President Barack Obama Comes Out In Support of Gay Marriage - A special ISL News report

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Barack Obama made history as the first sitting President to come out in support of gay marriage.  In an exclusive interview with ABC's Robin Roberts the US president spoke candidly of the evolutionary journey that lead to his watershed decision to say “I do” to “same-sex marriage”.

"I have to tell you that over the course of several years as I have talked to friends and family and neighbors, when I think about members of my own staff who are in incredibly committed monogamous relationships, same-sex relationships, who are raising kids together, when I think about those soldiers or airmen or Marines or sailors who are out there fighting on my behalf and yet feel constrained, even now that Don't Ask Don't Tell is gone, because they are not able to commit themselves in a marriage, at a certain point I’ve just concluded that for me personally it is important for me to go ahead and affirm that I think same sex couples should be able to get married."

The president went on to talk about his children's friends saying, "you know, Malia and Sasha, they have friends whose parents are same-sex couples. There have been times where Michelle and I have been sitting around the dinner table and we’re talking about their friends and their parents and Malia and Sasha, it wouldn’t dawn on them that somehow their friends’ parents would be treated differently. It doesn’t make sense to them and frankly, that’s the kind of thing that prompts a change in perspective."

At the conclusion of the interview Twitter exploded as straight and gay celebrities congratulated the president.  Here’s what they had to say via Twitter:

@TheEllenShow Thank you President @BarackObama for beautiful words.  I’m overwhelmed  Ellen DeGeneres

@janemarielynch Pretty darn happy today. Thanks Mr. President for supporting the dignity of my family and so many others!  Jane Lynch

@alecbaldwin Obama gets it right on gay marriage. Bravo Alec Baldwin

@ActuallyNPH  Bravo Mr President and thank you.  Neil Patrick Harris

@helloross OMG, it’s official! Obama becomes 1st president to support gay marriage!!!  Historic day!   Ross Mathews

@KimKardashian Thank you, President Obama! No more living in the past! Kim Kardashia

@BravoAndy THANK YOU MR. PRESIDENT  Andy Cohen

@UncleRUSH Thank you Mr. President for your support of gay marriage  Russell Simmon

@SandraBernhard Viva Obama who has just endorsed gay marriage.  Right on time drop a dime blow your mind  Sandra Bernhard

@michellebranch YAY Obama!! #EqualityForAll  Michelle Branch

@AudraEqualityMc How many young lives did the President just save saying that he supports them today? #Equality Audra McDonald

@RachelZoe Such an exciting day!!! xoRZ RT @BarakObama “Same-sex couples should be able to get married” – President Obama Rachel Zoe

@ RealLyndaCarter  Well done Mr. President!  Lynda Carter

@fandrescher So proud of our President who showed such leadership & the meaning of American’s freedom 4 all! Fran Dresher

@debimazar Thankyou Mr. President!  Debi Mazar

According to The New York Times, just hours before the president offered his endorsement of gay marriage, his Vice President Joe Biden apologized for airing his own views on same-sex marriage.

Three days prior on NBC’s Meet The Press, Mr Biden told reporters he was “absolutely comfortable” with same sex marraige.  It is believed the VP’s statement forced Mr Obama to reveal his “evolving views”, sending campaign advisers into meltdown.

The Obama administration’s change of course on same-sex weddings comes a day after North Carolina passed a constitutional amendment taking away from gay couples any legal status including marriage or civil union.

You can WATCH the ABC INTERVIEW and READ the full TRANSCRIPT here:

Some political pundits believe what this has done is re-energize the election campaign for the president while galvanizing opponents of same-sex marriage into supporting his GOP rival Mitt Romney.  Others argue, the issue of gay marriage will be less impacting than concern for the economy and jobs.

In the meantime while attending the George Clooney campaign fundraiser Thursday night, President Obama called his endorsement of gay marriage "a logical extension" of his vision for America.

"Obviously yesterday we made some news," said Obama. "It was a logical extension of what America is supposed to be," he said. "It grew directly out of this difference in visions: Are we a country that includes everybody and give everybody a shot and treats everybody fairly?"

 

Immigration Minister Addresses Looming Changes to Australia's "Skilled Migration Program" - An ISL News exclusive

The Hon. Chris Bowen, Minister for Immigration and Citizenship talks about pending changes to Australia's Skilled Migration Program at a recent ILAA CPD Law Conference.

These looming changes to be introduced on July 1, 2012 include a new online service connecting employers with potential skilled migrants while streamlining the route to permanent residency for workers already employed on temporary skilled 457 visas.

DIAC press release on seminars outlining SkillSelect:

DIAC officers will visit Launceston, Burnie, St Helens and Hobart to conduct a seminar on these pending changes.  They will also be available for brief individual appointments with employers and employees to answer their questions about skilled migration.

“Our officers will be available to provide a range of information on temporary or permanent employer-sponsored visa options and the concessions available for regional applicants,” the spokesman said.

The department’s regional visits program enables employers in communities outside capital cities to attend information sessions and to sit and talk directly with an immigration officer about specific issues they may face.

The department has arranged seminars on skilled migration visa options on the following dates.

Launceston
The Tramsheds, 4 Invermay Rd Inveresk – May 14, 11.30am-1pm

Burnie
Room D201, UTAS Cradle Coast Campus, 16-20 Mooreville Rd Burnie – May 15, 9-10.30am

St Helens
Tidal Waters Resort, 1 Quail St, St Helens – May 16, 10-11.30am

Hobart
Department of Immigration and Citizenship, Conference Room, Level 14/188 Collins St, Hobart – May 17, 10-11.30am

People wanting to attend one of the seminars should email outreach officer Stella Cook at outreach.tas@immi.gov.au , indicating preferences.

Those not attending but seeking more information about SkillSelect and the skilled migration program should email outreach.tas@immi.gov.au

ISL NEWS

MIGRANT & REFUGEE EMPLOYMENT EXPO OFFERS JOB ADVICE

Good news for refugees, permanent resident migrants and potential workers with holiday visas; next month Sydney’s Multicultural Community Services will hold a refugee and migrant employment expo.

Event organizers say they’re hoping to attract people looking for work opportunities or brand new career pathways. 

It’s not a job fair as such and employers won’t be there looking for candidates to fill positions, it’s more a “how to find work” expo with tips and information on ways to score good jobs and careers in Australia.

Information will also be available for those with foreign skills and qualifications who wish to utilize their knowledge and expertise in the Australian workforce.

For those still struggling to find work, they will learn much about government financial support networks plus apprenticeships and traineeship options.

If you’re looking for contacts, new careers or advice on applying for jobs, organizers say you should go home armed with valuable information and contact details in various industries.

The one day event kicks off May 22 from 10am to 2pm at the Auditorium, Level 2, Randwick TAFE, King Street, Randwick.

Organizations wishing to participate can contact Vishal Sonule Community Project Officer at: vishals@syndeymcs.org.au

The flyer can be downloaded by clicking here

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AUSTRALIA THE NUMBER ONE EMIGRATION DESTINATION FOR BRITS

Cost of living, bad weather, unemployment and rising crime are among the many reasons 48-percent of Brits would like to leave the UK.

Brits say Australia is their number one destination of choice, followed by the US of A, Canada and New Zealand.

A recent poll conducted for the Sun newspaper also found 6-percent of Brits were actively making plans to leave the country and a whopping 42-percent were seriously considering it.  Cost of living was named by 52-percent as a good reason to get out.

A surprising three in five fear life will be worse for their kids and only 13-percent think it will be better.

YouGov say they polled 1,650 adults and found 11-percent actually listed British people as a major reason for getting out, while 11-percent claimed absolutely nothing could make them leave good ole Blimey.

 Weather scored 37-percent, job availability 31-percent and crime 27-percent.  Britain’s lush country would be missed by 25-percent, the National Health Scheme (NHS) by 19-percent and British “telly” by a merger 10-percent.

 Nothing else about life rated double digits.  Pollution, the environment and standard of living were also listed as good reasons for emigrating.

The YouGov survey also found a marked shift in attitudes to emigration.  While almost half of Brits would consider leaving the nation, just 20-percent say their parents, grandparents or great-grandparents moved to Britain from overseas.

Looking to immigrate to Australia?  Get a step closer at Down Under Live in Birmingham May 26th and 27th or contact Immigration Lawyers Solutions.

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SYDNEY HOSTS THE COMMONWEALTH LAWYERS' ASSOCIATION REGIONAL LAW CONFERENCE

“The Commonwealth Lawyers’ Association (CLA) exists to maintain and promote the rule of law throughout the Commonwealth by ensuring that an independent and efficient legal profession serves the people of the Commonwealth.”

The CLA Regional Law Conference kicked off Friday April 19, at the downtown Sydney Convention Centre and ended Sunday 22, 2012.

For lawyers the 3-day legal forum lent a unique opportunity to learn from leading professionals in various legal fields, as well as judiciaries from around the globe.

Current trends in Corporate & Commercial Law, Human Rights Law, The Legal & Judicial Profession and other contemporary legal topics were high on the agenda with a particular emphasis on Australia and the wider Pacific region.

Boma Ozobia, a dynamic legal professional with over 24-years experience in international and commercial law, headed the Commonwealth Lawyers Association.  Ms Ozobia is the first woman of colour to hold the presidency.  She also made legal history when she became the first woman of a minority ethnicity to be nominated to the national Chair of the Association of Women Solicitors in the UK.

Dato Cyrus Das, Honorary Life President of the Commonwealth Lawyers Association, chaired the Rule of Law & the Commonwealth Principles – Terrorism Emergency Laws & Human Rights session.  Australia’s Attorney General Nicola Roxon and Andrew Lynch, Professor in the UNSW Faculty of Law spoke at the session.

Lynch a leading expert in matters of public law and counter-terrorism legislation is the co-author of the book: What Price Security? Taking Stock of Australia’s Anti-Terror Law and co-edited of Law and Liberty in the War on Terror.

Consulting Lawyer for Wikileaks founder Julian Assange flew in from London for the 3-day legal conference. On the opening day Jennifer Robinson presented at the: Lawyers On the Front Line session. 

In an impressive legal presentation the human rights attorney discussed “cablegate” and Mr Assange’s exhausting legal battle against extradition to Sweden where he is to face sex crime allegations.

Prior to take off from the UK, Ms Robinson discovered she had been placed on an “inhibited list” which prevents passengers from flying without the OK of London based Australia House. Attorney General Nicola Roxon who was present at the Sydney Law Conference later denied knowledge or involvement of any temporarty travel restrictions. 

During the latter part of the session during a brief Q & A chaired by Dato Cyrus Das, Ms Robinson directly addressed speaker Nicola Roxon, questioning her about the Heathrow incident as well as the plight of Julian Assange. 

On Sunday prior to the 1pm close Andrew Khoo Chin Hock Chair of the Bar Council’s Human Right Committee Malaysia was one of two speakers at the Freedom of Movement, Refugees & Economic Migration session.  Khoo is a champion of undocumented migrant worker and illegal immigrant rights in his country and fights tirelessly for a staggering overflow of Myanmar asylum seekers still battling for refugee status in Malaysia.

A gala dinner was held Saturday night to celebrate the gathering and a rousing 1pm close Sunday ended the 3-day law forum.

Next year the 18th Annual Commonwealth Lawyers’ Association Conference meets in Cape Town, South Africa April 14-18, 2013.

Australia's Polarized Asylum Seeker Debate - An ISL News Exclusive

Paul Power, CEO of the Refugee Council of Australia and Anne O'Donoghue, MD and Principal Attorney of Immigration Solutions Lawyers spoke exclusively to ISL News on Australia's polarized asylum seeker debate, home detention and political parties unable and/or unwilling to find real and lasting solutions.

United Nations refugee chief Antonio Guterres told a Sydney audience at Lowry Institute recently that Australia's obsession with asylum seekers arriving by boat was ''out of proportion'' and urged the debate be conducted in a "less polarizing manner".

According to UNHCR, even the world's most desperate people appear turned off by the idea of seeking asylum in Australia.  Last year the number of asylum seekers soared 20-percent to more than 440,000 worldwide; while the number arriving in Australia fell by 9-percent to 11,500.

A UNHCR official says this puts to rest the misconceptions that Australia is being swamped by asylum seekers and shows, the numbers are modest and manageable when compared to other industrialized nations.

Opposition immigration spokesperson Scott Morrison disagrees claiming Australia had the biggest number of boat arrivals on record over the summer.

As the Refugee Council for Australia points out, countries receiving the largest number of claims are the United States, Germany, France. Italy and Sweden... with Australia way down on the list at just 2-percent.

 

Remembering His Holiness Pope Shenouda lll - A Papal and Political Leader in Middle Eastern Affairs

A former Irish Ambassador shares his personal memories of the late, great Pope Shenouda lll – His Holiness, a recipient of the UNESCO Singh Prize for promoting understanding between Christianity and Islam remained a strong proponent of religious tolerance and interfaith dialogue.  He was also a supporter of the Palestinian people.

The sometimes controverial religious leader banned members of his congregation from visiting Christian sites in Israel claiming Christians should only go to Jerusalem hand in hand with Muslims once the conflict between Israel and Arab states was resolved.

Richard O’Brien former Irish Ambassador to the Republic of Egypt from 2002, concurrently served as Ambassador to Jordan, Lebanon, Syria and Sudan; below is his written account of a spiritual leader he grew to respect and admire:

Photography: Michael Selman

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H.H._Pope_Shenouda_III_smiling_while_giving_a_word.jpgI well remember the first time I had the privilege of meeting His Holiness Pope Shenouda III. He had granted me a private audience soon after my arrival in Cairo in late 2002 to take up my appointment as the Ambassador of Ireland to Egypt, Jordan, Lebanon, Syria and Sudan. He was warm and welcoming as he recalled his visit to Ireland in the late 1970s to consecrate a new Coptic Church south of Dublin - part of an ever expanding diaspora - and his meeting with the then Irish Taoiseach (Prime Minister) Jack Lynch - 'a true statesman when your country needed him'.

We talked of Ireland - North and South - the peace process and economic development - the Middle East - the Israeli-Palestinian conflict and the then impending war in Iraq. But mainly we spoke of his beloved Egypt - the modern nation and the ancient civilisation - of religious toleration, interfaith dialogue and the ecumenical movement - he spoke at length of his native land - of his hopes for the place and the people who were foremost in his heart. 

Throughout our conversation I was conscious of the fact that I was in the presence not only of the successor of St. Mark the Apostle, St. Athanasius the Apostolic and St. Cyril the Great but also of the author of much of the modern day renaissance of the Coptic Orthodox Church.

Pope Shenouda was first and foremost a person of profound faith - a distinguished theologian - an inspiring orator - a gifted writer - a spiritual father of his people - and intensely a man of God. He reminded me that having served in the Egyptian Army he had begun his priestly ministry in the solitude of the Egyptian desert - in the demanding austerity of monastic life. However, he was soon called by Pope Cyril VI to take charge of Coptic Education and to become President of the Coptic Orthodox Theological Seminary. He brought dedication and depth to both of these major responsibilities - under his leadership there was a renewed interest in Coptic learning - the curriculum in schools was transformed and the number of monasteries increased. And then on 14 November 1971 he was called to a higher service when he was consecrated as the 117th Pope of Alexandria and Patriarch of the See of Saint Mark.

From that time on he became a very public figure - the highly charismatic leader of his people - who never hesitated to intervene when the issue was important - to speak clearly when the cause was just - and to act courageously when the time required it.

Throughout his entire Papacy he was confronted by controversies he did not seek but which his sacred office required that he could not ignore. He became Pope at an especially challenging time for all Egyptians - their country was still emerging from a series of debilitating conflicts - the Suez Crisis of 1956; the Arab Israeli War of 1967; and, the October War of 1971. He worked hard with others across Egyptian society to restore confidence in the community and to unite the social fabric of the nation.

As the Coptic Pope he became the leader of a religious minority in a country where it had once been a majority - the leader of a religious tradition that has had a profound influence on the culture and philosophy of the Middle East - and the leader of a religious community that continues to contribute to the vibrant life of modern Egypt - as its members combine their rich Arab traditions with their own Christian distinctiveness.

Indeed, in many respects the Coptic Church is at the forefront of those Christian communities who are challenged to contribute the wisdom and insights of their faith to societies that are in profound transformation - as is now the case in an Egypt challenged by the opportunity to correct the structural imbalances of the past and to create a new democratic - transparently accountable and publicly responsive - constitutional order. There is no doubt that Christians in Egypt - like other Christian communities across the Middle East - will be both elated and anxious about the onset of the 'Arab Spring'. They will be elated by the promise of freedom - of responsible and responsive government - as well as of the end to submissiveness and manipulation - among the inevitable consequences of authoritarianism and dictatorship. They will also be anxious and apprehensive since their fate - how their rights and role are respected - will be a crucial barometer in measuring how successful the Arab Spring will have been in bringing into existence a new order which aspires to cherish all the members of the Arab family.

That apprehension is of course reinforced by the fact that the twentieth century was not kind to Christian communities across the Middle East. It is a region in which Christianity could not have the advantage of nationality - indeed if such is ever an advantage. However, the one-time Christian majority in Lebanon is now a minority - the number of Christians in Syria has halved - substantial numbers of Christians have left Iraq and Iran - an estimated 230,000 Christians have left the Holy Land since 1948 and the Christian population of Jerusalem which was then reportedly 30,000 has now declined to some 5,000. In the case of Egypt it is presently estimated that some 12% of the members of the Coptic Orthodox Church live beyond its borders - mainly across Europe, in the United States and Canada and here in Australia. Since the beginning of the Arab Spring it is said that some 350,000 Coptic Christians have moved abroad - again a number have been welcomed in this Great South Land under the Southern Cross!

Throughout all of these turbulent times Pope Shenouda was ever to remain an unwavering prophet of hope - constantly advocating engaged citizenship - staunchly dedicated to interfaith dialogue - and deeply committed to the relevance of Coptic Christianity. His was a vision that was not always easy to realise nor was it universally accepted. There were to be many moments of tension and disagreement. Despite his strong encouragement the numbers of Copts in high public office - and in Parliament - began to decline - although there were some outstanding exceptions including the former Secretary General of the United Nations - the renowned Dr. Butros Butros Ghali. In more recent years there were the tensions with fundamentalist - and later militant - Islam which occasionally spilled over into violence.

I was in Alexandria in late 2005 and saw the aftermath of the anti-Coptic riots that had erupted some days earlier in Egypt's foremost Mediterranean City. It was Egypt's worst outbreak of sectarian violence in many years - a stark reminder of the religious tensions lurking just beneath the surface of a society under stress. Again the Pope was at the forefront of efforts to restore calm in a joint message encouraging dialogue and understanding with his good friend Sheikh Mohamed Sayed Tantawi - Egypt's Grand Imam.

During the previous year the Irish Embassy in Cairo had assisted the inspiring and immensely energetic Anglican Archbishop of Egypt - the Most Reverend Mouneer Annis - to organise the visit of an Ecumenical Mission from Ireland to Egypt which included Dr. John Neill - the Church of Ireland Archbishop of Dublin - and Dr. John McAreavey the Catholic Bishop of Dromore.  The Delegation was warmly received across Egyptian society - including by the then Egyptian Foreign Minister Ahmed Aboul Gheit when both sides firmly rejected the suggestion of a growing 'conflict of civilisations' - by the then Secretary General of the Arab League Amr Moussa (now a candidate for the Egyptian Presidency) who discussed the war in Iraq and the role of interfaith dialogue in conflict resolution - by the Grand Imam and the Grand Mufti who talked about the growing Muslim communities across Ireland and their contribution to interfaith understanding - and by the Catholic Patriarch who interrupted his annual retreat to meet with the Irish Delegation.

All of these meetings were impressive and important, but I recall the meeting with Pope Shenouda - especially at this time - with great affection and respect. Once more I came away with a renewed understanding of his commitment to dialogue - international and local - interfaith and ecumenical - as well as of his engaging sense of humour. He clearly rejoiced in the strong relationships that had developed between the leaders of Egypt's religious traditions and equally longed to have that same spirit permeate across all sectors of Egyptian society. He was happy to have been the first Coptic Pope to visit the Holy See in 1500 years when in 1973 he journeyed to meet Pope Paul VI in Vatican City and together they provided a unique impetus to the dialogue between the Roman Catholic and Coptic Orthodox Churches. It was also clear that he was a man devoted to peace who had stood apart - and suffered internal exile for doing so - from the terms of the Egyptian-Israeli Peace Treaty - because of the unresolved issue of Jerusalem - but it was clear that he continued to long for a comprehensive regional agreement that would secure Palestinian rights, the future of refugees, the finalisation of borders and the status of settlements.

His Holiness died on this St. Patrick's Day - 17 March - at the age of 88. His was a Papacy of more than four decades. Since the moment of his passing he has been greatly mourned and he will continue to be profoundly missed - for he has left his mark on history. The person who more than anybody else personified the insistence of Coptic Christians for parity of esteem and equality of citizenship in their own country is no longer with them. Pope Shenouda and his Coptic Orthodox Church lived together through times which - in the words of Shakespeare - were often "winnowed with so rough a wind". The search will now begin for his successor - a person who will have to meet the complex challenges of the present and look the future - inspired by Pope Shenouda's wisdom and confidence - as Egypt continues its journey towards embracing a new constitutional settlement amid all the turbulence of a revolutionary transformation - "the birth pangs of a new era".

Major Reforms to Australia's Migration Program Effective July 1, 2012

Kruno Kukoc - First Assist. Sec. Migration and Visa Policy Div. addressing the 2012 CPD Immigration Law Conference - Friday March 9, 2012, hosted by the Immigration Lawyers Association of Australasia (ILAA).  Below is a detailed and authorized transcript of pending reforms to Australia's Migration Progam.  These changes go into effect from July:

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It is a great pleasure to have the opportunity to speak with you this morning.  I would like to thank the Immigration Lawyers’ Association of Australasia, particularly Maria Jockel, for the invitation to speak today. I would also like to acknowledge the traditional owners of the land.

I am sure that many of you will note with interest the reforms to the permanent Employer Sponsored category announced by the Minister in his address this morning. This announcement caps off almost 12 months of work within my division to examine the program settings of this category.  

The aim of this work was to ensure that the Employer Sponsored category aligns with the government’s priorities of addressing skill shortages within critical occupations, while ensuring that migrant labour complements, and is not a substitute for Australian workers.  

In line with the government’s social inclusion agenda, we sought to ensure that temporary migrants, who have come to Australia to fill critical roles, have a pathway to permanent residence.  Such an approach provides eligible 457 visa holders, with an ongoing role in the workforce and greater certainty for themselves and their immediate families. I am confident that the reforms agreed to by the government, and announced by the Minister today, will achieve these aims. They will position the employer sponsored programs to make a greater contribution to Australian economy and productivity in particular.

There will be a plenary session immediately following morning tea which will discuss the practical implications of these reforms. Some of my team members, Peter Speldewinde, Michelle Pearce and Elizabeth Carter, will be on the panel for the plenary.   

To avoid incurring their wrath by covering their topics, I thought that I would take a different tact. I would like to use this opportunity to outline some of the issues we face in administering the temporary and permanent programs. I will also update you on other reform measures being implemented by the department.

The importance of a responsive migration program

As the Minister mentioned in his address, migration policies can have profound effects on Australia’s prosperity and economic and social outcomes.   

This is evident when you look at Australia’s experience over the past 15 years.  During this period, Australia has had increasing migrant intakes, and a growing number of long-term temporary residents with work rights.

Over the same period, you will also note that we have had consistently low levels of unemployment.  We have also had above-trend growth in living standards across the entire income distribution. Certainly, on historical experience, migration must be making a positive economic contribution to Australia.

The correlation between these two observations is not incidental.  Migration has a direct effect on the three key factors which can impact economic growth – population, participation and productivity.

Firstly, migrants add to the population.  Given that the migrants are, on average younger than the Australian born population, they lower the average age of our workforce.  This has a positive effect in lowering the age-dependency ratio.   

Secondly, migrants entering through our skill stream categories, particularly through employer sponsored categories, have participation rates higher than the Australian average.

Thirdly, skilled migrants alleviate skill shortages in critical occupations and industries.  This contributes to improved productivity outcomes and effectively addresses bottlenecks across the economy.

Well managed migration, therefore, greatly enhances Australia’s economic prosperity over the long-term.  But just as the economy changes over time, so must our migration policy settings.  Particularly with new industries emerging and others in decline. For example, 15 years ago, our resources sector was much smaller than it is today.  Its skilled labour demands were primarily met by the domestic labour force. 

Today, however, with employment within the resources sector growing at around 10 per cent each year, its skilled labour needs are far in excess of that which can be met by the Australian workforce.  This trend precipitated the need for the creation of Enterprise Migration Agreements, which streamline the recruitment of offshore workers into this strategically important industry.

Our skilled migration settings therefore need to be dynamic and responsive to the needs of our economy. They need to be underpinned by a solid understanding of the current economic climate. They need to accommodate projected future trends.

From my regular interaction with stakeholders of the migration program it comes across clearly that regular reviews can create some degree of uncertainty. Indeed, our democratic system, and our free market economy are arguably underpinned by the concept of legal certainty. So I agree that certainty in migration law is a good thing. But ‘certainty’ should not be confused with ‘familiarity’, and the dynamic nature of migration law will always mean that there will be a need for migration advice professionals to undertake continuing professional development (CPD).  It is also why one of the highest priorities of my Division is engagement and communication with our stakeholders.  In this regard you will note that speakers from the Department have a strong presence on the agenda for this conference.

Meeting Australia’s unique skill needs through a flexible program

A key theme of my speech is that that Australia’s migration program needs to be responsive to the changing needs of the economy.  We have been through a series of landmark reforms to help achieve this.  Beginning with the 457 reforms of 2009, to the implementation of the Skilled Occupation List in 2010, to the new points test in 2011 and now to the introduction of SkillSelect in mid-2012. 

With this reform agenda in mind, I would like to briefly discuss the need for our migration settings to be flexible and responsive to the needs of the labour market at each stage of the business cycle.

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At present, global uncertainties continue to dominate our economic outlook. The World Bank downgraded longer term world growth forecasts earlier this year.   However, much of Australia’s economy continues to grow at an above trend rate. Our economy is located in one of the fastest growing regions of the world. It remains resilient despite the on-going challenges in Europe and North America.

It is also fair to say that Australia’s labour market is diverse, both in the geographical context and in a skill distribution context. Our multi-speed economy means that while skill shortages continue to plague many industries, particularly in regional Australia, other parts of the economy have been experiencing negative or stagnant employment growth. This is due to the pressure of a high Australian dollar, growing overseas competition and the structural changes occurring in our economy. As can be seen from this chart, employment growth has not been evenly spread across all industries. While DEEWR expects positive growth in most industries, there is still much discrepancy in the rates of growth and supply of domestic labour to these industries.   

Having a flexible, demand driven program is crucial if we hope to harness migration to supplement the domestic labour force to meet our labour needs.

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This flexibility is the hallmark of our employer sponsored programs.  

These programs have been very responsive in meeting employer needs.  This is especially the case in industries and regions experiencing strong growth and critical skill shortages.

To illustrate this point, it is worth looking at the distribution of 457 workers in the growth construction and mining industries.  As can be seen from this table, some 8 per cent of all 457 workers are employed in mining, 13 per cent are employed in construction, and 14 per cent areworking in health care and social assistance industries.

As can be seen, the demand-driven nature of the Employer sponsored programs means that they are very efficient in supporting industries with critical skill needs.

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Just as importantly, migrants are filling positions in locations where they are needed.  As can be seen from this graphic which illustrates the distribution of 457 applicants, a large number fill positions in regional  areas of Australia, with especially high representation in the resource and mineral rich regions of Western Australia, the Northern Territory and Queensland.

These demand driven visas essentially let the market determine the number of migrants and skill sets entering Australia.  However, the department is still responsible for maintaining the integrity of these programs.

We also need to ensure that processing times enable employers to source labour within an appropriate time frame. Likewise, the department has a role in ensuring that our programs do not compromise
conditions for Australian workers.  The payment of market rates for 457 applicants, and now Employer Sponsored applicants, is a prerequisite for sponsoring these workers.   Program integrity is absolutely essential to the success of our programs. This is not just because of the reasons that I have outlined above, but also because public confidence in the integrity of the migration program is essential.  

Program Integrity

Indeed most of the reforms in recent years have had, at their heart, a focus on restoring integrity.  Major reforms in 2009 to the 457 temporary skilled worker program struck a balance between streamlined processes for reliable sponsors, protecting the rights of overseas workers and not undermining employment and training opportunities for Australians.  Overseas workers cannot be used as a source of cheap labour, or to undercut Australian employment conditions.

The department has also made significant improvements in the time taken to process 457 visas. In fact, the median time to process a ‘decision ready’ subclass 457 application has almost halved in the last five years and is now around 19 days.

Likewise, the reforms to the General Skilled Migration (GSM) program in 2010 were largely driven by a need to strengthen our integrity measures.  Unlike the 457 reforms of 2009, the concern was not about migrants being exploited, but rather about our skill migration stream not delivering the type of skilled migrants our economy needed.

4.pngAs most of you would be aware, the period preceding reforms to GSM was characterised by a spike in th number of international students coming to Australia. This growth was sudden and unusual. It was partly driven by incentives provided within our migration settings rather than the benefits of study in Australia.

Specifically, the generous concessionary points afforded for onshore study under the Points Test, and the expansion of the Skilled Occupation List to include ‘easy to obtain’ courses, provided an easy pathway to permanent residence.

These policy settings led to a situation where many international students were coming to Australia, and basing their course of study, with a view only of achieving an immigration outcome.

Eventually the number of international students in Australia with expectations of a permanent residence outcome completely overwhelmed the capacity of our capped annual permanent migration program. 

The integrity to our skilled migration program was restored by breaking the automatic nexus between study and permanent residence.  With non-educational pull factors removed, the number of non-genuine students fell.

None of this detracts from the fact that under our new student visa and skilled migration arrangements there may be a possible (and wholly positive) immigration outcome following genuine study. But such an outcome is certainly not guaranteed and will be driven by genuine labour market needs. Therefore the principal reason for entry on a student visa has to be for study.

Recent reforms under the Knight Review, such as the introduction of a Genuine Temporary Entrant criterion, reinforce these important integrity measures.

It is important that as a department, we stay on top of our programs.  For this reason we continually review our programs and their outcomes.

LTMPF and other Divisional work

I can’t say that further reviews will not be necessary in the future. I will say, however, that I think that we have our program settings just about right for the foreseeable future.   Our skilled migration program is more responsive to the needs of employers than ever.  It also provides a framework which fundamentally protects migrant workers and Australian jobs.

Our migration policy settings provide levers to control the size and composition of our migration intake, and be responsive to business needs.

In recent years, the department has invested heavily in improving its analysis of current programs and the economy.  Indeed, the outcomes of the recent review are, to a large extent, a result of this work.  

My division is currently preparing the first ever Long Term Migration Planning Framework (LTMPF) which is planned for publication later this year. The LTMPF will enable the government to take a more strategic, long term view of our permanent and temporary migration policies and settings. The development of a LTMPF will enable us to better map the linkages between our programs and the economy.

A big part of the LTMPF is the Net Overseas Migration (NOM) forecasting, which we have been publishing now on our website for about a year. Another big part is future labour demand modelling, which is not yet published, but which will appear in the LTMPF when it is publicly released.  

Our current NOM forecasts show that NOM has stabilised below 200,000 in recent years. The ABS preliminary NOM estimate for June 2011 is 170,300 and our forecast for NOM at June 2012 is for 186,700. This is well below the 315,700 experienced in June 2008.  You will recall this was at the time that ourpopulation debate began to emerge.  The current NOM estimates and forecasts are within the ideal range for GDP per capita growth and for addressing our long term demographic challenges.  

On top of this work, the department continues to work towards a simplified and deregulated visa framework.  The department aims to reduce the number of temporary work visa subclasses by 50 per cent this year.  This is followed by an overall reduction of 50 per cent across all visa subclasses by 2015.  My division is also close to finalising the review of the Business Skills visa program.  This review addresses number of integrity concerns in the caseload, which have arisen under current policy settings. 

Recent analysis by the department has shown that this program is not introducing the intended high value innovation.  We expect to see the outcome of this review in the coming months Out of these reviews, across all of our programs, there is a clear message - in order to maintain the integrity of our migration processes, the rules and procedures cannot be static.

Conclusion

Historically, Australia has experienced high growth and economic stability even in times of global economic downturn. It is important, however, that when setting our Migration Program and developing our policies we are aware of external influences on our economy. 

We need to provide opportunities to our domestic workforce above all else.  We need a migration program that complements, rather than competes with, Australians and the skills that we already possess.

We need to be conscious of current needs and future trends. Our programs, both temporary and permanent, must remain flexible in order to do this. Outcomes show that demand driven programs do work. And while we face new challenges, the more we let the market select our migrants, while maintaining integrity, the more we can provide Australia with the best migration program possible.

ILAA address at CPD Law Conference Sydney March 10, 2012 - Delivered by Paul Power, CEO Refugee Council of Australia

Paul Power, CEO Refugee Council of Australia addressed the Immigration Lawyers Association of Australasia breakfast meeting March 10, 2012 at the 6th annual CPD Law Conference.  His focus was on asylum seekers, detention centres and a divisive political debate.  Below is an authorized transcript of that speech.

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Two weeks ago I had what has probably been the most positive experience of my six years as CEO of the Refugee Council of Australia. For the 12 months to July this year, Australia is chairing the international dialogue on refugee resettlement which brings together governments and NGOs from resettlement states and senior officials of the United Nations High Commissioner for Refugees (UNHCR) and the International Organization for Migration (IOM).

This dialogue largely focuses on issues relating to the selection and preparation of refugees for resettlement but I suggested that Australia should put on a sharper focus on the post-arrival support of refugees by hosting a meeting of the Working Group on Resettlement in Melbourne. This group had never met before outside of Europe or North America. Despite some initial concerns that few people would come to Melbourne because of the distance and cost, the meeting attracted 87 delegates from 18 countries – government, NGO and UNHCR people involved in senior management roles in refugee resettlement programs.

The meeting was chaired by Jim O’Callaghan from the Department of Immigration and Citizenship and co-chaired by me, and was organised with an impressive level of cooperation from people in various government and non-government organisations. We organised two days of site visits to refugee settlement programs in Melbourne, Geelong and Shepparton, showing examples of good practice of support services for on-arrival orientation, housing, health, education and employment. We explained how different levels of government work with the non-government sector and with business. Visiting delegates met many former refugees involved in all aspects of the support of new arrivals and heard how feedback from, and the involvement of, former refugees had been critical to incremental improvements to services over the past 65 years. The two-day formal gathering which followed discussed different approaches to support services, multiculturalism and the contribution of former refugees to their new society.

I was expecting that the gathering would create a great deal of energy and interest but the feedback from the visiting delegates was even more positive than I had dared to hope. The gathering confirmed that, while we all know that there is room for improvement, Australia has the most comprehensive and sophisticated systems of support for resettled refugees anywhere in the world.

But while the visiting delegates were effusive in their praise of our settlement support services for refugees, they were also asking questions in the meeting breaks and over lunch and dinner about the political debates about asylum which were being reported in the media. How is it that so many asylum seekers are in detention? Are recognised refugees with adverse security decisions really left in detention indefinitely? Is the debate about flows of asylum seekers to Australia really only about six or seven thousand arrivals per year? Aren’t Australians aware of the numbers of asylum seekers flowing from the Horn of Africa to Yemen, from North Africa to Europe or from many countries into the United States and Canada? Is the Opposition serious about suggesting that boats be turned back to Indonesia? Does anyone in the Government consider international law when looking at its detention policies?

People centrally involved in their own national debates about refugee policy in their countries in Europe and North America still have difficulty understanding why the Australian national debate about asylum is so high-profile, so divisive and is so disconnected from international refugee needs. The UN High Commissioner for Refugees, Antonio Guterres, is a highly skilled diplomat. But he had to acknowledge during his visit to Australia last month that he found it hard to share Australian politicians’ concerns about the small numbers of asylum seekers arriving by boat to this country when he compares it to the scale of humanitarian needs he sees in many other parts of the world.

The needs of refugees and asylum seekers seem to bring out the best and worst in our national character. The question for Australians who are upset by the unacceptability of policies which hurt asylum seekers is: How do we respond? What positive steps can we take to reclaim the initiative on refugee policy?

Recently I met the Melbourne filmmaker Robin Hughan to discuss her current work with refugees in South-East Asia and the meeting prompted me to look again at the film she released in 2008 called “A Nun’s New Habit”. It tells the story of Sr Carmel Wauchope, a nun in her seventies who, after a lifetime in schools and community work in rural South Australia, felt she could no longer remain silent when she saw the crushing impacts of long-term detention on asylum seekers. Whyalla, Port Augusta and Port Pirie are not known as centres for political action but members of the Christian communities in those towns became very actively engaged in visiting and supporting asylum seekers in Woomera and Baxter detention centres and in advocating for change with Federal Parliamentarians – as did people in many other suburbs and towns across the country through movements such as Rural Australians for Refugees, the Circle of Friends in South Australia and through countless community and faith-based groups.

The unacceptability of Australia’s treatment of asylum seekers and the provocative way in which asylum issues have been debated by political leaders have encouraged many people who would otherwise be inactive politically to speak up about the wrongs that they see.  This is even noticed at international meetings organised by UNHCR in Geneva where I’m regularly asked why Australian NGOs are so active, so organised and so vocal. To understand this, you have to go back 10 to 12 years ago to a time when Australia’s then Immigration Minister was regularly participating UNHCR meetings in Geneva to promote his government’s detention policies and its new Pacific solution. In response, NGOs had to get organised to publicise the damaging nature of these policies, to let the world know of the suffering of asylum seekers in Australia and to make clear that many Australians opposed these policies. Today, Australian NGOs are centrally involved in international alliances to raise issues of detention and refugee rights well beyond Australia’s shores and have played an important role in supporting refugee representatives, particularly refugee women, to take their concerns directly to international decision makers in Geneva.

Other Australians respond just as effectively but in a quite different way. Brad Chilcott, a Pentecostal pastor in Adelaide, last year saw the need for a non-political response to the never-ending political debate about asylum. He formed Welcome to Australia, a community initiative which engages Australians in cultivating a culture of welcome in our country. Brad believes there are thousands of Australians who don’t care much for politics and don’t know much about immigration policy but do know that they care about people. His organisation promotes parties and local gatherings of welcome for new arrivals, sharing of stories and is promoting the idea of street walks of welcome in Refugee Week this year.

Some of the most effective responses to the inequities of Australia’s asylum policy have come from people such as yourselves – practitioners in immigration law. In the past 18 months, we have seen three vitally important High Court judgements which have resulted from highly effective pro bono work from talent lawyers. In these judgements, the High Court has determined that:

  • procedural fairness must be applied to all asylum determinations, even those decided under the excision provisions of the Migration Act;
  • under the Migration Act, Australia cannot forcibly remove asylum seekers to a country which does not provide protections for refugees under domestic or international law;
  • unaccompanied refugee minors cannot be excluded from family reunion because they might turn 18 before the Immigration Department finally determines their family reunion application.

Work by lawyers on behalf of asylum seekers is so vital that I would encourage you, if you are not already involved, to explore how you might assist. People in this room know far more about this than I do. However, there are opportunities for lawyers to get involved in working with IAAAS providers in the vital work of visiting remote detention centres to provide legal advice and representation to newly arrived asylum seekers. There is a great need for lawyers to provide pro-bono assistance to asylum seekers seeking judicial review of asylum determinations. And we need lawyers who are prepared to explore possibilities for running test cases aimed at restoring rights to people seeking protection from persecution.

When we consider current Australian refugee policy, we do live, to borrow a line from Charles Dickens, in the best of times and the worst of times. As I have outlined, it is possible simultaneously to be very proud and deeply embarrassed by different aspects of our national policy. But we have many examples around us of people who were not content to do nothing in response to additional suffering inflicted on asylum seekers in Australia. It is our choice whether or not we join them.

2012 CPD Immigration Law Conference - Keynote Address by The Hon. Chris Bowen MP Minister for Immigration and Citizenship

On Friday March 9, 2012 The Hon. Chris Bowen MP delivered the keynote address at the 6th annual CPD Immigraton Law Conference - ILAA (Immigration Lawyers Association of Australasia).  His address focused on changes to the skilled migration program and the employee sponsored Visa program plus the Government's anticipated outcomes.

Below is an authorized transcript of the minister's speech:

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I had the honour of addressing last year's Immigration Lawyers Association of Australasia conference.

A lot has happened since then and it's good to be back to give you an update on progress over the last year in relation to our reform of skilled migration.

The last few years have been a period of significant reform when it comes to skilled migration.

We've embarked on a series of reforms to make sure Australia's two-speed economy gets maximum advantage from what is a very significant program.


Skilled migration reforms

Back in 2009, under the stewardship of my predecessor, Chris Evans, we reformed our temporary skilled worker (457) program to make this program more responsive to the business cycle, better protect vulnerable workers and complement local training and employment opportunities.

Because the 457 visa program is our principal and most effective response to skill shortages, last year the Government spent $10 million opening up a new dedicated processing centre in Brisbane, designed to halve the median processing time for complete 457 visa applications.

I am pleased to say that, according to our latest figures, the median processing time for all applications this year has been reduced by 53 per cent on the average processing time when we came to office. It is now 19 calendar days.

Of course, as a median figure, this means that many complete applications will be processed faster than that — and, in fact, of the applications lodged in January this year, the majority were decided within ten working days.

So the 457 visa program is now more efficient and more responsive to changes in the labour market than at any time in its history.

You can play a big role in reducing these processing times further. Every time the department needs to ask for more information in order to assess an application, it results in delays in processing. With resources projects coming on line rapidly, delays mean dollars. So you can help to speed up processing by working with our officers and by using e-lodgement so that we can give Australian businesses the best possible processing times.

Last year, I also announced the introduction of the sponsorship accreditation scheme. The scheme recognises that many 457 sponsors have a long record of compliance with immigration law and should receive streamlined processing to speed up positive outcomes for employers and industry.
While the accreditation scheme is still in its infancy, to date a number of employers — including hospitals and scientific research bodies — have been granted accredited status. I am sure that many more important Australian businesses will take up this opportunity in the coming months and I welcome this development.

Another important reform we introduced — back in 2010 — was the new, more targeted Skilled Occupations List for Independent Migration. The new, shortened List is focused on high-value occupations for the economy over the long term and is underpinned by Skills Australia's independent analysis.

Then, last year, we introduced a new points test to better select independent migrants who are best equipped to find a place in the labour market through all stages of the economic cycle. The points test focuses on factors such as strong English language proficiency, on-the-job work experience and higher levels of education.

And this year we are introducing Skill Select. Skill Select gives the government the tools to prioritise and rank intending migrants in their order of relative merit. It also allows us to tweak the spread of occupations in any given program year — preventing the situation of recent years where the bulk of the program is dominated by only a handful of occupations.

Skill Select will also connect Australian employers, and state and territory governments, with potential job candidates. Applicants will benefit from online lodgement of Expressions of Interest and can be more confident of a positive outcome when they pay their application fees. All in all, Skill Select provides a more efficient and better-administered program, benefits that will bring productivity improvements for the labour market.

Employer Sponsored Visa reforms: a simplified, stronger program

This brings me to our latest reforms to strengthen and simplify the Permanent Employer Sponsored Program.

The defining characteristic of employer sponsored migration is the use of market-based employer processes to select potential migrants. That is, employers throughout Australia can sponsor foreign workers for permanent residence to fill genuine job vacancies in their businesses.

Because of this, these visas are highly responsive to labour market demands. They are good for Australia — in that they are our best performing permanent visa category in terms of employment and economic outcomes. For example, 96 per cent of Employer Nominated Scheme (ENS) migrants work full-time and their median income is $77 000 per annum.

Given this strong performance, we've put a lot of emphasis on growing this program — transforming it into the Government's main skilled migration program.

It was therefore prudent to take a good look at the program to ensure that it is well placed to meet both our labour market and integrity objectives. In undertaking this review, my department found that, while the employer sponsored program performs very well, there is still room to improve in three key areas:

  • simplifying the program and reducing administrative costs
  • better aligning the program with our broader economic; and
  • limiting the vulnerability of visa holders; and
  • reducing the potential for employers to manipulate the program to access cheap, less skilled labour

Today, therefore, I am pleased to announce reforms to improve the operation and effectiveness of the permanent Employer Sponsored visa categories: the Employer Nominated Scheme and the Regional Sponsored Migration Scheme (RSMS).

Our reforms will address all three areas for improvement. They also deliver on the Government's commitments to visa simplification and to creating a more efficient pathway to permanent residence for 457 visa holders.

These changes will effectively conclude the comprehensive review of the Skilled Migration program, which has modernised our system of skilled migrant selection.

As I say, it has been a period of significant reform in skilled migration. This reform has been necessary but I also recognise that change is disconcerting and people — both prospective immigrants and employers — need to see these reforms implemented and allowed to work. Once this round of reforms is implemented, I see us then embarking on a considerable period of consolidation.

Most importantly, the reforms will ensure that our Skilled Migration Program remains geared towards delivering significant benefits to the economy through greater productivity and migrant employment outcomes.

What are we doing?

What we'll be doing is cutting the red tape for all applicants and streamlining the visa for those people who've already been through the rigorous 457 visa process and have a proven work record in Australia. That's about 78 per cent of the entire program or around 15 000 places.

For the remainder of the program — that is, those people seeking direct entry — we're putting in place improved checks and balances.

We have retained the core strengths of the program while implementing a suite of changes. I'd like to touch on the key elements of the package that will commence on 1 July 2012.

Around half the people who take up a job opportunity on a 457 visa end up staying and becoming permanent residents. Most of these stay with the same employer doing the same job. Our reforms will better align the program with our broader economic objectives and streamline the pathway to permanent residence for these workers. We know they can do the job and are ready to make a commitment to Australia.

In practical terms, this means that the visa applicants skills will not be assessed a second time. Nor will we re-test English skills if they've been tested for their 457 visa.
Of course, businesses will still need to comply with their sponsorship obligations and applications will still be considered on their merits.

For those who apply directly for permanent residence and are mostly untested in the Australian labour market, we need to ensure that they can do the job in Australia.

Improved checks and balances will position us to select the best and brightest for the limited number of available visas — those people best equipped to succeed in the labour market and participate in Australian society. It will also mean that these migrants are less vulnerable to exploitation.

In particular, applicants seeking direct entry will be subject to an English requirement of IELTS 6, and an assessment of their qualifications and professional work experience. To reduce the complexity of the system, the current six visa classes for the permanent employer sponsored program will be reduced to two new visas: an ENS and a RSMS visa. This includes eliminating the onshore and offshore legal requirements, removing administrative barriers and simplifying visa rules.

In addition, a single, consolidated 'sponsored' occupation list will be introduced to replace three current occupation lists for the Employer Nomination Scheme, subclass 457 and the State and Territory Sponsored General Skilled Migration visas. This consolidated list will make it a lot simpler and clearer for employers and prospective permanent migrants to navigate migration rules.

This approach will be further strengthened with the removal of the subjective 'exceptional circumstance' provisions from RSMS.

In fact, last program year, almost 36 per cent of occupations nominated for RSMS claimed 'exceptional circumstances'. These included skilled trade occupations — such as plumbers and mechanics – and non-trade skilled occupations, such as hotel managers and law clerks. Any system which requires over a third of applicants to prove they face 'exceptional circumstances' is in need of reform.

It makes sense to have a more generous 'standard' program for RSMS will be available, including a broader range of eligible occupations and skills. The new rules will be simpler, clearer and more objective, thus saving time and expense for migrants, employers and my department.

At the same time, the program will be brought into line with the core premise of the Skilled Migration program — to focus on just that, skilled migration. The single, consolidated occupation list for ENS will concentrate on truly skilled occupations, as will RSMS, while semi-skilled occupations can be negotiated through a new Labour Agreements stream within ENS or RSMS.

Of course, I recognise that there are areas of the country that are crying out for semi-skilled workers. That's why I recently announced the Regional Migration Agreement program to cater for these needs. I have also taken steps to reduce the time it takes to approve a Labour Agreement, making the program a more viable option for employers.

Overall, the changes that I have announced today will strengthen the Permanent Employer Sponsored Program by attracting those people best-suited to meet Australia's and employers' unique labour force needs and make a contribution to Australia. This will provide for a more streamlined, flexible and simplified visa approval process.

I note that a plenary session on the reforms to the Skill stream, including the changes to the Permanent Employer Sponsored Program, will be conducted by departmental officers later this morning. They will provide a more detailed and technical summary of these changes to the Permanent Employer Sponsored Program. If you have any specific questions on the detail of the changes, I'm sure they'll be happy to answer them.

Conclusion

I have talked a fair bit today about the economic imperatives of our skilled migration program.

However, as you all know, immigration policies also have, at their core, a human dimension — and changes to them have real impacts on real people. It is therefore essential that changes to migration policy settings are made with an understanding of their effects on all facets of our economy and society, and recognition of their real world impacts on our clients and stakeholders. I like to think that our changes are made with this consideration firmly in mind.

Of course, there will always be scope for improvement, as the dynamic nature of our economy dictates that the Migration Program — and the skilled visa categories in particular — have an inherent need to evolve over time to ensure proper calibration of our migration program for current conditions. This does not mean an overhaul to respond to every bump in the economic road but, rather, a strong and durable framework, within which appropriate tweaks can be made.

Indeed, this is why the Government is implementing a Long Term Migration Planning Framework which provides for a more strategic and longer term approach to our immigration policy and settings.

In recent years we have undertaken an ambitious, wide-ranging and effective reform of our skilled migration policy and program settings. This has delivered a more targeted, demand-driven skilled migration program that is better placed to meet our short and medium to long term economic needs, while ensuring that our first priority of jobs for Australians is not compromised.

The employer sponsored migration reform that I have announced today adds to this important body of work. I trust it will provide greater certainty for your clients and better outcomes for Australia's economy and society.

Thank you.

The Hon. Chris Bowen MP

 

 

 

The 6th CPD Immigration Law Conference

“Current Challenges - Future Trends” - that’s this year’s theme for the ILAA 2012 conference.  The Immigration Lawyers Association of Australasia Focus Group (ILAA) hosts the annual CPD Immigration Law Conference at the: Royal Automobile Club of Australia, 89 Macquarie Street, Sydney, NSW.

On site registration for the 2-day event begins: Friday 9 March, 8.15am sharp and closes at 9.00am.

To download the program click here:

To register online at any time click here:

NB: Up to 6-CPD points are available for all registered migration agents

Guest Speakers, Conference Topics, Gala Dinner and Entertainment 

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Keynote speaker The Hon. Chris Bowen MP, Minister for Immigration and Citizenship, follows the opening address delivered by Catherine Gale President of the Law Council of Australia and Maria Jockel Chair of Immigration Lawyers Association of Australasia.

Canadian barrister Jacqueline Bart author and expert in corporate Immigration Law, is also guest speaking at the conference, along with Laura Devine, Principal Lawyer of London and New York based law firms specializing in UK and US Immigration law.  Devine is also a fellow of the Center for International Legal Studies and a member of the American Immigration Lawyers Association.

Other speakers include:

  • Denis O’Brien, Principal Member/Refugee Review Tribunal
  • Federal Magistrate Matthew Smith
  • Professor Mary Crock, Associate Dean, Sydney Law School
  • Prof. Jane McAdam, University of New South Wales Faculty of Law
  • Christine Sykes, CEO, OMARA

According to accredited specialist Immigration lawyer David Bitel, immediate past President of the: Refugee Council of Australia, this will be the first time an ILAA conference takes a studied look at international developments in significant commonwealth countries. 

“There have been some very important legal developments in our area of law and it will be the subject of intensive discussion.” 

“In particular, administrative law developments and the new complimentary protection regime which has massive implications for Australia and its domestic application of international human rights law; and the new skills select scheme which revolutionizes the general skilled migrations program.”

Other topics: 

  • The clash of law and policy-Immigration law VS administrative law
  • Complimentary Protection changes – The New Paradigm
  • Australia’s Migration Program in a global context
  • Expressions of Interest and Skill Select
  • The growth of 457 visa program and compliance regimes
  • Ethics for lawyer agents and the challenges of dual regulations

Specialist corporate Immigration lawyer Katie Malyon says, "in an exciting first, the conference will hear about the interface between the role of the Fair Work Ombudsman and the Department of Immigration in monitoring compliance with both workplace and employment related immigration law".

"It's also been a great opportunity to foster and promote young immigration lawyers through the: Young Laywers Session", a recent initiative of ILAA says Sydney ogranizing committee member and Immigration lawyer Anne O'Donoghue.

Friday night's gala dinner is being held at the historic State Parliament Building in the Strangers' Dining Room with breathtaking views of Hyde Park's Domain.  Guests begin seating at 6.30pm.  (The gala dinner is open to members of the public)

Anh Do.picture.jpgComedian Anh Do, best selling author of: The Happiest Refugee headlines the evening and an address on: The World Report on Disabilities is delivered by distinguish guest Professor Ron McCallun AO, Chair of the UN Comittee on Rights of Person's with Disabilities.  Panic author, David Marr, Walkley Award recipient and one of Australia’s most acclaimed journalists is MC.

Organizing committee member David Bitel says “it’s very exciting because this is the first time the conference has been held in Sydney and it’s been great putting it all together.   I am proud to be part of the organizing committee”.

Anne O’Donoghue, Immigration lawyer, ILAA co-founder and executive member of the IBA Immigration and Nationality committee agrees. “It was a real highlight working with such dedicated colleagues and I am delighted with the international response.  It’s a great and unique opportunity to liaise with overseas colleagues in Australia on global immigration issues affecting Commonwealth nations."

The conference, months in the planning is dependent on enthusiastic Sydney members working tirelessly organizing local and international guest speakers, programming, entertainment, catering, accommodation and logistics.

Acknowledgements: Special thanks go to David Bitel, David Prince, Katie Malyon, Erskine Rhodan and Anne O’Donoghue, members of the Sydney organizing committee for their dedicated work and ongoing efforts to make the ILAA Sydney Conference a success; a special mention to the ILAA chair Maria Jockel and Joe Forbes, Administrator Law Council of Australia.

Background: Established in 2003, ILAA was jointly founded by Glenn Ferguson former President of LCA, now MD of Ferguson Cannon Lawyers and former executive member of the International Law Section of the LCA and Anne O’Donoghue, now MD of Immigration Solutions Lawyers.  Two years later ILAA joined forces with the LCA and is now part of the International Law Section of the LCA.


Unauthorized Migration - A Global Event

running shoes.pngTwelve years ago at the Millennium Summit in New York City, the UN Millennium Declaration was ratified by 190-nations and adopted by the United Nations General Assembly. The idea was to help the world’s poorest countries achieve a better standard of living by the year 2015.  The framework was outlined in the Millennium Chapter Goals (MDGs)

One of the tenets was to reduce child mortality rates in third world countries.  The vote was unanimous, but despite these promises, just days ago in war torn Kabul at least 22-Afghani children froze to death in tent camps dotted across the outskirts of the city.  These infants and toddlers were between the tender ages of 30-days to 18-months. How could this be? 

Refugee camp death rates among Afghani children is so shockingly high, it is estimated that one out of every seven children will die before they ever reach 6-years of age.

In Kabul alone there are now 35-thousand displaced Afghanis seeking refuge from the Taliban and tribal warlords. 

Data provided by the Afghanistan NGO Security Office calculated that in the year 2010 there were around 12,000 attacks by armed opposition groups.  That’s roughly 33-assaults every single day of that year.

For many, enough is enough. With the help of people smugglers Afghani asylum seekers are fleeing and heading south in a desperate bid for safety and a better life.  Their destination – Australia reputed to be a prosperous country with porous borders.

To stem the influx, a trilateral agreement was inked between Australia, Afghanistan and United Nations High Commissioner for Refugees.  Basically the agreement is two fold, firstly it supports the Afghani Government in stemming the tide of people leaving their homeland and secondly it allows Australia the right to deport Afghanis not considered genuine refugees. 

In 2007 Iraqis took second place for the largest population seeking asylum in foreign countries. The exodus started after the bombing of the revered al-Askari shrine in Samarra back in February 2006.  The attack occurred early morning when a half a dozen men dressed in battle fatigues stormed the shrine.  Four-guards sleeping in a backroom were ambushed and cuffed, then a bomb was placed in the dome and detonated.  Retaliatory violence spread across the country and sparked reprisal attacks on Sunnis. 

In the meantime Shiites fled from the country’s centre and moved south; Sunnis escaped the south and moved to the upper centre.  Christians fled to Ninevah Province and the Kurded ended up in Tami/Kirkuk Provinces.

At current estimates there are now approximately 2-million displaced Iraqis living outside the country in roughly 98-countries around the world, but not everyone is welcomed.  According to Dindar Najman Doski, Minister of Displacement and Migration, the number of Iraqis under threat of deportation in Europe alone, is exceptionally high.

In an interview with a Middle Eastern news service, the minister expressed great concern for some Iraqi families who have been separated under what he termed “inhumane conditions”.  Doski cited a few cases in the EU where the husband was deported but the wife and children could remain.

A memorandum of understanding signed between the Iraqi Government and the EU is being blamed for the loophole. 

Thirty years prior, Sudan was host to a major influx of refugees from neighboring states, then after war broke out in the south it took the dubious title of being the lead country in forced migration.  This unprecedented problem created the world’s largest crisis of human displacement.

Beginning in southern Sudan, the second civil war started in 1983.  During this time roughly 2-million Sudanese perished from famine, disease and unrelenting war.  The United States Committee for Refugees calculated that the fight to control southern and central Sudan killed about 1 in 5-south Sudanes, while displacing a staggering 5-million.  The 22-year conflict ended with the signing of a peace treaty in January 2005.

In an emotional ceremony held in the former capital city of Juba, tens of thousand of South Sudanese watched the raising of their new flag.

A day later on July 10, 2011 Israel recognized South Sudan as an independent state. The new country reciprocated, citing a desire for international peace. It was the first time Israel had diplomatic ties with Sudan.

To date there are about 7,000 South Sudanese living in Israel, part of a much larger influx of around 50,000 African asylum seekers and migrant workers.

Since their independence, Israel’s Interior Minister has been asking its South Sudanese populous to return to their homeland.  To sweeten the pie the Israeli government is offering $1,300 and a free plane ticket home.  However after March 31, all bets are off and those caught avoiding self-repatriation will be deported. 

The move has caused much debate among Israelis.  Some fear immigrants compromise the state’s Jewish character while other believe Israel has a moral obligation to protect people escaping persecution.

Sudan has now ordered all South Sudanese to register or leave by April 9.   This means up to 500,000 could begin the long trek home.  UNHCR Representative of South Sudan Mireille Girard says the agency is expecting around 100,000 will need emergency assistance.

The area where people are expected to congregate is already inundated with refugees fleeing the fighting in Southern Sudan’s Kodofan and Blue Nile States.  Since last June, about 130,000 had taken refuge in Renk.

Displaced Roma children in Europe don’t have it much better and usually spend their days panhandling or picking pockets.  As they grow many graduate to a life of crime and prostitution.  These kids have little choices and are usually controlled and exploited by adult gangs who live off their proceeds.

Interior Minister Claude Gueant claims 10-percent of crime in France is committed by Roma children living illegally in the country.

Roma families are constantly deported back to Romania, Bulgaria and Hungry, but many, return months later claiming a lack of job prospects makes survival almost impossible.

On a balmy weekend in Naples, Italy back in July 2008, two Roma girls drowned while taking a dip in treacherous waters.  They were 14 and 16 years of age. 

It was a shocking tragedy, but what happened next was beyond the pale.  As the bodies lay uncovered on the sand, people continued sunbathing just meters away.  For 3-long hours beachgoers ignored the bodies and went about their business unperturbed.  Finally in a moment of sanctity a passerby placed a couple of sodden towels over the girls.

According to an Italian press report, “that hardened indifference was shocking proof that many Italians no longer had human feeling for the Roma”.

In June of 2008 the Berlusconi Government wanted all Roma children fingerprinted.  The Home Minister Roberto Maroni defended the government’s position retorting, “this is not ethnic cataloguing, this is the ultimate safe guard of their rights.” 

“We will take the children’s fingerprints in order to stop those occasions when parents send their children out to beg.”

Italy blames immigrants and particularly Roma gypsies for the country’s escalating crime wave.

While Eritrea was officially blamed for starting its infamous 2-year war with Ethiopia back in 1998, Prime Mister Meles Zenawi is believed to have done little to prevent the escalation of what many described as a pointless conflict that left at least 70,000 dead on both side.

On January 26 of this year Norway signed a memorandum of understanding with Ethiopia enabling hundreds of paperless immigrants the right of return to their country.  Ethiopians living in Norway opposed the deal saying they feared persecution if they were forced to return. 

Many also accuse Ethiopia’s Prime Minister Meles Zenawi of carrying out random executions, torturing dissidents and jailing political opponents. Last year over 200 were arrested.

Most recently Meles government reportedly used an anti-terror law to jail hundreds of journalist including two Swedes whom officials insisted were messengers from a terrorist organization.   They have now been sentenced to 11-years in prison.  Meles hinted at clemency if the two admit guilt.

Like Israel, Norway is offering relocation money in a bid to get them back to Ethiopia.  However after March 15 there will be little choice and those remaining in the country could face possible deportation.

These paperless Ethiopian immigrants point out Meles brutal past and remind Norway that he has ruled their country with an iron fist for 17-years. So, where does this leave these Norway's Ethiopians?

Currently Greece hosts over 1-million illegal residence and most apparently enter through Turkey.  As the country slides into political and economic chaos, undocumented immigrants are being blamed for many of Greece’s current woes. Officials warn illegal immigration is costing billions in healthcare, loss of revenue and crime.

Tired of being reprimanded by the EU for soft borders Greece decided it was time to build a 9.5km long, 3.96m high, razor wire wall.   Authorities hope the $2.5 million fence will cut down on the estimated 245-undocumented migrants entering Europe through Greece on a daily basis.  Critics of course say it’s a waste of money.

Greece is not alone in its endeavors to keep out undocumented migrants.  In the US a 91-meter wall is being erected right out into the ocean to fence off Mexico from North America.  The wall, treated with an anti-corrosion coating will be completed in March 2012 and is expect to last for at least 30-years.

Immigration and environmentalists claim it’s a costly exercise that will do little to keep undocumented immigrants out.  Border-officials disagree saying the fence will be tide resilient, longer, higher and tougher to scale.

The idea is to stop would be illegal migrants from reaching Imperial Beach California from Mexico’s Tijuana Beach.  Michael Hance, field operation supervisor with the border patrol in San Diego says there’s a real need.

“The south side of the border is densely populated and in the past many people found an easy way into the US through these beaches.  We need physical infrastructure as well as border agents in the area.”

It’s hard to know how many undocumented immigrants live and work in the US.  A Pew Hispanic Center (PHC) report estimates the number is at roughly 11.2 million with about 8-million working illegally. That’s whopping 5-percent of America’s workforce.

Ireland and the UK have agreed to information sharing in a bid to crackdown on illegal immigration. The hope is to have joint entry standards and enhanced electronic border systems.

A pilot scheme to check 1,700 Irish visa applications lodged in Nigeria against UK records found more than 200 had either been deported from or refused entry to the UK.

Meanwhile Syrian asylum seekers are pouring out of the country.  Neighbors Lebanon, Turkey and Jordan have already registered around 20,000, but authorities in the 3-countries say there could be many more who simply haven’t registered.

Cold weather in the north has slowed the flow into Turkey.  Border officials say 50 to 60-asylum seekers were crossing daily, but the number has dropped to about 15 to 20.

Israel is also preparing for a flood of Syrian Alawite asylum seekers.  They’re expected to flow into the Golan Height after President Bashar al-Assad’s government falls. A senior Israeli official says it’s likely the Assad family and members of his Alawite minority sect will seek refuge in the Golan Heights as well. 

His Holiness the Dalai Lama is probably the most famous “displaced person” of all. He fled Tibet in 1959 during the Tibetan uprising then later set up the Government of Tibet in Exile.

There are now 160,000 Tibetans exiles living in India and some say their very presence could end up sparking a fight to resolve a long standing Sino-India border dispute with China.  The Chinese press is now claiming Arunachal Pradesh as its territory and have started referred to the area as South Tibet. Political experts warn this could eventually spark a limited conflict.

According to Russian migration officials in 2011, some 220,000 stateless foreigners entered Russia illegally.  Figures show 76,000 left voluntarily and 29,000 were deported.  In the same year almost 10-million entered Russia legally, many from CIS (Commonwealth of Independent States) countries.

Russia is now contemplating tougher penalties for immigration violations.  There is also discussion of increasing jail time from 5 to 10-years for people smugglers.  Russian language proficiency will also be a prerequisite for migrant workers entering the country.

In an effort to control illegal immigration advanced countries have been tightening borders and attempting to limit their migrant intakes to skilled workers only.  However aging populations, smaller families and an addiction to education, all contribute to growing labour shortages in many industries.  Eventually these needs could force many advanced countries to crack their doors a little wider.