what’s news in immigration?

Death caused by unsafe Fosters workplace: court

24 July 2008
Brewing giant Fosters faces fines of up to $2 million after pleading guilty to charges over a workplace death in Melbourne. The court heard many workers at the factory were unable to read the company's standard operating procedures because they did not speak adequate English. more...

We'll say you did the hours

26 July 2008
Officials from the Department of Immigration raided the Swanston Street, Melbourne, offices of Deepak Bajaj, a registered migration agent, last May. Bajaj, who has apparently returned to India, is under investigation after lodging hundreds of applications from overseas students seeking recognition of their qualifications after studying in Australia. The documents under official scrutiny include references saying the students have completed 900 hours of work experience in a restaurant kitchen, printing shop or hairdressing salon. more...

Bogus references help students
26 July 2008
Overseas students are buying their way into Australia using bogus references that back up their applications for permanent residency. Students are paying $5000 or more for a set of documents they require before applying for a trade certificate, a necessary step if they hope to stay in Australia. Under the present system, the references are assessed by Trades Recognition Australia, an authority in the Department of Education, Employment and Workplace Relations. more...

Illegal workers nabbed in Penola

25 July 2008
Four illegal workers located during an immigration operation at Penola in South Australia will be removed as soon as possible, the Minister for Immigration and Citizenship, Senator Chris Evans, said today. `It is the responsibility of employers to ensure they only employ people with the right to work in Australia and severe penalties can apply to people who hire workers who do not have valid visas'. more...

Union visa plan will 'add red tape'

25 July 2008
The federal opposition has called on the government to reject a proposal to have unions vet employers wanting to sponsor temporary skilled migrants, saying it would add red tape and delays for business. The Construction, Forestry, Mining and Energy Union (CFMEU) proposed having employers checked by stakeholders, including unions, in its submission to the federal government on how to improve the 457 visa program. more...

Well-paid foreign workers flock to Australia

23 July 2008
A record number of overseas workers entered Australian on temporary work visas last year, overwhelmingly filling high paid, professional jobs in the ICT and health sectors. The data on s457 temporary work visas, released by Immigration Minister Chris Evans yesterday, shatters the myth of the low paid foreign worker brought to undercut the wages of local staff. more...

Obtaining foreign workers may just have got harder

New regulations being considered by the Federal Government laws in relation to the use of the 457 temporary work visas may make it trickier for small business to meet the costs of accessing foreign workers. The application processes for the 457 visas appear to impose greater costs and more complicated procedures for businesses - which will have the effect of discouraging smaller businesses. Under the new proposals, prospective employers will be responsible for a raft of charges and costs including covering the worker’s travel costs to and from Australia; paying for health insurance or medical costs; meeting the costs of the education of the children of the worker; any costs associated with recruitment and migration agents incurred by the worker and other related costs.

Big increase in 457 visa grants

22 July 2008
More than 110,000 visas were granted under the temporary skilled migration program last year, a 27 per cent increase on the previous year. more...

cases

Rahhal v Minister for Immigration & Anor [2008] FMCA 933
Migration - Visa - Business visa - Temporary Business Entry (Class UC) visa - Subclass 457 - cancellation of visa - application for review of decision of Migration Review Tribunal to affirm decision that Temporary Business Entry (Class UC) visa be cancelled - breach of condition 8107 - work - whether applicant was engaged in work - condition 8107(a)(i) - condition 8107(a)(iii) - company director - condition 8107(a)(ii) - remuneration - discretion - exercise of discretion -fraud - allegations of fraud - whether Tribunal fell into error when it made no finding about allegations of fraud made by the applicant - whether Tribunal failed to consider relevant matters - no jurisdictional error. more...