The AAT finds that DIBP had wrongly focussed on events of a single day in DIBP's decision to refuse an application for citizenship. The AAT held that DIBP must properly take into account the general conduct of the applicant over a period of time in order to properly determine whether the events were ‘out of character’, the chances of such repeat behaviour, and prospects of reform.

DIBP’s refusals to grant a Chinese national and Australian permanent resident, citizenship on character grounds has been overturned by the AAT in a recent decision: Zhang and Minister for Immigration and Border Protection [2014] AATA 136 (13 March 2014).

DIBP had decided that the Applicant was not of good character by reason of his conduct on a single day. The applicant had been convicted in November 2009 of two counts of common assault and one of breaching an Apprehended Violence Order (AVO). The charges arose out of an argument between the Applicants and his then wife on 22 October 2009.

It is a requirement for eligibility for Australian citizenship by conferral that a person be of good character: Australian Citizenship Act 2007 (the Citizenship Act) s 21(2)(h). However, the Citizenship Act does not define “good character”. Guidance is found in Chapter 10 of the Australian Citizenship Instructions (ACIs) which offers guidance on policy in relation to the interpretation of, and exercise of powers under, the Citizenship Act and Regulations.

The ACIs refer to the phrase “enduring moral qualities” in assessing character. The AAT held that the phrase “encompasses concepts of characteristics which have been demonstrated over a very long period of time; distinguishing right from wrong; and behaving in an ethical manner, conforming to the rules and values of Australian society. This broad definition means that “a decision maker can be satisfied that an applicant is of good character if the applicant has demonstrated good enduring/lasting moral qualities that are evident before their visa application and throughout their migration and citizenship processes”: cl 10.3.1.

Make a submission today to stop over-regulation of the migration agent profession:

http://www.cuttingredtape.gov.au/form/make-submission

Registered Migration Agents (RMAs) can take advantage of the Australian Government's plan to cut $1 billion in red tape every year.  The first repeal day will be in the House of Representatives on Wednesday 26 March.  That is coming up very shortly.  Please urgently make submissions to assist deregulate our profession, in particular the Office of the MARA (OMARA) and their shocking and ever increasing levels of red tape.  The Office of the MARA have become nothing short of the 'RMA police'. 

Have a look at the hefty obligations and huge fees ($1595) RMAs pay every year to re-register.  I think the Office of the MARA call it a 'charge' so they can get away with not providing us with a service.  If they really wanted to provide the public with value then they would be advocating the use of migration agents to the vulnerable public and asking the DIBP to get rid of unregistered practice.  Instead they spent $0.00 last financial year advertising the services of RMAs.    Instead the Office of the MARA spend their time in their micro-bubble regulating the life out of RMAs.  OMARA also spend huge amounts of money on their relatively new prestigious offices overlooking Hyde Park in Sydney.  Surely OMARA could rent space in accommodation more befitting of the public service and not a high-end law firm?

DIBP in SA and QLD  have suggested that it would be most helpful if the attached were used to flag the changes that will take effect on 22 March.

In the intervening period, what’s important is that the applicant have booked the appointment before applying and, in the absence of a reference number, indicate in the application when the appointment is for and where it will occur. 

If there are specific lodgement issues pre or post the 22March change, please direct enquiries as follows:  

In corporation with the Migration Alliance the-Relocator.com has set up a referral program for each of your clients that have moving or Shipping needs.

The-relocator.com is a portal where you can get up to 6 quotes from accredited international moving companies that can move from anywhere to anywhere around the world.

The-relocator.com only works with moving companies that are Fidi or IAM accredited assuring your clients with quality services, competitive rates and a hassle free move.

The great thing about the program is that you the migration agent will get a referral fee for each lead, so no need to track or wait to see if they actually chose a moving company. If it is a qualified lead then you earn a commission of up to 20AUD per referral.

All you or your clients need to do is fill in the data of the client who is need of a moving company, on the designated page we provide and the rest is done for you.

The-relocator.com also offers you an Iframe that you can put on your own website to capture the data of your online visitors.

What are the benefits for your clients?
- 100% free to use
- Only reputable accredited moving companies will get in touch
- Your clients compare and save money

If you want to participate please contact us This email address is being protected from spambots. You need JavaScript enabled to view it. for the terms and conditions.

Australia's international education sector is starting to get concerned about the future growth of Chinese student numbers as Australian universities start establishing more campuses in China and the Chinese government pushes government officials to send their children to Chinese Universities.

The number of Chinese students commencing study in Australia rose 6.4 per cent to more than 78,000 in 2013, the first increase since 2009 when Chinese student numbers dropped after bad publicity about student safety in Australia and sub-standard vocational colleges. However, these increases may not be sustainable.

The Australian Financial Review reports that state-owned newspaper China Daily has observed a downtrend in Chinese students leaving China for studies. It notes a key reason for this is that high-profile educational institutions, including Melbourne’s Monash University and New York University, are setting up campuses in China and giving parents more options.

Another factor is the "push from the central government for officials to send their children to university in China rather than overseas, as a show of confidence in the country’s education system” reports the Australian Financial Review.