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The image which went alongside the following tweet grabbed my attention on twitter this morning. I want to share this with you.
Retweeted by Welcome to Australia
In #RefugeeWeek, today and everyday - Racism. It Stops With All Of Us. #auspol #saparli @ItStopsWithMe pic.twitter.com/QUwn8Gpp6d
I am Liana Allan. I am a white, Anglo Saxan who was born in Australia to white Anglo Saxan Australian born parents. The language we spoke at home was English and the only language I communicate in is the English language. I often wonder if I even communcate in English effectively!
I have to say that I think I am at a significant disadvantage in the year 2014 that this is the case. How I wish that I could speak Mandarin fluently. That way I could explain the legislation to SIV applicants in their own language, and answer their questions, helping them to understand the complexities of our immigration law and policy. I cannot do that which means I miss out. I cannot connect in with the culture of Asia properly as I was not exposed to it as I grew up in my safe northern suburbs Sydney home, going to a private north shore all girls Anglican school. Everything I ever knew, lived and breathed was based on English traditions.
Now in the year 2014 and in the midst of the Asian Century I watch with envy as my Asian colleagues negotiate business in two to three languages, landing deals with clients I only wish I could have as my own.
For all those Australians out there that think the mark of being an Australian in 2014 is the ability to speak the English language, have a think about reality. Think about the Australia our children will experience in 20 years from now.
My daughter is learning compulsory mandarin at school.
My plea to the Office of the MARA is 'Don't impose English Language Testing on new agents'. It is racist. Pure and simple. Racist.
We all have unique skills and experience to bring to the migration agent profession. Simply having a first language as English is in my view not a first priority asset. The Office of the MARA should be encouraged to prioritise languages other than English in much the same way as the skilled migration points test gives points to those migrants who can demonstrate the ability to speak a community language.
If Australia wishes to engage investors from Asia and engage and collaborate on the world stage then we need to drop the white-Anglo-centric mentality.
Finally, Australian Aboriginals were here first, before us 'whiteys' and I don't see the Australian government forcing Australian Aboriginals to speak English. I put it to the Office of the MARA that I am going to fund the education of an Aboriginal Australian and put them through the entry-level exams for the migration advice profession. I can't wait for the Office of the MARA to ask an Aboriginal Australian to demonstrate proficiency in the English Language. Then we can have a proper 'welcome to country'.
Maybe they will have to translate the legislation into the language of the Gadigal people, the original occupies of this land. There is this misnomer that just because people speak another language, all of a sudden it means they aren't able to communicate in English. English is so yesterday. Move on Jim. Get your head out of the clouds. Look around you. Look how many Asians live here! In 20 years time the legislation will be in mandarin too. It won't be long before someone translates it. The whole 'if you can't speak English you don't understand' is just utter codswallop. I appreciate Luana's new age thinking on this. Plus she is not racist. Us fellas like her inclusion of our people. We are Australians.
I have to agree with Jim on this one.
When interpreting law it is absolutely critical to have a strong grasp of the language. Think about it - the way the law is written at times can be subtle or complex to understand, and you MUST have a good grasp of the law. Would you put your life in your lawyer's hands if you knew that s/he didn't have a fantastic grasp of the language and you were going to court? Likewise if I had to go to court in China and my lawyer sort of had a good grasp of Chinese, I'd be looking for another lawyer.
I agree that foreign born agents have a lot of advantages in being able to converse with visa applicants in their language directly. I have no issue with their making money, but make sure that you have a strong grasp of migration law if you want to provide migration advice. And if you don't, just become an education/business agent who works with an RMA.
After all, isn't that one of the concerns that MA is trying to lobby with MARA - the sometimes incompetent and unethical practice of unregulated and unregistered overseas agents? I think we are going backwards if the knowledge requirements of the profession is allowed to slip.
I do agree that once someone has shown their English competency that they don't need to show it again for reregistration. That really isn't necessary.
I agree with Jim, Colin and Liana but most of all the aboriginals. Everyone is right. We can't ignore the fact that the law could easily be translated. Even English speakers sometimes can't interpret it properly. I am Chinese and Aussie and I find Chinese law harder than Aussie law. Go figure.
My take on this point is that we are really referring to the ability some of us have in speaking fluently or pronouncing clearly, which does not impinge on our ability to understand and apply legislation - it's often a conversation issue or the way a sentence is constructed or words are pronounced that raise the spectre of lack of language skills and the subsequent fear that we cannot grasp legislation.
These, in themselves do not mean that we can't grasp the meaning of the law. I know lots of lawyers and RMAs who are fluent English speakers who provide negligent advice and language has nothing to do with it.
As RMAS undertaking post graduate studies as a requirement for registration, I would think that the level of language proficiency is high.
I don't believe that English language proficiency is required to register someone who has completed post graduate studies- that's discriminatory as Universities have a minumum requirement for English Language skills. Australian Law graduates from non-English speaking backgrounds (NESB) are not required to provide an IELTS to get a practice certificate, neither do conveyancers or social workers or psychologists in their registration so why should RMAs? How can this NOT be a 'migrant' thing?
Registration is based on the sound knowledge of Migration law in order to advice on it, as evidenced by having obtained a post graduate qualification; the ability to communicate effectively in English is a practiced skill. Law graduates' writing skills develop as part of their studies and their practice, it's not instant , and neither is the ability to articulately represent clients from the word 'go'.
If we are *really* so worried about this, then what MARA and the industry can do is faciliate collegial networks, regular RMA events and mentoring programs further to the yearly CPD, so that communication skills can continue to develop and evolve rather than continue to raise the spectre of lack of English languages proficienty through an english language test - it doesn't mean anything and it's a myth.
A great colleague of mine, completed her graduate certificate in Migration Law. She has an Australian Masters Degree in another area. She had to do the the IELTS in order to register some years ago. Her background? 25 years in Australia with fluent but accented English and the holder of a Senior Management Position in the Australian Taxation Office - ABSOLUTELY uncessesary, wouldn't we agree?????
English as a requirement for RMAs is a moot issue. I am NESB, and my English is not as perfect as I would like it to be. I agree with Jim and Colin that English language skill is necessary in a profession where migration laws are complex even to some native English speakers. Perhaps less stringent IELTS levels are all that is required, but English should still be required.
It is one thing to interpret the law and dish out migration advice, and another to communicate with clients in one’s foreign language. It is a plus to have both English and non-English language skills. However, one cannot ignore the fact that we RMAs need to interpret the law for our clients. If our client’s best interest is paramount, then we must be skilled to do that.
On the other hand, if NESB RMAs have difficulty interpreting the law, then there are other means of getting accurate interpretations. One can always network with fellow RMAs or seek translations (even apps are helpful these days) if in doubt. With respect to writing submissions, a not-so-perfect grammar should be tolerated, as long as the arguments about how the client meets the relevant migration laws and regulations are valid. After all, some replies from case officers reflect language imperfections too.
Liana has valid points too. That poster sign re English is a tad racist. Children who are learning second languages are really admirable. I know of native Australians who speak other languages fluently because of personal and professional interests. Yes, Australians of the future will be more multilingual than today.
Firstly, it's not racist to define a language test. Racism is the belief that ones race is superior to another. Maybe it's culturist, but not racist. As for the legislation, that would be secondary as many have stated, that can be translated and you can have an interpreter. What about signage, what about bills, bus timetables, trains, or the main consideration of employment. Some jobs may not require English, but the vast majority do. How are you going to fill out a TFN, superannuation form, etc etc. The levels of complexity of interactions with government are immense.
I'm not saying it's impossible; I have travelled to eastern Europe with only a basic knowledge of Ukrainian and Russian and managed to orient myself. But, it is significantly more difficult, and I had basic proficiency.
If you were to translate everything into an Aboriginal language, which one? They're are over 150 still used and some have little commonality. To those that have been failed by our education system, that does not excuse the requirement to have a functional level of English to interact with society. From a legal perspective, that is not an argument.
This argument was started in 2014 and now nearly 10 years into your 20 year timeframe, I see no shift or move to make your dreams become reality. All I can say is thank God for that.
While I respect your views, I disagree. RMA's must deal with complex policy and legislation which is English. While other languages are a bonus when dealing with clients from different backgrounds, an RMA must be very conversant in English to ensure they can understand the migration legislative requirements. If submissions to DIBP, skill assessing authorities or the MRT/RRT are not clearly and correctly worded this can put client's at risk. All submissions must be in English.
I've met RMA's that have a very poor level of English. While they can probably live with the embarrassment of poorly worded websites, I don't believe they should be allowed to manage client matters and put those client's at risk when they are required to make representations in the English medium but are not competent in the use of English.
Other professional occupations where communication skills are critical such as medical practitioners, nurses etc require high level of English competency to avoid placing their client's at risk, our industry should be considered no different.
It's important to understand we're talking about professional standards here. We're not talking about English standards for the person on the street but rather required for a professional to competently and professional perform their work duties.