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Australian Immigration Law blog

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Will a hung Parliament help our clients?

A hung Parliament means that it is unlikely that Carer visas and the Aged Parent visa will be culled for the time being.

It is also unlikely that the Labor drive to crush the 457 visa will have any momentum.

The downside will be that urgent reform and simplification of the statutory scheme will likely be stalled.

This election result will give RMAs better access to their local member  who hopefully will be more responsive to their constituents legitimate concerns regarding the clients and the frankly unfair and totally capricious ministerial intervention guidelines

Local federal members will need to get back to the basics and gird their loins for the next election which may be likely sooner rather than lately.

what do you think?

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  • Christopher Levingston
    Christopher Levingston Sunday, 03 July 2016

    That would be a hung parliament not a Hun parliament...even though I am sure that a parliament of Huns would be very exciting! My phat phiingers strike again.

  • Guest
    Ian B Sunday, 03 July 2016

    So Pauline Hanson will help us? I think I like a Hun parliament with phat phiingers better

  • Guest
    Cecilia D Tham Monday, 04 July 2016

    Please edit your blog posts before posting them, Christopher.

  • Ian Bosley
    Ian Bosley Monday, 04 July 2016

    The first sign that a hung parliament is a weak government will be people smugglers back in action, I will put a bet on that we will hear the first attempt in the next week. Is this good or not? No, we can do more for refugees but not through the uncontrolled movement like we see in Europe. I am sure this caused the dramatic Brexit vote. The Senate isn't a huge deal but the lower house is. Please give us 2 things, a majority in the lower house, even by one, plus a new Minister.

  • Christopher Levingston
    Christopher Levingston Monday, 04 July 2016

    Dear Cecilia,
    Thank you very much for your excellent advice. I will strive to do better.

  • Colin Soo
    Colin Soo Monday, 04 July 2016

    Given that both major parties will maintain the current refugee policies, I don't really think that additional boats will come through.

  • Guest
    HARRY Thursday, 07 July 2016

    For the best interests of Australia, a strong majority Government is required. As far as Migration matters are concerned, the Department will still need clients to satisfy GENUINE POSITIONS; no matter how hung is Parliament or will be.

  • Guest
    Gulenay Thursday, 07 July 2016

    Hung or Hun Parliament some decisions on Protection Visa Applications are so wrong, they don't have any review rights when they are offshore. Some of the boat arrivals were very desperate, lodged visa applications offshore got refusals then came on boat lodged visa applications were approved or if they were refused had the review rights. There is much more that can be done for refugees. And no this time I am not from war torn country. I was a refugee in 1974

  • Christopher Levingston
    Christopher Levingston Monday, 18 July 2016

    In relation to protection visas, the system isn't broken but there is a lot wrong with it.
    There is political mileage in being tough on unauthorised maritime arrivals and the whole temporary protection visa regime leaves a lot to be desired. Further the whole resort by DIBP and the AAT to spurious attacks on the credibility of applicants in effect allows both organisations to avoid the whole messy business of merits review.
    There needs to be clearer guidelines and a real will to examine each case on its merits. Country information should be publically available so that applicants can rebut the cherry picking that is often undertaken by case officers and the AAT. The whole system needs a shake up.

  • Ian Bosley
    Ian Bosley Monday, 18 July 2016

    My feeling is that the whole DIBP process, the regulations, the policy, the decision-making and the utter bog down of most visa types is appalling. The refugee situation is the most publicized area but how long are we waiting for routine applications, now 1 year for many 100/801s, over a year for $7000 820/309s, I have had 2 years for 461s, clients come to me with part-decisions on visas refused and the AAT not going over any other aspect etc so setting up another round robin. I had a case of a 5 year old who accidentally became illegal when mum (and the Dept) didnt pick up he was missed off a family 461 renewal (not sure how a 5 year old can ever be overlooked in anything). I had 5 case officers at one time arguing with me in CSRS about how to resolve it, send him offshore they said. 5 staff who could have been dealing with the backlog. CO overseas from the local countries who are vindictive and jealous and do not know the law/regs. 50-60K over stayers (not refugees) the Dept cant/wont track). overseas businesses doing RMA work with no controls that we must meet. No will to stop illegal advertising in Australia. It is a crazy shambolic mess. I suggest they cut off the head level of the organisation and rebuild it. Sure, there are some really good stories but I cannot believe some of the decision-making.

  • Ian Bosley
    Ian Bosley Monday, 18 July 2016

    And one more thing. No sensible pathway for access to the Department for RMAs. The ATO has a dedicated Tax Agent Unit, they recognise that the agents actually are doing a lot of work that helps the ATO. How often do we have to chase around for access email addresses.

  • Christopher Levingston
    Christopher Levingston Monday, 18 July 2016

    Yep...this system ain't broke but it ain't perfect either.
    The problem with a statutory scheme is that in the Migration Act and the Regs is that unless you comply with the letter of the law and absent any "slip" rule, that leaving a person off an application or an application for review can have catastrophic consequences. there is simply no flexibility at all.
    Any flexibility is always negative. Look at the various "satisfaction' rules about genuine position, family violence etc...I reckon the Migration Act and Regs need simplification.

  • Ian Bosley
    Ian Bosley Monday, 18 July 2016

    A Senate inquiry into the performance, structure and outcomes run by a sensible cross bench senator keeping politics out of it would be a good start. Emphasis on the overall organisation, not just focussing on protection visas but the whole lot.

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