‘Aussie or a wog, you can’t be both’: new citizenship laws say you can

Sandra Desira left Australia with her family when she was eight. Her parents had migrated to Melbourne but changed their minds after they missed their home in Malta. Their daughter grew up in Malta missing Melbourne. One day, she thought, perhaps she would return.

However, in 1994, just before Ms Desira’s 19th birthday, the Maltese government instructed her employer to sack her unless she renounced her Australian citizenship. Until then she had been Australian by birth and Maltese by descent. But the Maltese law barred adults from holding dual citizenship. If she wanted to keep her job, she could be only Maltese.

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Chinese torture claims by Australian deportee

A Chinese man who was deported from Australia in April this year has claimed he was tortured after returning to China.

The man known as Mr Zhang had been seeking asylum in Australia since 1997, saying he feared persecution for supporting the 1989 pro-democracy protests and for organising a taxi strike in 1994.

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Australia to establish immigrant assessment centre in India
If you have the right skills and qualifications, you could make Australia home sooner than ever.

The government here is all set to ease out the evaluation of the skilled migrant workers by setting up assessments centres in India and other countries.

Electricians, cable jointers, power line persons, plumbers, motor mechanics, refrigerator and air conditioner mechanics, carpenters, joiners and bricklayers from India, Sri Lanka, South Africa, Britain and the Philippines will benefit from the service.

A consortium led by VETASSESS (Vocational Education Training and Assessment Services), including the state of Victoria and West Australia Technical and Further Education (TAFE) colleges, will assess trade skills of interested migrants in these countries.

Australian Minister for Employment and Workplace Relations Joe Hockey on Tuesday said, ‘The new service means more certainty for migrants and employers. It comes as a result of extensive consultation with industry and state and territory governments.’

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From 1 July 2007, overseas workers must have English language skills equivalent to an average band score of 4.5 in an International English Language Testing System (IELTS) test, unless exempted in certain special circumstances.

Applicants must have higher English language skills where this is required for licensing, registration, or membership of a professional association in their nominated occupation.

Sponsors must still ensure that their employees meet the appropriate skill and English language requirements for licensing and registration and professional association membership in relevant occupations. This is an existing requirement and has not changed.

All applicants will need to detail their English language skills on their visa application form. In addition, applicants may be asked to undertake an IELTS test to demonstrate their English language skills.

Applicants will not be required to meet the English language requirement if;

• their first language is English and they are a passport holder from Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America; or
• their nominated occupation is within the highly skilled major groups 1-3 of the Australian Standard Classification of Occupations (ASCO), comprising managers, administrators, professionals and associate professionals; or
• they have completed at least five years of continuous full time secondary and/or tertiary education at an institution where at least 80 percent of instruction was conducted in English or
• they are to be paid at least a salary specified in a legislative instrument (initially a gross base salary of $75 000 excluding all allowances and deductions).

These exemptions will not apply to applicants who have been nominated for a position that requires English language for licensing, registration or professional association membership.

In every case, sponsors must ensure that overseas workers they employ have sufficient English language skills to complete the tasks of the occupation and to meet their obligations under occupational health and safety and workplace relations laws.

Applications made before 1 July 2007 will not be affected by the change.

The English language requirement will help to ensure workers are able to respond to occupational health and safety risks and raise any concerns about their welfare with appropriate authorities.

Due to a strong economy and unemployment at a 32 year low, some Australian industries are experiencing a temporary shortage of skilled workers.

Access to skilled temporary migrants is a privilege, not a right, any sponsor who abuses this privilege, will face strong penalties.

These changes will further protect and strengthen the integrity of the 457 visa scheme.
(Source: Government Media Release)

From 1 July 2007, overseas workers must have English language skills equivalent to an average band score of 4.5 in an International English Language Testing System (IELTS) test, unless exempted in certain special circumstances.

Applicants must have higher English language skills where this is required for licensing, registration, or membership of a professional association in their nominated occupation.

Sponsors must still ensure that their employees meet the appropriate skill and English language requirements for licensing and registration and professional association membership in relevant occupations. This is an existing requirement and has not changed.All applicants will need to detail their English language skills on their visa application form. In addition, applicants may be asked to undertake an IELTS test to demonstrate their English language skills.

Applicants will not be required to meet the English language requirement if;

• their first language is English and they are a passport holder from Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America; or
• their nominated occupation is within the highly skilled major groups 1-3 of the Australian Standard Classification of Occupations (ASCO), comprising managers, administrators, professionals and associate professionals; or
• they have completed at least five years of continuous full time secondary and/or tertiary education at an institution where at least 80 percent of instruction was conducted in English or
• they are to be paid at least a salary specified in a legislative instrument (initially a gross base salary of $75 000 excluding all allowances and deductions).

These exemptions will not apply to applicants who have been nominated for a position that requires English language for licensing, registration or professional association membership.

In every case, sponsors must ensure that overseas workers they employ have sufficient English language skills to complete the tasks of the occupation and to meet their obligations under occupational health and safety and workplace relations laws.

Applications made before 1 July 2007 will not be affected by the change.

The English language requirement will help to ensure workers are able to respond to occupational health and safety risks and raise any concerns about their welfare with appropriate authorities.

Due to a strong economy and unemployment at a 32 year low, some Australian industries are experiencing a temporary shortage of skilled workers.

Access to skilled temporary migrants is a privilege, not a right, any sponsor who abuses this privilege, will face strong penalties.

These changes are claimed by the Department of Immigration to further protect and strengthen the integrity of the 457 visa scheme.

NOTE: SSASSL no longer applies from September 2007

This revised list commenced operation on 12 June 2007 (And replaced the former list issued 30 November 2006).

It specifies residential postcodes, skilled occupations, relevant assessing authorities and points under the Skilled Australian Sponsored (Migrant) visa under regulation 1.03 and subregulation 2.26B(1) of the Migration Regulations.

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Court says quarrel doesn’t justify visa

The High Court has ruled a family quarrel back in India did not justify an Indian couple being granted Australian refugee visas.

Judges ruled unanimously that the case mounted by a husband and wife, identified only as SZBYR and SZBYS, was not sufficient basis to establish they had a well-founded fear of persecution which would enable them to be granted refugee status.

The judges upheld the finding of the Refugee Review Tribunal that the couple’s claims lacked any connection with the requirements of the Convention relating to the Status of Refugees.

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Foreign workers scheme is slavery, says US
Sydney Morning Herald, June 13, 2007

A US State Department suggestion that conditions for some foreign workers in Australia under a special visa scheme constituted ’slavery’ has been rejected by the Immigration Minister, Kevin Andrews.

‘Unfortunately, the US State Department appears to be ill informed in respect to the purpose of the 457 visa and obligations placed on employers who use the scheme,’ Mr Andrews said.

The US criticism followed media reports in Australia of cases of exploitation, including of women in brothels and workers in restaurants forced to pay large sums to employers who brought them to Australia.

Mr Andrews yesterday defended the work visa scheme as a necessary response to skills shortages in a strong economy with low unemployment. He said there had been a tough official response to violations.While the US State Department lauded Australia’s efforts to combat people smuggling operations, it expressed concern over the treatment of temporary guest workers brought to Australia from India, China and South Korea.

The department’s investigators said they had received reports that for some workers ‘labour conditions amounted to slavery, debt bondage and involuntary servitude. The report praised Australia’s efforts in tackling sex slavery and sex tourism, but said the Government should devote more attention and resources to addressing allegations of labour trafficking, including in connection with its 457 (temporary visa) worker visa program.’

Mr Andrews said yesterday: ‘If there is any allegation of an employer not complying with the law, these claims can and should be reported to the Workplace Ombudsman.’

This included employers demanding repayment of large placement fees, contracts that forbid contact with unions, and sub-standard living conditions.

Australian officials recently acknowledged that of 12,000 current sponsors of the 457 visa program, about 500 had been brought to official attention and scrutinised more thoroughly.

The State Department report looks at all types of human trafficking, from people who are coerced into bonded labour, prostitution and domestic servitude to others enslaved on farms or in factories.

Releasing the report, the US Secretary of State, Condoleezza Rice, said she had noticed a greater commitment from nations to confront and tackle the issue.

‘Many countries are now seeing it for what it is: a modern-day form of slavery,’ she said.

Mr Andrews yesterday pointed to recently announced tougher penalties for violations of Australian labour laws, including minimum pay requirements.

Migration Act

• Migration Amendment (Employer Sanctions) Act 2007 (No. 7, 2007), 21 February 2007

Introduced to impose sanctions and penalties on persons who knowingly or recklessly employ or refer for employment unlawful non-citizens or visa-holders working in breach of visa conditions.

Sanctions include: prison sentences and higher penalties where an illegal worker is being exploited through forced labour, sexual servitude or slavery.

The terms “exploited”, “work” and “allows” [a person to work] are defined.

Commencement date of the schedules containing the offences is “on proclamation” or on 20 August 2007 (whichever occurs first).

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500 visa worker ‘abuse cases’ probed

Five hundred cases of the alleged exploitation of temporary visa workers have been investigated by the Department of Immigration and Citizenship (DIaC) in the past financial year, a senate committee has heard.

The controversial 457 visa scheme allows Australian businesses to import workers temporarily if they cannot fill skilled vacancies locally.

Unions have raised concerns that overseas workers have been taken advantage of under the scheme by unscrupulous employers.

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