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Showing posts with label Australian immigration. Show all posts
Showing posts with label Australian immigration. Show all posts

Thursday, 12 January 2017

Visa Cancellations and Delays




 
As a result of a concerted and ongoing campaign by the Department of Immigration to cancel visas of persons it believes to be serious criminal offenders, there is now a very large backlog of persons in immigration detention awaiting news of their ultimate fate.

 

Once a visa is cancelled by the Department there is in most cases a right to seek a revocation of that decision, and because of the large numbers of cancellations that have been made there is a correspondingly large number of revocations being sought with the result that significant delays in processing are being experienced.

 

A recent report in The Age newspaper (10 January 2017) indicated that the number of people deported from Australia because of serious criminal convictions has increased more than tenfold since 2014 – with a huge spike in the number of New Zealanders being sent home.

 

The same report indicated that the Commonwealth Ombudsman has recently concluded an investigation into the treatment of persons who have had their visas cancelled and found serious delays in deciding revocation requests meant former prisoners were spending long periods in the above in immigration detention. Not surprisingly, a spokesman for the Minister said the government made no apologies for strengthening deportation laws to ‘further protect the Australian community’.

 

When making a revocation request to the Department it is necessary to carefully consider what information will be included. Issues such as whether there are children or other family members in Australia whose interests will be affected need to be carefully canvassed and focused submissions need to be prepared in a clear and cogent way.

 

While it seems that there will be no relief in terms of delays in processing, persons seeking revocation of a cancellation know that they will have ample time in which to prepare proper submissions and should use this time to their best advantage.

 

Thursday, 28 January 2016

Visa compliance audit uncovers serious flaws in system

Visa compliance audit uncovers serious flaws in system


An audit of how the Federal Government manages visa compliance was able to find weaknesses in almost all of the programs many areas, which leaves Australia in a vulnerable position to the visitors that have committed or are committing serious crimes.


A review was issued by the Australian National Audit Office late last year and it was able to identify major issues in the organisation. This includes missing records as well as ‘extensive shortcomings.


It was stated in the report that the challenges that face the Department of Immigration and Border Protection should not be in any way underestimated, ”given the extent of the reforms and the longstanding nature of the problems.”


”There are weaknesses in almost all the aspects of the DIBP’s arrangements for managing visa holders’ compliance with their visa conditions,” stated the report. “These weaknesses undermine the department’s capacity to effectively manage the risk of visa holders not complying with their visa conditions – from simple overstaying through illegal working to committing serious crimes.”


A spokesperson for Mr Peter Dutton, the Minister for the Department of Immigration and Border Protection, stated that a taskforce was put together last year to deal with fraud and exploitation that involve temporary visa holders.


The changes in the legislative that took place in late 2014 had also seen visas either being cancelled or refused for more than one thousand visitors, they said in a statement to the ABC.


They also stated that ”the Coalition Government has acted to ensure a firm approach to visa compliance, instituting various measures to strengthen Australia’s visa regime.”


”Measures to improve intelligence and data collection will help ensure people in Australia on visas adhere to their visa conditions.”


Calls for the ‘the dob-in phone line’ to be given a boost.


The Immigration Department has accepted the 4 recommendations which were put forward in the audit, and this included giving the number of calls to “the dob-in phone line” a much needed boost.


A spokesperson for the DIBP said in a statement to the ABC said that important work was well under its way to make improvements on analysis, data collection, intelligence, and storage capabilities.


They stated that ”a new framework is also being implemented to centralise the management of strategic policy, procedural instructions and standard operating procedures” and that “a review of current immigration compliance practices is also currently underway.”


The DIBP has granted over 7.5 million visas in the past financial year, with more than 4.3 millions visas being accounted for by visitor visas.


It was also outlined by the review that there was a rise in the number of people who overstayed their visas since the year 2011.


Almost nineteen thousand people overstayed their visas by anywhere from 1 to 5 years, with more than seventeen thousand overstaying by fiften years or perhaps even more.


New reform in the DIBP was the 3 major change in less than a decade, a period which also saw 3 different secretaries in the department.


Auditors however, found that in spite of the restructure and reform that has taken place, there is still little evidence there is overall improvement, not least as a result of the change that has been ongoing, with initiatives that are not often evaluated or fully implemented.


Source: abc.net.au by Stephanie Anderson

Thursday, 22 October 2015

457 Visas: Employer and employee obligations


457 Visas: Employer and employee obligations

The highly publicised troubles of the 7-Eleven group highlights the need for all employers to be aware of their obligations to their employees, particularly if they are employing foreign workers. The current media attention centres around allegations  that foreign workers were paid at rates lower than should be paid for the type of work being done.

 

All employers are subject to scrutiny pursuant to the provisions of the Fair Work Act; in addition, employers of persons on 457 visas are subject to monitoring by the Department of Immigration and Border Protection.

 

From 1 June 2013, employers engaging or contracting legal workers face significant civil penalties up to $76,500 if it can be established that the employer:

 

  • has allowed the person to work or does not have a visa,
  • has allowed a person to work without a proper work condition,
  • has referred a person to work who falls under the above categories, or, has participated in an arrangement where an illegal worker is allowed to work.
     

Employers who are investigated in respect of any of the above breaches must be able to prove that reasonable steps have been taken to verify that an employee or contractor had appropriate permission to work.

 

Two of the most common ways for foreign workers to be employed in a business are first, via the 457 program or second, as students who hold work rights.

 

Available statistics indicate that as at the end of June 2012 the number of businesses employing 457 Visa holders exceeded 22,000. This represented in excess of 160,000 primary and secondary visa holders, all with work rights.

 

Businesses which employ 457 Visa holders are approved by the Department of Immigration as sponsors, and part of the sponsorship process involves the sponsor agreeing to assume a number of obligations which may be subject to monitoring by the Department. Included in these obligations is an undertaking to ensure that the employed worker is to be remunerated appropriately for the role.

 

It is not necessary to have a sponsorship in place in order to employ students, and therefore no formal monitoring is involved. Nevertheless, businesses employing students are obliged to comply with the law and must verify that the students have proper work permissions. Normally students are permitted to work up to 20 hours a week while courses are in session and full-time during vacation periods.

 

Nevett Ford lawyers are specialised in all areas of migration and can advise you on your obligations in relation to employment of foreign workers, as well as providing migration advice to those wishing to apply for an Australian visa.

 

Sunday, 16 August 2015

Visa Entitlement Verification Online (VEVO)

VEVO stands for Visa Entitlement Verification Online. It is an online system that stores visa information of persons holding Australian visas. VEVO may be used by both visa holders and Australian organisations, such as employers, to check the details and entitlements of a visa.

Visa Holders

Registering in VEVO as a visa holder has many benefits:
    • You do not need a visa label in your passport;
    • You can check your visa details anytime you have internet access;
    • You can check the progress of a visa or citizenship application online; and
    • A potential employer can check your ability to work, reducing the time of the hiring process.
       
You can register for VEVO at the Australian Department of Immigration and Border Protection (DIBP) website.

Australian Organizations

Australian Organizations must be registered in VEVO to use it and must also first get the permission of the visa holder before they can access their visa information.
VEVO is useful in the process of hiring a new employee, enrolling a student in a program or giving someone a licence.
Organisations need an Australian Business Number (ABN) to be able to register in VEVO.

Registered Migrant Agent

Australian migration agents may also use VEVO. However, only those who are officially registered with the Office of the Migration Agents Registration Authority may do so.

Students

Australian educational providers may use VEVO as well. It gives them easy access to check a student's visa entitlements such as how long they may study, if they may work, etc.