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Immigration Daily News JCU refuses RMA agent contract due to RMA's 'focus on the Indian market'
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JCU refuses RMA agent contract due to RMA's 'focus on the Indian market'
An RMA recently was refused an agent contract with the James Cook University (JCU) primarily due to the RMA's ‘focus on the Indian market’. The Migration Alliance wrote to the JCU for an explanation but they have avoided answering some key questions. The Migration Alliance would like feedback from other RMAs on this matter in order to properly consider further action if needed.
"After discussion with the agent review panel we have decided not to offer [the agency] an agent contract. This is primarily due to your focus on the Indian market, a market we are not looking to expand upon."
These were the words used in a letter from the JCU to an RMA recently when refusing the RMA's application for an agent contract with the JCU.
To help clarify the issue, the Migration Alliance requested that JCU address the concern as to how such a stated policy is not discriminatory.
JCU initially responded to the Migration Alliance query stating, “James Cook University (JCU) refutes absolutely any imputations or assertions that JCU policy or decisions made by or on behalf of JCU are in any way discriminatory or in breach of the Racial Discrimination Act 1975 (Cth) or any other legal requirements. JCU strongly defends its record of welcoming international students, including Indian students.”
In the one-page letter, the JCU added, “JCU has not stopped recruiting students of Indian origin. JCU continues to recruit Indian students both directly and through authorised agents. At the present time, JCU has contracts with 14 agents recruiting Indian students, with in excess of 60 branch offices located in India and Australia.”
According to Wikipedia, James Cook University is reputed as Queensland’s second oldest university with an estimated 4000 students, including over 400 foreign students. According to JCU, "The largest number of new international full degree students at JCU's Townsville and Cairns campuses in 2014 are Indian students. JCU has accepted 115 new Indian students at its Townsville and Cairns campuses for the current teaching period. This is nearly a threefold increase on our acceptance numbers for new Indian students in 2013. Taking into account continuing student numbers, there are currently a total of 235 Indian students studying at our Townsville and Cairns campuses."
(See JCU's full response: Response-to-Migration-Alliance-Query-19-February-2014-1.pdf )
What was missing from JCU's response were answer to these questions:
- How is it not discriminatory for an agent to be denied an agent contract with the JCU on the basis of the agent’s focus on the Indian market?
- Will JCU approve applications for an agent contract from agents who ‘focus on the Indian market’
- Has JCU recently granted agent contracts to agents who ‘focus on the Indian market’;
- Is indeed, “the Indian Market, a market [JCU} is not looking to expand upon.”?
Photo Caption: The Migration Alliance put the listed questions to the JCU but the JCU responded only as follows: “JCU has provided its response to the concerns raised by you in your letter received on 17 February 2014, in its correspondence of 19 February 2014. JCU does not propose to correspond further in relation to this matter. “
Comments
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Wednesday, 26 February 2014Most of the Universities have pretty much tied up with one agent or the other and they have further franchised out the student recruitment to third party. So each agent have dozen or sometime 2 dozen offices all around India. The universities are discriminatory in not signing contracts with MARA registered migration agents, who are regulated and accountable.
In India what I have seen is unaccountable third party operators acting as education and migration agents, having no accountability, openly flouting Australian Migration Law. They organize bogus funds for the purpose of student visa application. A lot of students are non genuine as they call to our office once they land on shore to change their course or look for cheaper alternative private education provider.
The Universities are happy to go in bed with operators that have no qualifications, no registration and no accountability. It look me 2 hours to do a education agent course and their is no prerequisite, that shows the type of training is required to become a education agent.
If this continue, we would see the same happening to the government run universities that happened to private vocational education provider, Bogus funds, bogus students who are using student pathway to smuggle them self into Australia.
It is law that only registered Migration Agents should be able to advise and lodge visa application for clients. It includes lodging student visa application. And some would say it does not include student visa, well I would disagree as a lot of students are ripped of thousands of $$$$ plus the tuition fees commission by the same unregulated agents appointed by the universities. MARA agents are regulated to give consumer confidence and security when they seek migration advice which are not provided by third party education agent in country like India.
I would strongly support Migration Alliance to raise this issue and if needed to take a court action against these universities. -
Wednesday, 26 February 2014
Hello Again,
The university's original reply to the agent was clearly an example of why IELTS needs to include a section on clear writing. Or do university personnel not need to take IELTS?
Michael· Liana - Allan likes this comment. -
Wednesday, 26 February 2014
While it's reasonable that any business that sells internationally have the right to limit the number of representatives for different territories, there's a crucial difference here between limiting recruiting of people living in particular geographic locales (ie, student living in India) and limiting recruiting of people based on their nationality or ethnicity (ie, Indians generally, regardless of where they live). I have to wonder whether JCU's comment about student "of Indian origin" goes beyond geographical boundaries and well into the area of limiting recruiting based on the nationality of the student.
That being said, many universities refuse to sign up new education agents because they "have enough" representatives in certain areas (ie, China) or operate their own direct recruiting operations in certain countries. Same with DIBP and their "trial" program for a limited number of handpicked agents for online student visa applications from China, etc which has not allowed any new agents to even apply for the opportunity to do this for years, grandfathering in a list of lucky agents and severely disadvantaging those who were not agents at that time or didn't get "selected".
Sad to see Australian educational institutions crying for more government support when they refuse to accept new education agents that could bring them more students. As far as I'm concerned, any school that refuses the application of a legitimate PIER-qualified education agent should have no business making claims that they are not attracting enough students.· Liana - Allan likes this comment. -
Wednesday, 26 February 2014
I am surprised that Migration Alliance has misread this issue.
JCU, a well respected University has stated "the Indian market, a market we are not looking to expand upon." This means that JCU already sources from the Indian market but does not wish to expand this market and by inference wishes to expand another market. Sourcing students from a wide variety of countries and cultural backgrounds is surely the aim of a non discriminatory student recruitment policy. If the RMA who was refused the contract has complained on the basis that JCU is in some way discriminatory by not offering a contract to them, then this is the clearest case of why RMA's should have an IELTS of 7.0 in each so they can understand clearly what is written in English. JCU should be applauded for having a culturally and geographically diverse student recruitment policy -
Wednesday, 26 February 2014
Dean Darling
Migration Alliance has not misread this issue. The person who wrote the article and made the enquiry was their media writer, Jerry Gomez, who happens to be a lawyer and who happens to be exempt from the IELTS test. Either way the IELTS test would be passed with flying colours.
Dean darling, this is not about whether migration agents can pass an IELTS test. It is obvious you are sore about this topic as you wanted to show how supreme you are with your white xeneophobic bigoted views about English testing of RMAs from NESB. If JCU had a culturally diverse student recruitment policy then they would accept Indians if Indians want to apply. What do you say about Indians who hold two passports? There are millions of people from the 'Indian market' who hold British, Irish, Canadian and USA passports. Now what do you say Dean, darling?· Liana - Allan likes this comment. -
Wednesday, 26 February 2014
Dean do you mean Indians from India or Indians with an Indian skin colour? How do you define 'Indian market'? I am an Indian who was born in Kenya. I am now married and live in the UK. Am I part of the Indian market in your view? Or am I cleansed enough of my Indian heritage to now qualify for another market?
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Wednesday, 26 February 2014
Sorry, but putting quotas on one ethnic group and justifying that by saying you are creating "diversity" doesn't wash. How many times in history has this type of "we have too many of that type of people" mentalities resulted in horrific outcomes? I am sickened by any justification of quotas or limits based on race, ethnicity, etc. "Of Indian origin" (the exact words of the JCU statement) casts a very wide net. Can you imagine the outcry if this type of thinking was introduced into, say, the partner visa system? "Sorry, but your partner visa has been refused because we need to create more diversity in the population and approve more people from other countries." It's politically correct, misguided thinking that is nothing short of discrimination. Merits-based outcomes are what's needed, not arbitrary ethnic quotas.
· Liana - Allan likes this comment. -
Wednesday, 26 February 2014
Personally I think this is purely a business decision. They might have arrangement with other Indian institution to recruit international student and not to accept new agent. However the refusal explanation is unreasonable. I think JCU should come out with a better reason or outline how the new agent can be appointed.
Every university reserve the rights to appoint new agent. -
Wednesday, 26 February 2014
Mark I agree with you. I was thinking of applying to JCU but now I can see what they have written about not wanting any more stuents from Indian background I will not feel liked on that campus. I will always feel like I am not wanted there. I will go to another university. Sukhteshwar
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Wednesday, 26 February 2014
To change the topic slightly, the broader issue is that institutions have agreements with non-registered education agents that require the education agent to confirm matters set out in Schedule 2 of the Migration Regulations, specifically to give migration advice to the client about the genuine temporary entrant requirement and to confirm this with the institution. The agreements between institutions and migration agents are the same, yet there is no recognition that education agents who are not also migration agents cannot give migration advice.
Would any of the existing Indian education agents that represent JCU have offices in Australia and not be registered migration agents? This is a question that the MA could usefully ask of the JCU, as if the answer is yes, it represents a blatant undermining of our occupation and is unlawful.· Liana - Allan likes this comment. -
Wednesday, 26 February 2014
Ah confusion reigns, this is not about Indians or any other group applying to JCU, this is about JCU wanting to expand their recruitment from other geographical and cultural groups and seeking an RMA who can can source from that group. The language in this response, "white xenophobic bigot " raises questions about the writers ability to have a rational argument without resorting to racial abuse. With regard to IELTS, it is a requirement that physiotherapists, registered nurses, engineers, accountants and other professionals in Australia have an IELTS of 7.0 in each to be registered. Does that mean that professional bodies such as the Institute of Engineers Australia and the Nursing and Midwifery Board of Australia are "white xenophobic bigot (s)". Of course they aren't.
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Wednesday, 26 February 2014
Dean yes you are confused:
1. Yes this is about Indians
2. Writer's ability is the correct punctuation (IELTS please)
3. Migration Agents are in a unique group of professionals where MOST are required to speak a second language by their clients, and MOST are trusted by people in a source country based on cultural and other reasons related to those community groups. Engineers are not moving people from one country to another. Neither are midwives. You have compared apples with oranges so you are confused.
4. You brought up IELTS which is not related to the article.
Sterling H -
Wednesday, 26 February 2014
Putting the IELTS sideshow to the side, this is specifically about JCU attempting to limit enrolment at their school from people "of Indian origin"(their words) by refusing the application of an education agent due to the perception of the school that the agent is focused "on the Indian market". So I have to disagree, Dean - this is ALL about enrolment by students "of Indian origin" at JCU. If I were a student "of Indian origin" at JCU or considering studying at JCU (see above post), I'd be outraged. If JCU is going to institute formal or informal racial, ethnic or national quotas, let's see the list and the numbers! And let's see the justification for discouraging enrolments (some might reasonably call this indirect discrimination) by ANY ethnic or racial group, especially students "of Indian origin".
· Liana - Allan likes this comment. -
Wednesday, 26 February 2014
It is not an unusual thing for this or any other university to make this decision as it is my understanding that language schools also attempt to manage intakes by country of origin and will not allow new educational agents to sign up where there is already a preponderance of representation of any one particular market.
· Liana - Allan likes this comment. -
Wednesday, 26 February 2014
I agree with Mark. I am from Indian origin. I also have a USA wife and hold both passports. I will tell all my colleagues about this. I find it so sad. My children are half red/white and half brown Indian. Does that make them from Indian origin or what? Isn't it? Actually my wife is from the USA but she is half American Indian. So my children are 3/4 Indian. Half from Indian subcontinent and 1/4 from Cherokee Indian. I guess JCU don't want anyone from Cherokee American Indian origin either. My two daughters are named after their Cherokee ancestors. I might start crying soon about how sad this is for my children. Sometimes I wish I was not Indian.
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Wednesday, 26 February 2014
JCU does not need to answer any questions on the basis of an agent being rejected due to his focus on Indian market.
They may already have too many agents focusing on the Indian market.
They may also find it hard to deal any more with scams, fraudulent documents etc. associated with applicants from the Indian subcontinent! Give them a break, they are recovering from the onslaught! Or they may have too many Indians and not enough Chiefs!! -
Wednesday, 26 February 2014
It is Gaganjot here again. Do you think JCU would accept my children if they are American passport holders or is it just the Indian origin that is the bother? Nobody can tell they are from Indian origin when they speak. They have American voices.
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Wednesday, 26 February 2014
Ram P they said 'Indian Origin' not 'Indian Market' and even if it was 'Indian market' which Indians? How Indian does the Indian have to be? Half? Cherokee like the bloke's kids above? subcontinent Indian? Indian living in UK second generation? The basis was INDIAN ORIGIN. I think that JCU made a grave mistake and should apologise to people from Indian origin.
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Wednesday, 26 February 2014
JCU are not "attempting to limit enrolment at their school from people of indian origin" they are "not looking to expand upon (the Indian market)". They have enough agents servicing that market and by inference want to expand into or expand other markets. There is nothing wrong with private education providers allocating resources i.e. agents to other markets. It is very disappointing to see that Migration Alliance is party to causing concern amongst Indian students who may have been considering enrolling at JCU and also making racist allegations against a respected University that has a policy of cultural and geographic diversity.
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I personally think that given the very logical and administrative reasons responded to by this University I think we should let it rest. Yes I think the University has a right to allocate a number of International students to each different country of origin (for their intake of International students) rather than filling their International quota with only Indian students.