Australian Immigration Daily News

The updated Form 956 is now live

https://immi.homeaffairs.gov.au/form-listing/forms/956.pdf

https://www.abf.gov.au/form-listing/forms/956.pdf

The Migration (Specified courses and exams for registration as a migration agent (Capstone provider) Amendment Instrument (LIN 21/044) 2021 (the Instrument) is made under subregulation 5(4) of the Migration Agents Regulations 1998 (the Regulations).

The instrument amends Migration (IMMI 18/003: Specified courses and exams for registration as a migration agent) Instrument 2018 (IMMI 18/003), to update the exams an applicant can take to register as a migration agent. IMMI 18/003 specifies courses and exams for registration as a migration agent for the purposes of the Regulations. This includes specifying a provider for the Capstone Assessment (Capstone).

The instrument provides that beginning 1 January 2021, the new and sole provider of the Capstone is Legal Training Australia, as determined by the procurement process undertaken by the Office of the Migration Agents Registration Authority (the OMARA).

The Department undertook a procurement process to determine the Capstone provider, which involved publishing an open Request for Proposal on the AusTender website for anyone in the market to apply for. The Office of Best Practice Regulation was also consulted and considered that the instrument dealt with matters of a ‘minor nature’ and that ‘no regulatory impact statement was required’.

Whilst The College of Law Limited ceased being the Capstone provider on 31 December 2020, applicants will continue to be able to rely on the assessment delivered by The College of Law for registration as a migration agent until 31 December 2021. This will ensure that applicants who passed the exam before 1 January 2021 are still able to use their exam results to register with the OMARA, as the exam results are valid for 12 months as per subsection 9(1) of the IMMI 18/003. Consequently, there will be no adverse impact on applicants who have previously received an assessment delivered by The College of Law.

The instrument also amends IMMI 18/003 to remove references to the common assessment items (the CAIs) as the CAIs were specified to be a prescribed examination only if passed before 1 January 2018. CAIs were only valid for 12 months, and as such, are no longer current. The CAIs were assessment items that formed part of the Graduate Certificate in Australian Migration Law and Practice. Recommendation 16 of the 2014 Independent Review of the Office of the Migration Agents Registration Authority (the Kendall Review) recommended a stand-alone Capstone de-linked from the prescribed university courses or any of the universities offering it. The Government supported this recommendation, and the Capstone became the prescribed examination in 2018.

Source: LIN21044.pdf and LIN21044-Explanatory-Statement.pdf

Former director of migration company Clinica Internationale Pty Ltd declared bankrupt 

“We are committed to holding individuals to account for failing to comply with costs orders made against them in enforcement proceedings,” ACCC Chair Rod Sims said.

Clinica offered migrants training and sponsored employment in the cleaning industry under a program which it claimed would lead to permanent residency, but had no cleaning jobs available. And even if Clinica had found these jobs, they would not have met the skill level enabling people to apply for the relevant visa.

Approximately 90 migrants paid a total of over $760,000 in fees to participate in the program.

“We took the original legal action against Mr Laski because of the appalling behaviour which took advantage of vulnerable individuals,” Mr Sims said.

“Clinica’s clients had significantly weaker bargaining power, and were induced to pay substantial sums of money on the basis of false or misleading representations and unconscionable conduct,” Mr Sims said.

“This is a reminder to businesses and individuals that if you break the law, there are real and serious consequences.”

Source: Radovan-Laski-bankrupt.pdf

Overview of the Disallowable Legislative Instrument

The Immigration (Education) Act 1971 provides for publicly-funded tuition in approved English courses to eligible migrants who do not have vocational English. This is delivered through the Australian Government’s Adult Migrant English Program (AMEP). The AMEP helps new migrants learn English skills that will assist them to successfully and confidently participate socially and economically in Australian society. The AMEP is available to all eligible permanent visa holders, and current citizens who previously held a permanent visa, aged 18 years or over who do not have a vocational level of English language proficiency. Some visa holders aged 15 to 17 may also be eligible in some locations where intensive English classes in high schools are not available. Access is also extended to some temporary visa holders as specified in the legislative instrument for this purpose.

The purpose of this Disallowable Legislative Instrument is to amend the Immigration (Education) (Specification of temporary visas) Instrument (LIN 21/013) 2021 (LIN 21/013) to add the Temporary Safe Haven (Class UJ), Subclass 449 (Humanitarian Stay (Temporary)) visa to the specified classes of temporary visas that a person must hold, or have applied for, to be eligible for the provision of English language tuition under the AMEP.

The Subclass 449 (Humanitarian Stay (Temporary)) visa is being added to support the Government’s efforts to provide urgent settlement assistance to those entering Australia from Afghanistan, many of whom have been or are expected to be granted this visa, by providing them with access to English language tuition under the AMEP.

Source: LIN21070.pdf and LIN21070-Explanatory-Statement.pdf