DIBP is taking aim at students who change their study courses as concerns grow about them being genuine temporary entrants.

In a recent statement, Assistant Minister for Immigration and Border Protection, Senator the Hon Michaelia Cash expressed concerns that a perception exists within the international student community that it is acceptable student behaviour to change or downgrade courses from a streamlined visa processing [SVP] eligible to a non-SVP eligible provider soon after their arrival in Australia.

'Although only a small percentage of students have breached their visa conditions, the government wants to send a strong message to both students and education providers,' the Minister stated.

Minister Cash said the department was making constructive use of its social media platforms and website to raise awareness among the international student community about the possible impact of their decision to change courses after arriving in Australia.

The trend in Student numbers from China and India suggests that it could return to pre-2010 levels.

It looks the dust has finally settled over the uncertainties in immigration policy and negative press in overseas newspapers of visa prospects and life in Australia for international students. No doubt the drop in the Australian dollar and its predicted further slide has helped once again raise interest in an Australian education.

DIBP has announced that Minister Scott Morrison will personally cancel the visas of undesirable residents from now on, denying them the right of appeal to the AAT.

The announcement follows the AAT’s recent decisions which set aside the Minister’s delegates decisions to cancel the visas of Sean Gabriel and Tuan Anh Hoang for criminal conduct. This blog recently reviewed Gabriel’s case.

In the matter of Hoang who had convictions which spanned 17 years largely for drug related offences, the AAT deputy president Brian Tamberlin stated:

Australia’s productivity is steadily slipping down and will continue to do so if skilled migration numbers are not increased quickly.

The current migration intake of 190,000 a year is not enough to sustain productivity, says the Australian Industry Group (AIG). It says that Australia needs a steady increase in migration intake every year with an emphasis on skilled migration in order to meet current and future skills shortages.

The AIG has proposed that the Federal government needs to act immediately to substantially increase the immigration intake in the upcoming budget by at least 15% to 220,000 to meet the current skills shortage.

The AIG’s chief executive Innes Willox says now is the right time to accelerate skilled migration given Australia's ageing workforce and skills shortages in industries including mining, construction, engineering and health.

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.