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Posted by on in General

Migration Alliance is in receipt of the following information:

I am a current Registered Migration Agent based in Australia and do not wish to be identified. 
 
I wish to bring to your attention the recent attempts by many overseas students to buy English test scores. The trend seems to be gaining prominence.

In the last few months, I can confirm having heard of such several incidents, directly or indirectly, where visa applicants have paid as much as $30,000 to overseas test centres to secure specific English test outcomes. 

The Department is requested to consider the following factors to ascertain the genuineness of a visa applicant’s English scores:
 
  • Past education (Medium of instruction)  - English abilities are acquired and only develop after training over several years. While speaking skills can be acquired while one lives, studies or works is an English speaking country for a substantial duration, writing proficiency cannot be achieved so easily and without receiving appropriate levels of training starting from early years of one’s education. 
  • University, college grades achieved in Australia. Students adept at English are likely to score well and above average.
  • Comparison of claimed scores with those that an applicant achieved at the time of their initial student visa application. 
  • Number of attempts taken to achieve claimed scores. Progessive increases after sustained attempts may be acceptable.
  • Location of a test centre – Applicant travelling to an overseas location to take the test may indicate collusion. 
  • Other analysis that the Department may think pertinent.
Such applicants are bypassing the system and undermining the integrity of Australian immigration law. They also take up places ahead of more skilled and genuine ones. 

Where English scores do not appear genuine based on identified factors, the Department should request applicants to prove their English abilities by taking another test in Australia. A level of predetermined or unacceptable variance will be a strong indication that the applicant never possessed the claimed English competencies. 
 
The Department is also requested to consider amending the English testing policy for visa applicants that will act as a strong deterrent.
 
Thank you.
Sincerely
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Migration Alliance is in receipt of the following information:

The ACS wishes to inform you of the below information so you may advise your clients accordingly.

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Can the Administrative Appeals Tribunal rely on a Departmental policy (PAM3) that is more stringent than the regulations to affirm the refusal of an application?

What if the purpose of the policy is to prevent applicants from “subverting” the “purpose” of a regulation?

These issues came before the Federal Circuit Court in a case that was decided late last week, He v Minister for Immigration & Anor (2015) FCCA 2915 (29 October 2015).

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In a move to encourage both Working Holiday (Subclass 417) and Work and Holiday (Subclass 462) visa holders to undertake work in northern Australia the government has announced that such visa holders will be able to apply to work for a single employer for up to 12 months, compared to the usual limit of six months.

From November 21, 2015, Working Holiday Maker (WHM) visa holders who secure work in certain high demand industries in northern Australia will be able to remain with their employer for up to 12 months.

The Minister for Immigration and Border Protection Peter Dutton said the changes - an initiative of the Government’s recent White Paper on Developing Northern Australia - will be of significant benefit to the agriculture and tourism sectors in the north of the country.

“These industries are highly seasonal and rely on short term workers to provide labour flexibility in peak periods,” Mr Dutton said.

The changes will also apply to work in northern Australia in aged and disability care, construction and mining.

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Migration Alliance, Australia China Business Council (ACBC),  and Expat Advisors Community networks are delighted to come together and invite those doing business with China to enjoy an Australian tradition – the race that stops the nation!

Sip champagne while chatting to industry colleagues, making new business connections and soaking up the first Tuesday of November  atmosphere at  The Rook rooftop bar in the Sydney CBD.

Attendees include migration agents and lawyers, accountants, wealth and investment managers, cultural advisers and a range of China active companies and consultants.

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