Minister’s visa cancellation decision is deemed too severe and is set aside by the AAT.

In October 2013, Immigration Minister Scott Morrison ruled that Sean Gabriel did not pass the character test and decided to cancel his visa, due to his part in the 2008 violent attack and robbery on Dr Mukesh Haikerwal and four others. Gabriel was sentenced to a 7 year prison term for the attack which the courts stated were, "very serious, involving senseless extreme ­violence against totally innocent and defenceless victims".

The Administrative Appeals Tribunal of Australia (AAT) has however set aside the Minister’s decision. The Tribunal held that Gabriel has a low to moderate chance of reoffending; he would have trouble resettling in his birthplace New Zealand which he had left at the age 10; and the Tribunal also referred to the Victorian Court of Appeal’s following considerations:

“There are a number of considerations which underlie the general primacy of an offender’s youth as a sentencing consideration. Firstly, young offenders being immature are therefore ‘more prone to ill-considered or rash decisions’. They ‘may lack the degree of insight, judgment and self-control that is possessed by an adult’. They may not fully appreciate the nature, seriousness and consequences of their criminal conduct.

DIBP officer sacked for tweeting opinions on immigration policy.

Victorians may have recently noticed Ambulances carrying the slogan, “Highest trained, lowest paid” prominently scribbled across their vehicles as they whizzed past with their sirens ablaze. It’s an apparent display of freedom of expression under industrial action which no one has fussed about.

But for a DIBP officer tweeting anonymously in her own time to express personal opinions on immigration policy: it led to a sacking. Apparently sacked for a breach of the employment contract and the Australian Public Service’s Code of Conduct.

This is the plight of Ms Michaela Banerji, the DIBP officer in the middle of the saga. Her plight and fight has spawned a public debate on the limits of freedom of expression in Australia.

Migration Alliance is in receipt of the following email from the DIBP.  Please note that the letter on the s499 Direction to Agents doc is at the base of this email below:

Dear Registered Migration Agent 

The $18 billion a year road freight industry may be crippled if the skills shortage is not addressed soon, says the ATA.

The Australian Trucking Association (ATA) has appealed to the federal government to allow foreign drivers to cover the shortage of skilled truck drivers.

In a submission to the Australian Workforce and Productivity Agency, which provides advice to the government on how to tackle skill shortages, the ATA asked that heavy vehicle driving be added to the list.

Migration Alliance members might be pleased to learn that I have sent the following email to Senator Michaelia Cash, Assistant Minister for Immigration and Border Protection, and her Chief of Staff today:

Dear Brooke and Michaelia

Ref:  Abolishment of Unregistered Practice and No acceptance of immigration applications or requests from unregistered agents

I would like to suggest that the DIBP look closely at removing the ability for a person or organisation to submit an Australian visa application unless they are registered migration agents.  The NZ system seems to have it right and I have outlined their position on unregistered immigration advice under the NZ Immigration Advisors Licencing Act 2007 below for your perusal:

Section 9: No acceptance of immigration applications or requests from unlicensed immigration advisers

    (1) No immigration application or request put forward on behalf of another person by an unlicensed immigration adviser may be accepted, unless the adviser is exempt from the requirement to be licensed under section 11.

    (2) The chief executive of the department of State that has, with the authority of the Prime Minister, assumed responsibility for the administration of the Immigration Act 2009 must so far as practicable ensure that immigration forms and information brochures prepared or provided by that department advise that, in accordance with subsection (1), immigration applications or requests provided or prepared on behalf of another person by persons who are neither licensed immigration advisers nor exempt from the requirement to be licensed will not be accepted.

    (3) Where an immigration application or request on behalf of another person is not accepted by reason of contravening subsection (1), the relevant person or body must notify that person in writing of that fact, and advise the person as to how the application or request may be relodged or advanced in an acceptable manner.

Section 11: Persons exempt from licensing

    The following persons are exempt from the requirement to be licensed:

        (a) persons who provide immigration advice in an informal or family context only, so long as the advice is not provided systematically or for a fee:

        (b) members of Parliament, and members of their staff who provide immigration advice within the scope of their employment agreement:

        (c) foreign diplomats and consular staff accorded protection as such under the Diplomatic Privileges and Immunities Act 1968 or the Consular Privileges and Immunities Act 1971:

        (d) employees of the public service who provide immigration advice within the scope of their employment agreement:

        (e) lawyers:

        (f) persons employed by or working as volunteers for community law centres (as defined in section 6 of the Lawyers and Conveyancers Act 2006), where at least 1 lawyer—

            (i) is on the employing body of the community law centre; or

            (ii) is employed by or working as a volunteer for the community law centre in a supervisory capacity:

        (g) persons employed by or working as volunteers for citizens advice bureaux:

        (h) persons who provide—

            (i) immigration advice offshore; and

            (ii) advice only in respect of applications made under the Immigration Act 2009 for a temporary entry class visa—temporary visa—student visa:

        (i) persons exempted by regulations made under section 12.