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Australian Immigration Daily News

Breaking Australian immigration news brought to you by Migration Alliance and associated bloggers. Please email help@migrationalliance.com.au

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Posted by on in General

In its final night for the year, Parliament passed legislation that will strip Australian citizenship from dual citizens who are involved in terrorist conduct overseas or convicted of terrorism activity.

The bill provides for dual citizens to lose their citizenship in two new ways: by engaging in conduct deemed to amount to a renunciation of citizenship, or by being convicted of a prescribed offence.

A statement from the office of the minister of immigration noted that the Australian Citizenship Amendment (Allegiance to Australia) Bill 2015 aims to ensure terrorists who are dual nationals are prevented from returning to Australia and dual nationals who engage in terrorism within Australia can be removed where possible.

“The changes to the existing legislation were necessary to reflect the current threat that Australia and the rest of the world faces” notes the statement adding that, “Australia's current threat level is now at 'probable' – meaning that there is credible intelligence assessed by our security agencies that indicates individuals or groups have developed both the intent and capability to conduct a terrorist attack in Australia.

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“Tell the truth, the whole truth, and nothing but the truth”!

This admonition, given to potential witnesses about their paramount obligation when giving evidence in court cases, applies with equal force to visa applicants.

It is absolutely essential that visa applicants be entirely truthful in the information and documents that they provide to the Department in connection with a visa application. This obligation is stated expressly in section 101(b) of the Migration Act, which provides that a non-citizen must complete his or her application form in such a way that no incorrect answers are given or provided. The consequence of providing incorrect information on a visa application may be that the visa may be cancelled under section 109 of the Act. And under section 48, a person whose visa has been cancelled may only be able to re-apply for a very limited types of visas.

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Dear Migration Alliance Member

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13206403_s.jpgDespite the amazing natural wonders of Western Australia, the state closest to Asia is struggling to draw visitors and as a result has seen spending by tourists drop by AU$60 million in the year to September, according to figures released by Tourism Australia yesterday.

Overall, the results from Tourism Research Australia’s International Visitor Survey show continuing growth with further record international arrivals, visitor nights and spending figures.

The report revealed that spending reached a new high of $34.8 billion, an increase of 13 per cent or $4.1 billion over the year, which is the strongest growth seen since 2001. International visitor arrivals increased 7 per cent to 6.7 million while nights were up 10 per cent, reaching 242 million during the year ending September 2015.

The Government’s efforts to boost flight capacity, visa reforms and focused international marketing are increasing Australia’s appeal in the growing global tourism market, noted Minister for Tourism and International Education, (and Minister Assisting the Minister for Trade and Investment) Senator the Hon Richard Colbeck.

“We have also made tourism infrastructure one of five National Investment Priorities, backing the growth of a key industry which supports around a million jobs,” noted the minister adding, “Australia’s strong international education sector is clearly having a positive impact on our tourism industry; with every international student in Australia attracting visits from friends and family.” Minister for Tourism and International Education Senator the Hon Richard Colbeck.

The figures show that visiting Australia for the purposes of education is supporting strong growth, with visitation up 19 per cent and nights up 18 per cent. Total trip spend for education visitors increased by 27 per cent for the year to $8.2 billion, which drove 43 per cent of the overall increase.

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When exactly do things like Skills Assessment and English Language proficiency test documents get checked by the department of immigration? The answer apparently seems to be well and truly after the visa has been granted.

In a matter recently considered by the AATA, the Tribunal found that the DIBP granted the applicant a skilled visa purely based on information provided by the applicant at the time of application. There were no checks made by the DIBP with the Skills Assessment authorities or the relevant language testing centre prior to the DIBPs decision to grant the visa.

However, a year after the application and well after the grant of the visa, "CPA Australia advised the Department that in their database they had no record of the applicant’s skills assessment, that they had no record of the reference number provided by the applicant, and no record of the applicant’s name” according to the Tribunal member's statement.

The Department, then undertook checks with the IELTS Report Form Verification Service which showed that there was no record of the applicant undertaking an IELTS English test - the Verification Service was unable to locate any record of the reference number the applicant provided and there was no record of the applicant’s name in their database.

DIBP subsequently cancelled the visa. The applicant applied for a review denying any wrong-doing and pointed to corruption within the DIBP and fraud by “a migration agent whom he paid a fee of $70,000…”.

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