted permanent residence.

Following legal action by the Fair Work Ombudsman, service station operator Liquid Fuel Pty Ltd was fined $79,537 by the Federal Circuit Court. Husband-and-wife managers Xin Zhang and Linda Qu have also each been fined $4504 and a penalty of $3861 imposed against company director Nian Li, who is Ms Qu’s father.

Fair Work Ombudsman Natalie James says a decision was made to commence legal action because of the blatant nature of the underpayments and the involvement of vulnerable overseas workers.

According to the FWO the 2 workers were paid flat rates ranging from $10 to $17 an hour, resulting in underpayment of their minimum hourly rates, casual loadings and penalty rates for overtime, weekend and public holiday work.

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New visa classes aimed at attracting talented and highly educated people are set to be introduced in Australia next year, according to a statement from the office of the minister for immigration.

The first is the entrepreneur visa. As part of a larger AU$1 billion innovation agenda of Prime Minister Malcolm Turnbull, the new entrepreneur visa (together with tax breaks for start-ups) is seeking to unleash an ‘ideas boom’ and wean the economy away from its dependence on the mining sector. The second new visa subclass is expected to be one that aims at retaining 'high-achieving' students in Australia after the completion of their studies.

“This is all about unleashing the ideas boom. Unlike a mining boom, it is a boom that can continue forever, it is limited only by our imagination… The more high-quality, effective, productive enterprising entrepreneurs we can attract, the better. Because they drive jobs.” Australian Prime Minister, Malcolm Turnbull.

The new Entrepreneur Visa will be available for emerging entrepreneurs with innovative ideas and financial backing to develop their ideas in Australia noted the minister’s statement. It said that Australia’s overseas networks will be leveraged to actively encourage entrepreneurial and innovative talent to come to Australia.

Turnbull said there would be no cap placed on the number of new entrepreneur visas designed to attract innovative talent. He also indicated that changes are being considered to retain high achieving foreign students.

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Melbourne and Sydney have been ranked among top 10 cities preferred by students while Canberra and Brisbane moved up the ranks to be counted among the be worlds best 20 ahead of the likes of New York, Madrid, and Beijing.

The best place to get a degree in Australia, is Melbourne according to QS Annual Survey of the best cities in the world to be a student in 2016.

While Melbourne scored full marks for job prospects, a diverse mix of students and good quality of life, it was edged out for the top spot by Paris due to the greater variety the European city offered.

Melbourne, scored highly on the “student mix” part of the list’s criteria, which is calculated based on the relative size and diversity of each city’s student population while also taking into account the levels of social inclusion and tolerance.

Sydney ranked fourth, with students pointing to the quality of life and sunshine as key reasons for their choice. Australia’s biggest city is becoming a hub of sorts for fashion students and the – it’s the only city on the list to boast an annual duck fashion show.

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