DIAC Liaison Meeting – Canberra 10 March 2011- Some comforting news for Category 4..

[virtual_bajwa]

DIAC Liaison Meeting – Canberra 10 March 2011

DIAC Attendees_--->

 

 

 

• Kruno Kukoc, First Assistant Secretary, Migration and Visa Policy Section
  
• Joanne McKern, Migration Agents Section
  
• Andrew Daly, Migration Agents Section
  
• Linda Bone, Migration Agents Section
  
• Susan Murray, Deregulation Strategy Section
  
• Amanda Pohl ,Assistant Director, Sponsored Skilled Visas
  
• Dwayne McMoore, Business Skills Program
  
• Mary Miller, Freedom of Information
  
• Michael Willard, Independent Skilled Migration
  
• Brooke Thomas, 457 Section
  
• Elizabeth Carter, Skilled Migration Section
  
• Greg Phillipson, Legal Section
  
• MIA Attendees
  
• Sharon Harris, MIA National President & Qld Branch President
  
• Boniface Town, MIA National Vice-President & Vic Branch President
  
• Mark Webster, MIA National Treasurer & NSW Branch President
  
• Maurene Horder, MIA Chief Executive Officer
  
• Kevin Lane. MIA Professional Services Manager
  
• Law Council of Australia
  
• Maria Jockel
  
• Nick Parmenter
  
• Office of the MARA
  
• Christine Sykes, CEO
  
• Stephen Wood, Deputy CEO
  

 

 

Temporary Work Visas

Discussed visa simplification for work visas There will be further consultations about simplification of temporary work visas. Visitor visas will also be simplified – there will be a paper out in a few weeks. DIAC has put out discussion papers in June and Dec 2010 and will be engaging with organisations, including the MIA, which responded to these. DIAC is not looking at extending eligibility just reducing the number of visas. They will meet with stakeholders in confidence prior to producing legislation. New Short stay activity visa

o Will subsume business visitor visa within this subclass

o Will most likely be e-lodged

o 8112 will be abolished – there will be no work rights on visitor visas.

 

Freedom of Information (FOI) Compliance rate was 40-45% in 2005-06 – this included movement records which are now not part of FOI. There was an ombudsman investigation and as a result changes were made. 2008 task force consisted of 60 staff over 6 months – worked on the backlog of some 3000 applications.

Compliance rate now 90%. Centres operating:

 

o NSW

o Victoria

o Nation Office – media and highly complex/sensitive cases.

 

DIAC is trying to institute a cultural change in relation to FOI and openness – for example encouraging officers to hand over documents during processing (eg movement records, Xmas Island cases, copies of decisions). Investigation/compliance sections tend to be the most difficult – a lot of documents, many of which are sensitive, and there is a culture of resistance. FOI is pushing an “if not, why not?” approach to release of documents. 24 hour processing model being introduced – do as much as possible within 24 hours, including requesting the file, issuing acknowledgement. A case management approach has been introduced – talking with the client about what documents make sense to release – particularly where a very wide range of documents have been requested. Agents should not send $30 with an FOI request – this is no longer required and is troublesome to refund. Agents should make FOI requests as specific as possible. Where a client requests “everything” DIAC will send a standard letter back asking for a more specific request.

 

Business Skills Program A discussion paper for review of Business Skills has been issued – 33 responses currently being reviewed. No policy position within DIAC has been formulated yet. The MIA’s submission was discussed. The MIA requested that DIAC provide more statistical information to allow for more informed submissions to be made. The feeling at DIAC is that a 2-stage process is preferable to granting PR then monitoring. Business training: DIAC acknowledges that there is a weakness in skills of case officers. Accountants have been hired at Adelaide and Perth to address these weaknesses.

 

ENS/RSMS PAM for ENS is due to be rewritten, even after 2 April changes. ENS Review is at the gathering evidence stage. Discussion paper will be issued. Looking at “aligning” 457 and ENS – removing red tape for the transition, including looking at English, sponsorship approval . RSMS: DIAC is of the opinion that this delivers for regional business.

 

Skilled Occupations List Skills Australia reviewed the SOL in October 2010. Refer to Skills Australia website for which occupations might be removed as they have an occupation by occupation analysis. New list should be announced in May 2011, to take effect from 1/7/11.

 

If an applicant has lodged and occupation is removed from SOL then they will still be eligible, but will lose priority processing. DIAC is looking at changing regs to facilitate this. There are now fewer applications being lodged than available places in the program, and DIAC anticipates processing priority level 4 in the coming year.

 

457 457 Occupations List was recently changed – these were as a result of the ASCO -> ANZSCO shift. Occupations removed had dropped in terms of skill level. Occupations added had increased in skill level. WTO considerations require that most occupations at skill level 1-3 be included, and also keen not to disadvantage employers. DIAC analysed activity in the occupations removed – all had less than 10 applications lodged. A new 457 booklet has been released – seeking to make it clearer for employers Significant increase in demand this year. Priority processing for flood reconstruction – so far only 9 approvals. There have been delays due to sponsors needing to get documentation together. No update on new training benchmarks being introduced. No update on e-lodgement for overseas sponsors or centralised processing.

 

National Resources Sector Task force Recommendations of task force included:

o Improving information & support

o Expedited visa processing

o Enterprise Resource Agreements for large projects. The ERAs will involve a head agreement under which contractors can access labour agreements “off the shelf”. For labour agreements, 2/3 of these are now signed off within the department rather than needing to go to the Minister. Significant increase in approvals of LAs.

OMARA Code of Conduct There will be changes to the Code of Conduct in Mid August – these will be minor in nature, and will be to clarify the requirements. Major ones are being discussed – there will be consultation before these are introduced. A tender has been issued for developing an ethics framework – this will result in an ethics statement and methodology to be used in an ethics “refresher course” which will need to be undertaken by existing agents.

 

PAM3 updates The MIA raised the matter of delays in policy being updated in LEGENDcom. The Department to see if it is possible for any updates case officers may get before LEGENDcom is updated to be provided to the MIA.

Case officers bypassing registered migration agents The Department has agreed to issue instructions to case officers, especially in certain overseas posts, that appointed registered migration agents should not be bypassed.

Adherence to law The MIA brought to DIAC’s attention instances where some case officers appear to be failing to follow the law correctly because they are applying policy rather than the law. This is to be the subject of further discussions between the MIA and DIAC.

[Guest VickyMel]

That is wonderful to read - I really hope that Cat 4 gets up to date in the coming year. I feel very lucky not to be in Cat 4 anymore but that does not mean that I don't care what happens to my Cat 4 colleagues many of whom have trodden the same path as me.

 

I really hope this comes to be - it is about time Cat 4 was treated fairly.

 

Good luck to you all

Vicky

[Guest UFO]

DIAC Liaison Meeting – Canberra 10 March 2011

Skilled Occupations List Skills Australia reviewed the SOL in October 2010. Refer to Skills Australia website for which occupations might be removed as they have an occupation by occupation analysis. New list should be announced in May 2011, to take effect from 1/7/11.

 

.

 

the skills australia are saying Nov / Dec 2010 http://www.skillsaustralia.gov.au/SOL_review.shtml states review happened With November 26th 2010 being the last day of submission.

 

There is no mention of their findings so far

[Bluecatcollectables]

This is absolutely FABULOUS News!!! Hurray! I did have a sneaky feeling that they might look at Cat 4 sooner than later, as they have restricted Migrant numbers by the sheer difficulty in achieving all the necessary points. Maybe this was their strategy after all. Maybe once all the back-log has been cleared incl. people in Cat 4 , they might relax the Migration rules again, enabling more applicants being able to apply. Who knows.... But this is serious Good News for all of us, who have been waiting for, what seems like an eternity!

Thank you very much Virtual Bajwa! Well Done for finding this Info! Let us hope you will be the first person they will process under Cat 4. You certainly deserve it for waiting longer than anyone else on this forum!!

[Guest stayer]

I hope they ment coming financial year

[Guest Trual]

Hi All,

 

I've been a lurker on these forums for a while and thought it was time to say hello! I'm a Category 4 applicant who applied in June 2008 for the Skilled - Sponsored (VE 176) visa. I'm really hoping this post is indicative of some good news for Category 4 this year! I'd pretty much given up hope on this visa so I hope that doesn't need to be the case.

 

Thanks to everyone on these forums who go out of their way to give us hope and whatever information they come across!

[Guest stayer]

and 1 more question: is the source credible?

[User Name]

Check attachment of the full transcript of the meeting.

[virtual_bajwa]

That's great work friends... I am hoping some positive news coming out of DIAC for category 4.

[Guest Unikian]

Category 4, good luck to you, guys!

I'm sure you'll get your visas by the end of the year, and have your Xmas parties down under! :wink:

[rahulpatel1969]

Virtual Bajwa

 

Lets hope it happens.

[rahulpatel1969]

Can u also post on Embrace Australia so that others can comment especially Gill

[virtual_bajwa]

Virtual Bajwa

 

Lets hope it happens.

 

It will happen....

See they have first time mentioned something for our visa class...

http://www.immi.gov.au/skilled/_pdf/fraud-pic.pdf

[Guest stayer]

It will happen....

See they have first time mentioned something for our visa class...

http://www.immi.gov.au/skilled/_pdf/fraud-pic.pdf

 

This is very interesting news.

 

Does it mean that DIAC were processing fraudulent applications until now without penalty?

[SHANO7]

Maybe this could take into account those that apply under a trade and have NO intention of working in their declared occupation ??

 

Shane

[mlsdq]

this is the greatest news ive heard this year so far! thanks bajwa for the info! *tears of joy* :cry:

[Guest guest38808]

thanks bajwa ji

[virtual_bajwa]

But my dear friend do not get excited until all the category 4 get the decisions.......

[virtual_bajwa]

Can u also post on Embrace Australia so that others can comment especially Gill

Hi Rahul...

I got following reply from Gill at Embrace Australia forum..

Hi VB

 

I think we will need to wait and see what happens after 1st July 2011. DIAC have always said that they would process the Cat 4 applications in order of receipt, in which case yours should be one of the first to be processed.

 

I know that this is not a constructive, helpful reply but people like you have endured so much hassle that I'm sure you don't need me to remind you to be cautious about all and any claims you might hear.

 

I don't think the Aussie Government have done their own credibility any good with their Immi policies in recent years. I think that they have simply contrived to ensure that prospective migrants to Oz no longer trust them - with good reason, in my view.

 

Cheers

 

Gill

 

 

[virtual_bajwa]

This is very interesting news.

 

Does it mean that DIAC were processing fraudulent applications until now without penalty?

 

I can not say anything because I am not the DIAC official..I think that should not be the case here.. Because DIAC has a big man power to check the fraud in these visa subclasses. They must know this by now...

[Guest stayer]

I can not say anything because I am not the DIAC official..I think that should not be the case here.. Because DIAC has a big man power to check the fraud in these visa subclasses. They must know this by now...

 

I quite don't get this step because it was illegal to provide fraudulent information before but the 3 year ban is the difference.

 

Besides adding some gastric ulcers to some cooks and hairdresser, I don't see much point here.

 

However, I am getting a message here that someone is fixing the mess finally and that is very good feeling.

:jiggy::jiggy::wub::jiggy:

[virtual_bajwa]

I quite don't get this step because it was illegal to provide fraudulent information before but the 3 year ban is the difference.

 

Besides adding some gastric ulcers to some cooks and hairdresser, I don't see much point here.

 

However, I am getting a message here that someone is fixing the mess finally and that is very good feeling.

:jiggy::jiggy::wub::jiggy:

Yes, finally good policy speaks in words of DIAC now.....

[SHANO7]

 

Besides adding some gastric ulcers to some cooks and hairdresser, I don't see much point here. End quote

 

 

Can you explain this comment please ? What would adding a gastric ulcer to cooks and Hairdressers achieve ? Are you implying that these were the only tainted trades ?

 

Interested to hear your reply as Im sure your are wise enough to know that a lot of Hairdressers that frequent this forum are fully qualified offshore applicants who are affected by being dumped in Cat 4 !

 

Shane

[Guest stayer]

 

Can you explain this comment please ? What would adding a gastric ulcer to cooks and Hairdressers achieve ? Are you implying that these were the only tainted trades ?

 

Interested to hear your reply as Im sure your are wise enough to know that a lot of Hairdressers that frequent this forum are fully qualified offshore applicants who are affected by being dumped in Cat 4 !

 

Shane

 

Sure I can. I was certainly not talking about qualified offshore applicants. Do you need more explanation?

[Guest guest41018]

The interesting part of this meeting relates to:

 

"If an applicant has lodged and occupation is removed from SOL then they will still be eligible, but will lose priority processing. DIAC is looking at changing regs to facilitate this. There are now fewer applications being lodged than available places in the program, and ..."

 

What the individuals at the meeting do not seem to have grasped is that the reason why there are fewer applications being lodged is because of the threat of occupations being removed from SOL/SMPs - nobody wants to apply knowing that, at the end of the year, they may go from being on the verge of visa grant or lengthy security check for their hopes to be spitefully dashed, consigned to Category 4 and have their lives turned upside down (again) and kept on hold indefinately - if they expect prospective migrants to show commitment to Australia (and they are right to) and expect them to up and leave their families and jobs at the drop of a hat in a time horizon of Australia's choosing, it is only right that Australia show some commitment and provide some security by way of the applications process too - I know of a number of people who have started to look at, or have migrated to, other countries as a result of the repeated gerrymandering of the GSM programme over the past few years, from a PR point of view it has been a disaster.

 

If they want to remedy this uncertainty (and restore their reputation), they should introduce a stipulation that those who, at the end of the migration year, are assigned a case officer and have been removed from the SOL/SMPs at any stage "will be contacted by their case officer regarding the processing of their application" - deassignment of the case officer is inhumane and a destructive influence on the reputation of the GSM scheme and ultimately leads to disgruntled applicants and a drop in the numbers of those applying; this should have been obvious.