Laurie Ferguson

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Migration amendment [Visa capping Bill] 2010:what is it all about?

Australian Migration Amendment [Visa Capping Bill] 2010 has been through the Lower House of Australian Parliament last month. It is currently with a committee of the Senate. People have been asked to send their submissions. I understand that people can still send their submissions.

Visa Capping Bill has caused severe anxiety among the International students as it has certain features which may have some serious impact on their chances to be Permanent Residents in Australia. Their anxieties are outlined very clearly in their comments to the National Interest programme of ABC Radio National, anchored by Peter Mares who interviewed Minister Evans. Mark Webster who is an expert in this area and is the chair of Migration Institute of Australia, NSW chapter and Peter Mares had also written summaries on this matter.

Here are the links of this Radio National programme and other relevant write ups.

http://www.abc.net.au/rn/nationalinterest/stories/2010/2918752.htm

http://inside.org.au/capping-and-culling-the-migration-queue/

http://www.theaustralian.com.au/news/nation/death-knell-for-overseas-students/story-e6frg6nf-1225878156303?from=public_rss

http://www.acacia-au.com/general_skilled_migration_changes_8_feb_2010.php

http://www.acacia-au.com/GSM_changes_impact_on_international_students.php

http://www.acacia-au.com/frequently_asked_migration_questions_student_forum.php

http://www.acacia-au.com/Minister_Seeks_Power_to_Terminate_Visa_Applications.php

http://www.acacia-au.com/comments_on_chris_evans_immigration_capping_bill.php

I enclose the link from Dept of Immigration website on this matter too.

http://www.immi.gov.au/skilled/migration-amendment.htm

As we recall, Minister Evans has been saying that Australia wants to have a demand-driven Immigration programme, not a supply driven programme. He has mentioned that we have an oversupply of cooks and hair-dressers. Instead of them, we need doctors, nurses, engineers etc.

To achieve this result, he has done several things. One was to bring out this new Skilled Occupations List [SOL]. Others included putting a temporary freeze on granting Visa from the beginning of May 2010.

Visa Capping Bill is the latest instrument which Minister wants to have it passed by the Parliament. This will give him the power to manage the Skills categories and the types of migrants which are needed in Australia. With this power, Minister can outline “characteristics” of the applicants and apply a cap on the number of Visa given to that category  in a particular year. After that number has reached, all remaining applications are “terminated” as if they have never been made. “Termination” is different from “rejection” because “terminated” applicants will not have a right to challenge that “termination”. The application fees for such applications will be returned but it will not include fees one has paid for migration advice, medicals and other associated expenses.

About 61000 places are available for the General Skilled Migration [GSM] places for the next year. There are already 147000 applicants for GSM in the queue right now and more than 25% of them [38990] are from International students who have completed their studies in Australia. 17594 are cooks and hair-dressers alone. Quite a lot are on bridging Visa, awaiting the final decisions from the Immigration dept. Let me give an example to clarify things here. If Minister Evans picks the characteristic “Cooks” and applies a “Cap” of a certain number [likely to be a small number], then all remaining applicants from “Cooks” category will be “terminated” even though these applicants have been on the waiting list for decisions for years. These “terminated” applicants will have 28 days to leave Australia. This is where the anxiety is coming from.

If you see the comments in the Radio National programme and the submissions to the Senate committee, people have been in Australia for many years. They have sacrificed a lot. They had to arrange huge amounts of finances by taking loans, selling/mortgaging their houses/farms before they came to Australia on a student Visa. Australia allowed them to come and study here. Australian International education was marketed [marketed by those who were involved in marketing on behalf of International education in Australia] with the lure of PR visa because certain courses/trades were in the preferred list which would give them the almost certain chance of getting a PR Visa after completion of their diploma/course/training. Australia was a preferred place for international students because of this link. It is true that Australian Gov itself did not declare this link in a legal sense but this link was clearly used in the marketing. There was a practical link of getting PR after completion of certain courses because those courses were in the preferred list. By the way, it is not a serious argument today that previous Gov was wrong in linking education with immigration. This argument is not going to help the issue at hand.  There is no denying that mismanagement has taken place. Many are now of the opinion that education and immigration should have never been linked.

New SOL has removed many of the low value courses which is a good thing. This will take care of future students. Visa capping bill gives powers to the minister to manage the waiting list of those whose trades are not in demand anymore and are not in the new SOL but whose applications are pending for PR at this point of time. Apparently, there is a massive backlog of >2 years for general skills migration [GSM] applications. Backlog is one thing but Minister also wants to make sure that people with low-value trades are not getting PR and distorting the overall mix of skills which Australia gets from GSM.

Australia has the sovereign power to decide who it will accept as immigrants and what skills it needs. Nobody can have an issue with this inalienable power.

As is true with every power, the powers of this nature should be used judiciously [and Minister admits it himself], keeping in mind the “human consequences” of those who will be affected. Powers of this nature should be used keeping in mind that “these” people came here because Australia allowed them through a smart [or was it?] marketing and they have invested huge amount of money and time in Australia over 4-5 years. We have to be mindful that many of the students and their families back in whichever country they came from will have very difficult times if their “investment” of money and time fails and they are forced to leave Australia in this manner.

If you read the comments as mentioned above, many Ex students are already in the relevant jobs after completing their training. There is no reason why they can’t get the PR. They will suffer too if the power from this Bill is used as they will be in that “characteristic” or “cap & cull” category.

Yes, people can go for PR via Employer Nomination Scheme [ENS] or get PR via State or regional sponsorship scheme  if they can get such sponsorships [SOL does not matter for such sponsorships] but it is not going to be available for most.

The discussion on a topic like this will always bring the question of whether the changes should be prospectively applied or whether it is fair to apply them retrospectively.

Minister Evans has sought this power but has not declared which trades he is definitely going to target. Cooks and hair-dressers have however been mentioned repeatedly. Which “class or classes” will be subjected is not clear but this can be applied to any “class” as there is nothing in the Bill which excludes any “class” on which this “cap and cull” power can not be used. Protection visa is the only exception.

Minister Evans has his justifications for this power but I am concerned about the “human” consequences and with the plight of students. I am visualising very serious difficulties for affected international students and their families with possible impact on their physical and mental health.

When new SOL was declared, I thought the transitional measures were going to be useful for those who were impacted. With Visa capping Bill, it appears that the relief offered by transitional measures may be taken away for at least some trades like cooks and hair-dressers.

What is your view?

Dr Yadu Singh/Sydney/June 11, 2010

http://www.twitter.com/dryadusingh

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Australia India Day [celebrating Australia Day and Indian Republic Day] function:Report

Report

Australia India Day Function

[Celebrating Australia Day and Indian Republic Day]

Held on the 24th Jan, 2010 [6-11PM]

Venue – Ryde Civic Centre, Ryde NSW 2112

 

Australia India Day Function Council celebrated its first Australia / India Republic Day at the Ryde Civic Centre, Ryde on the 24th January 2012.  The program was an astounding success with more than 500 prominent Indians, representatives from over 20 Indian Associations, and star-studded politicians from both the Labor and Liberal parties from State and Federal level attending this event. 

The celebration started with the singing of Indian and Australian anthems, followed by entre which was followed by the first part of the entertainment programme. The guests were welcomed by Harish Velji and the MC was Dr Yadu Singh. Vote of thanks was given by Ms Shubha Kumar.  

At no time in the past 20 years, any function organized by any Indian Association/s had such massive response for such events.  The only limiting factor in getting more numbers to attend the event has been the capacity of the Ryde Civic Centre function hall. 

One of the major aspects contributing to the success of this program was the enormous representation from both the Labor and Liberal parties. ALP took 2 tables and Liberals took 1 table in our function. More than 40 political leaders and party workers from both sides attended the event.  Prominent people from the political leadership included: 

Hon Ms Maxine Mckew [Parliamentary secretary, Fed Gov & representing Prime Minister of Australia], Hon Mr Joe Hockey [Shadow Treasurer, Fed Parliament & representing Hon Tony Abbott, Leader of Opposition in Fed Parliament],Hon Mr David Borger [NSW Minister], Hon Mr Peter Primrose [NSW minister], Hon Ms Barbara Perry [NSW minister & representing NSW Premier], Ms Angela D’amore [Parliamentary secretary, NSW], Hon Mr Laurie Ferguson [Parliamentary secretary, Fed Gov], Mr David Clarke MLC [Shadow Parliamentary secretary & representing Mr Barry O’Farrell, Leader of Opposition, NSW], Mr Phillip Ruddock [Shadow Cabinet secretary, Fed Parliament], Mr Greg Smith [Shadow Attorney General, NSW], Hon Ms Amanda Fazio [President, Upper House of NSW], Hon Ms Tanya Gadiel [Deputy speaker of NSW parliament], Mr Chris Hayes MP, Mr Michael Richardson MP and Mr Shaoquett Moselmane MLC.

Clr Mark Adler – Canterbury Council, Clr Tony Hay – Hills Shire, Clr Barbara Burton – Hills Shire, Clr Vaseekaran Rajdurai – Holroyd Council, Clr Bill Whelan, Hawkesbury Council, and Crl Trent Zimmerman, North Sydney Council also attended this function.

Hon Mr Amit Dasgupta, Consul General of India, Sydney and Mr Gautam Roy, Consul from the Indian Consulate, Sydney also graced this function with their presence.

In a highly emotional and charged up speech, Mr David Clarke [representing Mr Barry O’Farrell] from the Australian Liberal Party, said that if his child goes to India he is sure the parents in India would treat him as their son and look after him.  On a similar manner, he urged that the Australian Moms and Dads to treat the Indian students as their own sons and look after them.  He went on and paid tributes to India and its traditions by saying that ‘India practices what it preaches. 

Ms Barbara Perry [representing the Premier of NSW] spoke eloquently about the contribution of Indian Australians and declared that violence against Indian/international students will not be tolerated. She said that students are very welcome in NSW. She was dressed in Indian attire which people appreciated with enthusiastic applause. She spoke about the interest of NSW premier and Gov in working actively with the Indian Australians.

Hon Joe Hockey, speaking at the function, said the Liberal party is fully committed to its policy of supplying Uranium to India.  Dr Yadu Singh, while responding to Hon Joe Hockey’s speech encouraged the Labor party to consider similar policy and implement it as early as possible. He explained that the issue of NPT is not relevant in case of India after India has been given an India-specific exemption from NPT by the NSG [Nuclear Suppliers’ Group] in Vienna last year.

Ms Maxine Mckew also spoke very highly of India, Indian Australians and multi-culturalism in Australia. She also explained that India and Australia have a great relations and it will get even better despite some hiccups. She was very impressed with the enthusiastic participation of women Indian Australians in this function. Her speech generated a thunderous applause from the audience. 

All the speakers from both the major parties spoke highly of India, Indian traditions, Indian sports – in particular Cricket, and the Indian political landscape, which stood the test of times for more than 62 years since securing independence from the British rule in 1947. All speakers were enthusiastically applauded by the audience.  

The event was also graced by Mr Amit Dasgupta, the Consul General of India.  Speaking on the occasion the Consul General touched on two fundamental issues.  On the issues related to the Indian students the Consul General paid glowing tributes to the NSW Police force and the political landscape of NSW for containing the student issues in NSW.  As a clear indication to vindicate this matter the Consul General said that out of the 1340 attacks on Indian students in 2009, only 13 such attacks occurred in the state of NSW and South Australia – the States which fall under the jurisdiction of Mr Amit Dasgupta.  He further stated that these statistics do not however condone the vast majority of attacks on Indian students that occurred and still occurring in other States.  He urged that the law enforcement agencies and the political parties should work closely in this direction and ensure safety of the Indian overseas students 

On a second major issue, the Consul General spoke about exploitation of the Indian students by Indian business – in particular the food/restaurant industry whereby the restaurant owners pay less than the wages stipulated under the labor law.  He insisted that all business owners must do ethical business.  He further went on to say that ‘I will not attend any function where he is not assured of suppliers to that function follow ethical standards in conducting their businesses’.  The entire hall including all the politicians from both major parties echoed with a big applause. 

The overwhelming response to this event is an indication of the ‘changing times’ and ‘changing outlook’  to the leadership and responsiveness to the current issues and challenges being faced by various sections of the Indian migrant and student community living in the State of New South Wales.  

Surely the representation of more than 40 students from the International Student community is an indication that they want to hear from the leadership and also from the large number of politicians on their views and actions proposed to be taken to address their issues. The Chief of VETAB [Ms Margaret Willis] and her assistant, Mr Shona Tannock and Mr Robert Redfern, Commander, Parramatta Police command [representing NSW Police Commissioner] were present as our guests. Ms Willis’ and Mr Redfern’s presence was meant to send out the message that quality of training and safety of students are 2 key issues in relations with Indian students.

It is noteworthy that students had paid at a very subsidized rate and all others including the organizers, except a very small numbers of VIP guests, had bought the tickets for their participation in the function.

The representation from more than 20 Indian Associations is a clear indication which shows they are bewildered with the current policies and practices, and financial management of our current top associations and leaders. The one fundamental reason for this large support stems from the fact that they found a new leadership in the AIDFC which can respond to the current issues and make representations at both Australian and Indian Government levels with a solid and united voice.   Some of the major Indian organizations who supported the event included the India Club, The Sydney Sangat, Australian Punjabi Business Association, Australian Indian Business Congress, Punjab For Ever, The Australian Tamil Association Inc (ATA), Hindi Samaj and the Aligarh Muslim University Alumni Association (AMU) in addition to others.  

ACR International Tours and Travels added spice to the event by offering one return air ticket through Singapore Airlines for auction.  The auction added nice A$1,000 to the much badly needed money for the ‘benevolent fund project’. Mr Navneet Chaugar was the winner of this ticket. For the raffle draw which helped us collect about $750, the Good Guys offered a Plasma 26 inch TV which was won by Councilor Bill Whelan of the Hawkesbury City Council.  Congratulations to the winners! 

Media-both Indian and Australian, were represented with Indian Link, The Indian, Punjab Times, Hamare Rang [Pakistani] and most importantly, Channel 9 team present in the function. This was the very first time that Channel 9 crew was present in an Indian function.

Many other ethnic community leaders also graced the occasion with their presence.

The Future – the AIDFC Benevolent Fund

AIDFC has made a number of public announcements at the function to the community as a part of its commitment for the future.  Prominent among them is the creation and implementation of the AIDFC’s Benevolent Fund.  We are committed to get this fund going and make a significant contribution to the well being the Indian migrant and student community, our fellow Australian community and finally to our mother country – India.   

Finally we promise you that we will provide you a solid leadership and will representation at various levels.  We will have clean governance in all matters of the AIDFC management – in particular finance management. We will adopt an ‘open book’ approach in all these areas.  Consideration will be given to broaden the current AIDFC to include more Associations, individual members and businesses.  The community will be getting more frequent updates in the coming weeks and months! 

Ghungurus Group of Shalini Patel was the provider of the entertainment programme which was of 50 minutes duration and had the mix of Bhangra and Bollywood songs/dances. Every one enjoyed it tremendously.

Catering was done by Billu Group with great food, dessert and wines.

This function was so well attended and so well done that it has become a matter for the discussion among Indian Australians and the political eaders in NSW and Canberra.

This function has now become the talk of the town.
 
 JAI HO! 

Dr Yadu Singh

President

Australia India Day Function Council (AIDFC)

www.Twitter.com/dryadusingh

www.facebook.com/dryadusingh

www.yadusingh.wordpress.com

Email: singhyadu@gmail.com

31st Jan, 2010