ICAO – Machine Readable Passports



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Palestinian who are issued with Travel Documents, or Sudanese and Bangladeshi nationals, as well as citizens of some African nations that have not upgraded their passports to Machine Readable Passports will not be able to travel internationally as of 24 November 2015.

This is because the International Civil Aviation Organisation (ICAO) has set a deadline of 24 November 2015 for globally phasing out all non machine readable passports.

However the ICAO rule leaves thousands of Palestinians, Sudanese and Bangladeshi nationals in limbo as their documents are still handwritten.

ICAO Standards are legally binding on all ICAO member states. However, there are instances when a member state may be unwilling or unable to comply with a specific ICAO ruling, either for a specific period of time or indefinitely.

Exemptions from ICAO rulings are regulated by Article 38 of the Chicago Convention (Convention on International Civil Aviation, signed at Chicago – 7.12.1944). Generally, when a state is unable to comply with a specific rule, it has an obligation to ‘give notice’ to the Council of ICAO by ‘filing a difference’ under Article 38.

Article 38 states: “In the case of amendments to international standards, any State which does not make the appropriate amendments to its own regulations or practices shall give notice to the Council within sixty days of the adoption of the amendment to the international standard, or indicate the action which it proposes to take.”

The Lebanese government is responsible for issuing Palestinian Travel Documents, and is a Member state of the ICAO. Lebanon however has not given notice to the Council of ICAO by filing a difference for its non-compliance 60 days prior to the 24 November 2015 deadline. Libya has provided notice to the Council of ICAO, and has obtained an extension to the deadline for its citizens.

ICAO has noted that any non-compliant passports held after the 24 November deadline could cause individuals to face denial of travel at airports, or lengthy processes when it comes to visa issuances by other countries after the cut-off date.

After the 24 November deadline, ICAO member states may, for instance, refuse admittance to holders of non-machine readable passports, or make visa processing more onerous and costly because of the associated risks. The potential consequences of individuals holding a non-machine readable passport might include financial losses, increased costs, delays, refused entries and cancelled trips.

The Australian Department of Immigration and Border Protection has not released any information on how it intends to deal with travelers that do not possess a machine readable passport.

Discussion Paper: Community Support Programme


GMH Legal Submission -  Humanitarian Community Support Programme _Page_01

15 July 2015

Assistant Secretary
Citizenship and Humanitarian Policy Branch
Department of Immigration and Border Protection
PO Box 25
BELCONNEN ACT 2616

Dear Sir/Madam,

Discussion Paper: Community Support Programme

Please find enclosed a submission to the Department of Immigration and Border Protection. The submission is in response to the request for stakeholders’ viewpoints on the proposed Humanitarian Community Support Programme.

GMH Legal would be pleased to respond to any questions related to our submission. Any correspondence in relation to this matter should be addressed to George Hanna at ghanna@gmhlegal.com or to our postal address.

Yours faithfully

George Hanna
Partner
GMH LEGAL
MARA: 0901797


1. Should communities in Australia be able to identify people to propose for a humanitarian visa under a Community Support Programme?


Considering the ostensible success experienced to date with community organisations identifying and proposing individuals for a humanitarian visa pursuant to the Community Proposing Pilot, and given the success of similar community proposed Humanitarian Visa programmes overseas, we would consider it advantageous to Australia’s Humanitarian programme to continue the practice in Australia.

Resettlement through the current Community Proposer Pilot has allowed vulnerable people who are in danger in their country of origin to be sponsored by a friend or family member residing in Australia for Humanitarian Visa; with the presence of family or friends in Australia facilitating the Humanitarian Visa newcomer’s integration into Australian society. With the community organisations ensuring that the Humanitarian Visa newcomer is provided with financial and personal settlement support, they are able to ensure that the Humanitarian Visa newcomer is integrated quickly into Australian society.

Meanwhile the family members in Australia who are able to sponsor through the current Community Proposer Pilot are often refugees themselves, and also benefit from the arrival into Australia of the Humanitarian Visa newcomer, since they often remain preoccupied and anxious as long as their relatives have not found safety and stability overseas.

In our experience, when a well-established community organisation proposes an applicant for a humanitarian visa, they:

  • are well placed to ensure that the visa applicant is well integrated into the community.
  • are able to conduct welfare checks.
  • have the resources and backing to ensure that the resident is provided with best possible chance of resettlement; and
  • ensure that the sponsors support the refugees by providing accommodation and access to household utilities, are provided with clothing furniture and household goods, are given assistance in selecting a family physician and dentist, ensure that children are enrolled in school and adults in English language training, introducing the refugees to people of similar interest, providing orientation with regards to banking services, transport and helping them with the search for employment.


2. What are the key considerations that should determine whether a person or organisation can propose entrants under a Community Support Programme?


The five Approved Proposing Organisations (APOs) are currently the sole organisations entitled to propose applicants to the DIBP for a humanitarian visa. However we would envisage a Humanitarian Community Support Program in where there exist a wider network of APO’s that would be able to sponsor Humanitarian Visa newcomers into Australia.

These organisations would be existing community organisations that would be able to establish a closer bond with the Humanitarian Visa newcomer; whether they be part of the same community, cultural or faith based group as the newcomer, or fall within the same geographical locality as the newcomer is potentially resettling in. These existing community organisations would ideally be of a sufficient financial standing to ensure that they are able to meet the payment of all administrative charges that they may be required to make such as visa application charges (VAC), administration fees, refundable bonds, as well as provide for the resettlement and accommodation of the Humanitarian Via newcomers.

Organisations that have the prior experience and knowledge in providing resettlement services for Humanitarian Visa newcomers ought to be more favourably considered when determining whether a community organisation is able to sponsor an individual to ensure that Humanitarian Visa newcomers are given the best possible opportunity to resettle and integrate in Australian society.

Any community organisation ought to be assessed to ensure that their financial and resettlement plans are credible and would lead to the effective resettlement of the Humanitarian visa newcomer in Australia, with each community organisation being able to effectively demonstrate that they are willing and able to commit funds toward the sponsorship.


3. Is the APO model appropriate for a Community Support Programme?


The APO Model has served well in testing the demand for a fully-fledged community support programme in Australia. We have found the demand for placements in the Community Proposal Pilot to have increased exponentially over the last 3 years, with particularly strong interest in the program this year.

The demand for placements in the program indicates that there are potentially several thousands of the families, faith communities, ethnic groups, and other community associations that are interested in sponsoring people in a humanitarian situation under the fast tracked processing available under the Community Pilot Program. The demand suggests that the APO model is viable though there needs to be significantly more APO’S and placements made available under a fully-fledged Humanitarian Community Support Programme.

In Canada, there are approximately ninety “Sponsorship Agreement Holders” (“SAH”), which perform a similar function to APO’S, in a country with a similar humanitarian intake similar to Australia and a population roughly 1.5 the size. There are also provisions that broaden the potential sponsor base even further, with each SAH having the freedom to authorise a “Constituent Group” to sponsor under its agreement and provide support to the refugees. There are also provisions for groups of five or more Canadian citizens living in the expected community of settlement to collectively arrange for the sponsorship of a refugee living abroad, as well as any organizations located in the community where the refugees are expected to settle being able to make an organizational commitment to sponsor.

Australia ought to adopt a similar arrangement to the Canadian model and significantly broaden the sponsor base and refugee intake under the proposed programme.


4. What involvement could UNHCR and the Department of Immigration and Border Protection have in identifying people to propose for a humanitarian visa under a Community Support Programme?


The UNHCR is mandated to determine and assess refugee status, and can more readily identify those in a humanitarian situation and then refer them to either a panel of community organisations ready and willing to sponsor them as Humanitarian visa entrants into Australia, or to the Department of Immigration and Border Protection for resettlement by the DIBP.

There is no reason why the programme could not be driven in large part by the willingness of sponsorship groups to financially and socially sponsor Humanitarian Visa newcomers, as private sponsorship does not rely on public resources, but rather the commitment and funding of family members, ethnic groups, charitable organizations and other community associations.


5. A Community Support Programme could be targeted towards applicants with humanitarian claims who are also likely to settle more quickly upon arrival in Australia. What are the advantages and disadvantages of this approach? – This could include applicants below a certain age, or with English language skills, or who have employment skills and qualifications.


Ensuring that Humanitarian Visa newcomers are likely to settle quickly into Australian society is more a factor of their ability and willingness to be socially included in Australian society, and are able to fully participate in every aspect of Australian life. A Humanitarian Visa newcomer that is left without the adequate social support services to ensure that they are connected to a supportive social network that share common interest would not be able to adequately integrate and settle upon arriving in Australia.

If it was possible to conduct an assessment into the economic benefit that Humanitarian Visa newcomers were to provide to Australia, the factors to consider would not only be their age and occupation, but would also include their relationships with family already resident in Australia, and their value in keeping a family unit together for mutual support and advancement.
Humanitarian Visa newcomers’ ability to securing meaningful and sustainable employment is a vital part of successful settlement, with their ability to integrate into Australian society improving if their proposing sponsor is able to assist them in engaging in job searching and vocational education. A Multicultural Development Association Inc.[1] report surveyed 227 male refugees in Australia and found that a majority of them were willing to take low-skilled work regardless of qualifications, experience, and education.

In the 2011 report by the Department of Immigration and Citizenship titled ‘Economic, social and civic contributions of first and second generation humanitarian entrants’[2] it was uncovered that in early stages of settlement, refugees experience higher unemployment and lower workforce participation than other migrants. Some of the typical barriers that refugees can face in securing work were identified in the report as:

  • lack of local workplace knowledge and experience
  • unfamiliarity with recruitment processes (e.g., writing resumes, answering selection criteria, interviews, presentations)
  • not having qualifications recognised
  • having to learn a new language
  • low levels of literacy
  • lack of education.

These typical barriers could be effectively minimised by having a community member or organisation ensuring that a Humanitarian Visa newcomer has received the appropriate orientation, regardless of the age and experience of the Humanitarian Visa newcomer.

According to Refugee Council of Australia, 740,000 refugees and humanitarian migrants have settled in Australia since Federation[3]. Despite the refugees and humanitarian migrants not being subject to a screening to ensure that they are of a certain ideal age, or have certain level of English language skills, or have employment skills and qualifications, the Refugee Council of Australia has identified the ways in which refugees have already contributed economically to Australia:

  • expanding consumer markets for local goods
  • opening new markets
  • bringing in new skills
  • creating employment
  • filling empty employment niches
  • increasing economies of scale
  • fostering innovation and flexibility
  • supplying labour and stimulating labour markets in ageing populations
  • stimulating economic growth in regional areas.
  • investment in housing
  • transformation of urban areas
  • creation of new businesses
  • supply of products
  • provision of new and different skills
  • entrepreneurial activities
  • opening business opportunities with the rest of the world
  • help to ameliorate critical skills shortages in regional areas.

Humanitarian settlers also have a higher incidence of business ownership than other migrant groups, suggesting a high propensity towards entrepreneurship[4]. Australia has not in the past screened Humanitarian Visa newcomers to ensure that they are within a certain age, or have certain level of English language skills, or have employment skills and qualifications, yet many commentators examining the economic contribution of refugees in Australia all note that entrepreneurship or business ownership to constitute evidence of economic contribution by refugees in Australia[5]. Evidence of this entrepreneurship is also typically given by noting that people from refugee backgrounds constitute a relatively high proportion of Australia’s billionaires[6].

Furthermore, applying a test of a Humanitarian Visa newcomer’s age, employment skills, qualifications or English language skills in the flawed notion that it will predetermine their ability to integrate into Australian society will not adequately address the overarching consideration of the refugees’ protection needs to ensure that families are kept together. Refugees identified as vulnerable or in urgent need of protection ought to not be in a position to be required to demonstrate their skill set or their English Language skills to ensure their success as Humanitarian Visa entrant into Australia.


6. What are the concerns and risks with supporting humanitarian entrants who are highly vulnerable, such as women at risk or people subject to torture and trauma overseas, through the Community Support Programme?


In a humanitarian context, to some degree all applicants who have been subjected to persecution can be classed as being highly vulnerable. Those who have had threats made against their lives, liberty or security, been arbitrarily arrested or suffered torture or cruel, inhuman or degrading treatment, all naturally suffer severe psychological trauma which requires extensive professional treatment.

At least in respect of applicants who have suffered persecution, it would be difficult to draw a line between which applicants are vulnerable people and which are not. It is fair to say that applicants who have suffered persecution may be more vulnerable than applicants who have been substantially discriminated against, but this may not always be the case, as each applicant’s mental health is an issue that is very personal and unique to them.

In terms of concerns and risks, it is likely that highly vulnerable people will need significant social assistance upon their arrival. Their integration into Australian society would be smoother if they engage bodies such as the Survivors of Torture and Trauma Assistance and Rehabilitation Services (STTARS) and other such organisations, which have abundant experience in the provision of mental health care and meeting the particular needs of children and other vulnerable individuals such as survivors of torture.

There would be some financial burden imposed on the taxpayer for one on one counselling and other forms of mental health care to address issues of torture and trauma, as well as group counselling for men, women, children and families, to assist them in the healing process. It may also be a challenge for sponsors to assist the refugee with accessing health care services.
It would be better for vulnerable applicants to engage STTARS and other similar organisations which provide a range of therapeutic programs to address the needs of people with a history of psychological and physiological trauma.

It is interesting to note that under the Canadian Private Sponsorship of Refugees Program, those refugees in urgent need of protection or who are in vulnerable circumstances are exempt from the need to demonstrate that they could settle well in Canada. Perhaps a similar exemption can be applied to an Australian Community Support Programme.


7. What are the concerns and risks with supporting humanitarian entrants who have serious pre-existing medical conditions through a Community Support Programme?


The Australian Migration Act 1958 and the Migration Regulations 1989 prescribes the current health criteria for visa applicants and does not admit applicants who suffer from a medical condition which is likely to be a danger to public health or safety for applicants. As it stands, the Health Requirement as prescribed in the Migration Act and Migration Regulations seeks to protect the Australian community from public health and safety risks, contain public expenditure on health care and community services, and safeguard the access of Australian citizens to health care and community services that are in limited supply.

An applicant for a visa will be deemed ‘not to meet’ the Health Requirement if they are considered (1) a threat to public health in Australia (such as for having active tuberculosis) or (2) where their disease or condition would result in significant cost to the Australian community or prejudice the access to health care by Australian citizens or permanent residents. Where a split family and humanitarian visa stream visa applicant has a disease or condition that would ordinarily result in significant cost to the Australian community or prejudice the access to health care by Australian citizens or permanent residents, a ‘health waiver’ would be provided to them to allow them to resettle in Australia. This on par with the Canadian Humanitarian visa criteria, in which Refugee applicants are not refused a Humanitarian Visa based on ‘medical inadmissibility’ due to excessive demand on Canada’s health system. It is our belief that this health waiver for humanitarian visas ought to remain in force for any Humanitarian Visa under the proposed Humanitarian

The tremendous benefit to the Australian community made by persons with a disability and their families was eloquently expressed by Dr Harris Rimmer from Australian Lawyers for Human Rights told the Committee in her submission to the House of Representatives Committees Joint Standing Committee on Migration. When informed that the Department of Immigration had refused 1,586 visas on ‘health grounds’ potentially saving the Australian community $70 million in health and community services costs, Dr Rimmer stated: “..We have to be very cautious of statements like that… it is a very reductionist view of cost. We have no idea what impact those 1,586 people would have made on the Australian economy. It only took one Frank Lowy as a refugee many years ago to make an enormous impact on the Australian economy. It only took one Ron McCallum, who you have taken evidence from, to make an enormous impact on the study of law in Australia. It only took one Graeme Innes, who you also took evidence from, to make a huge contribution to human rights in this country. So I was very nervous about that particular figure, (a) because it is plucked out of the air and (b) because it again does not represent the costs lost to Australia from rejecting that category of people.”[7]

There is an immense public benefit gained by Australia in terms of the net benefit of the social and economic contribution made by persons with a disability and their families that outweighs the consideration to examine the impact on public health expenditure when a prospective humanitarian visa applicant may potentially be a financial burden on the taxpayer.


8. Humanitarian applicants under a Community Support Programme could receive priority processing. What are the advantages and disadvantages of this approach?


Unfortunately far too often refugees are forced to languish for long periods of time in situations where they face insecurity and hardship whilst their family members in Australia, who are often refugees themselves, remain preoccupied and anxious as long as their relatives have not found safety and stability. In our experience, the priority given to Humanitarian Visa applications under the Community Pilot Program and the significantly decreased processing time has been a welcome component of the Community Pilot Program.

We have found community sponsors are more than willing to pay the considerable fees related to an application if it means they can get their relatives to Australia in a relatively short period of time. Many sponsors have told us that the financial burden of supporting their relatives overseas, who cannot work after being displaced, is often much greater than the fees involved in the Community Pilot Program.

In addition, there are concerns that under the regular humanitarian visa process applications can take up to 2 years to process, and given the applicant’s circumstances are not considered at the time the application was made, the applicants circumstances may have changed to an extent that they may no longer be considered a suitable candidate for the regular humanitarian visa.
Currently, subclass 202 visa applicants face unacceptably long processing delays, with waits of 2 years being the routine. Whilst no immigrant should have to wait so long, in the case of refugees delays can cost lives. Resettlement is first and foremost a humanitarian program intended to provide protection and a durable solution to people forced to flee their home country. A program that asks refugees to wait for years cannot provide protection to refugees whose lives are at imminent risk.

Refugees waiting for private sponsorship may be under threat of deportation back to a situation of persecution. Even if they are not deported, they are living with insecure status, vulnerable to violence and deprivation. Children may have to go without schooling, adults without the right to work, and all without adequate access to health care.

For example, the evidence shows that when privately sponsored refugees arrive in Canada, they may face additional serious challenges to their integration as a result of the long delays. Children who have missed schooling may never be able to fully catch up. Untreated physical ailments may have caused permanent damage to refugee’s health. Long separation may have wrenched families so far apart that the gap may never be crossed.

The main disadvantage of priority processing would be, depending on whether a VAC is charged, negative community perceptions that priority is being given to those refugees who have, whether on their own account or through family members, greater financial capacity, rather than being based on fundamental principles of equality. However, it must be recognized that private sponsorship does not rely on public resources, but rather taps the energy and funds of family members, ethnic groups and other community associations.


9. A Community Support Programme could target humanitarian applicants who are not linked to a family, organisation or community in Australia — and who are more likely to settle in a non-metropolitan location. What are the advantages and disadvantages of this approach?


A refugee having fled their own country of origin because of the terrible situations they have faced are likely to have experienced very traumatic situations of deprivation and violence. The ‘UNHCR Global Trends Report 2013’ states that there are currently 51.2 million refugees requiring resettlement, competing for 98,400 resettlement placements in 21 countries. Given the statistics, we would assume that the Australian Government would be in a position to find humanitarian visa applicants that would be willing to resettle in non-metropolitan rural Australia.
However we don’t believe that the Community Support Programme ought to be used to resettle Humanitarian Visa newcomers that do not have any links to a family or community organisation in non-metropolitan rural Australia where they are potentially removed from essential support services, adequate employment prospects, and having a close Australian community member and/or Australian organisations provide settlement support services that would enhance the sense of belonging that a newcomer needs to feel to integrate into Australian society.

Many regional areas in Australia have, in recent years, struggled economically with a growing inequality between urban and metropolitan areas with the rates of poverty worse in rural, regional and remote areas than in capital cities[8]. Long established, non-migrant populations living in rural and regional areas in Australia are often faced with additional problems which often exacerbate poverty, such as reduced access to health services, transport difficulties, inadequate local infrastructure, and vulnerability to drought and other natural hazards.

Submissions to a Senate inquiry into poverty in 2004 highlighted inequality in the distribution of employment opportunities between rural and regional areas compared with metropolitan areas. Problems included the lower share of employment generated by primary industries compared with industries in metropolitan areas, compounded by declining opportunities for unskilled work[9].

The economic volatility in non-metropolitan rural Australia may lead to a discrepancy between the support services that refugees ought to be afforded and require to successfully integrate into Australian society, to the services they are provided with. The economic volatility, coupled with Humanitarian Visa newcomers often poor command of the English language, their unfamiliarity with the labour market, their non-transferability of qualifications, their unique requirements on the health services should they be suffering from post-traumatic stress disorder, means that they would be placed a special disadvantage should they attempt to resettle in non-metropolitan rural Australia.

Moreover, given the limited employment opportunities in regional areas, Humanitarian Visa newcomers may potentially be more vulnerable to exploitation and/or social exclusion. In this context an influx of migrants who subsequently compete for a small pool of jobs may create community tension and compound regional area disadvantage[10].


10. What implications would the use of an AoS have on the successful settlement of humanitarian entrants? How long should the AoS period last?


11. What implications would the use of an AoS have on a humanitarian client’s proposer in Australia?


A broad interpretation of Article 9 of the International Covenant on Economic, Social and Cultural Rights that ‘The States Parties to the present Covenant recognize the right of everyone to social security, including social insurance’ provides at the very least the general moral framework that Australia ought to consider in its domestic policy making. By incorporating an Assurance of Support component for a Humanitarian visa, Australia could be seen to breach its international obligations under the ICESCR by diminishing the social protection Australia currently affords to Humanitarian visa newcomers. By placing lengthy ten year or two year restrictions on accessing social security services on humanitarian visa newcomers, we are disadvantaging those who are already at the greatest social disadvantage.

There is an inherent issue of inequality when an Assurance of Support is required for a Humanitarian visa application, with the introduction of cost factors that outweigh the compassionate considerations involved when considering these application, which on the face of it would seem to be at odds with the basic objectives of the Humanitarian Program. Should there be an Assurance of Support component to the Humanitarian Community Support Programme, it would appear to leave open the possibility for unfair and oppressive outcomes when Australian community members and Australian organisations are pitted against one class that are financially wealthy and have access to funds against another class of the Australian community who cannot afford it, revealing a level of inequality through a reliance on finances.

These matters had been agitated within the Australian community, and it was formerly resolved that an Assurance of Support or a waiting period for social services would not apply to Humanitarian entrants into Australia, or their families that arrived on split family visas. Since 1 January 2012[11], it has been the policy of the Department of Families, Housing Community Services and Indigenous Affairs (FaHCSIA)[12] that the partners of refugee and humanitarian entrants are exempt from the New Arrivals Waiting Period and are eligible to apply for and receive Centrelink payments on arrival and are not required to provide an Assurance of Support.

This qualifying residence exemption and the newly arrived resident’s waiting period exemption recognises that Humanitarian Visa holders have not had the same freedom of choice as other migrants when making the decision to come to Australia. Their immediate family members (partners and dependent children) are also exempt and this policy recognises the fact that the sponsored family members of refugees have often been in refugee-like situations themselves, and will face the same sorts of settlement barriers.

In our firms’ experience, those community members that are proposing applicants under the current Community Proposer Pilot are often Humanitarian Visa holders themselves, and have sought to reunite their family and friends abroad to resettle in Australia. In our firm’s experience in assisting clients under the Community Proposal Pilot, we find that our clients are generally content to pay the considerable Visa Application Charges, as well as the Approved Proposing Organisation fees that is considered a de-facto Visa Application Charge, on the premises that their family members living abroad, displaced from their country of origin and often living in horrific conditions have their visa applications granted priority processing and are expedited.

Whilst we understand that there may be a potential cost to the community should a Humanitarian Visa applicant subsequently claim social security, the requirements of the assurance of support will undoubtedly have, in some circumstances, the effect of denying family reunion to poorer Australia residents who do not have the financial means to undertake the commitment for 10 years.
We do not believe that it is in the national interest to keep out individuals who could bring skills and qualities because the of an unduly prohibitive Assurance of Support criteria being applied. We also don’t believe that there ought to be a reopening of the national debate as to whether there ought to be an Assurance of Support component to a Humanitarian Visa newcomer.


12. How can people proposed under a Community Support Programme be better assisted into employment?


New entrants are often impacted by barriers to employment including:

(1) Limited English Proficiency:

During 2004-09, 78% of entrants felt that they had either poor or no English proficiency[13]. Having this in mind, the CSP should assist new entrants in enrolling in English programs such as the Adult Migrant English Program (AMEP), which provides flexible arrangements for completion of 510 hours of language lessons. This may involve provision of interpreters that can explain the nature and commitments of the program[14]. The lessons can be taken even if the entrant is able to find work.

(2) Difficulties in recognition of skills, qualifications and experience:

Refugees may have previously obtained qualifications in their previous country of inhabitancy. In the process of migration, they may lost documentation or simply cannot access financial resources to have their skills recognised in Australia. The UK’s Refugee Education and Training Advisory Service (RETAS) matched entrants with UK professionals from the same field to providing mentoring, training and advice on work placement[15].

Subsequent to AMEP, CSP may assist entrants with enrolment in vocational and educational training (VET) to ensure the certificate courses they have completed can be transferred to domestic employment opportunities. This could be facilitated through referral services by APOs or SCOs.

(3) Lack of employment services supporting transition:

Many entrants experience challenges with finding work experience placements and applying for work. CSP could establish a mentoring program (similar to the Given the Chance program that is targeted at refugees and humanitarian entrants) that pairs volunteers with new entrants. Each session would involve career advice relating to the job application process and resume writing[16].


13. What are the implications of applying a VAC to applications under a Community Support Programme?


Applications currently made under Australian’s regular humanitarian visa program do not attract a VAC. The implications of applying a VAC to applications lodged through a community support programme depends on whether the application will be given priority processing.

If such applications are given priority processing, it may break the principle that applications should be processed mainly according to merit, including consideration of the degree of any persecution / discrimination suffered, the extent of the applicant’s connection with Australia and the capacity of the Australian community to provide for the permanent settlement of the applicant.

Australia’s treatment of asylum seekers should be consistent with the human rights obligations under the UN Refugee Convention and other treaties, and reflect the fundamental humanitarian values that are broadly shared in our society. These obligations include fair and timely processing of claims for protection. There may be negative community perceptions and blowback generated if it appears that those with the capacity to pay are being given preferential treatment to those who do not have the required funds.


14. How much should a VAC be and why?


Based on our experience, if an application is given priority processing, family members acting as sponsors under the Community Pilot Program are more than willing to pay a significantly higher VAC. The current VAC and APO charges seem to be set at a level that is relatively attractive for sponsoring family members.

If the same VAC is applied in a community support programme, it can be argued that the contribution being made to the consolidated revenue generated should be appropriately acknowledged by decreasing the processing time of the application.


15. What are the advantages and disadvantages of using a VAC in conjunction with an AOS?


If the current VAC for the pilot program is to be maintained, having both a considerably expensive VAC as well as an AOS will make any visas issued pursuant to a Humanitarian Community Support Programme the second most expensive Australian visa, with the exception of the Contributory Parent Visa.

As previously mentioned, Australia needs to be attentive to the moral framework established pursuant to its international obligations under Article 9 of the International Covenant on Economic, Social and Cultural Rights, and the further practical repercussions in requiring an assurance of support for Humanitarian Visa applicants.

For example, the main barrier to humanitarian entrants finding gainful work is lack of English language skills. If they are forced into the workplace early, they may find themselves working in an occupation that is well below their skill set and ability. It would be more beneficial for the Humanitarian visa newcomers if they were granted social security payments to allow them to concentrate on improving their English language ability, and transitioning to Australian society.


16. What settlement responsibilities should proposers under a Community Support Programme have and what undertakings should proposers be required to give?


17. What are the benefits or challenges with having community members and organisations provide settlement support to humanitarian entrants under a Community Support Programme?


18. How can entrants under a Community Support Programme be better assisted towards self-sufficiency as soon as possible after their arrival in Australia?


The key settlement responsibility that proposers under a Community Support Programme ought to have is to ensure that the Humanitarian Visa newcomers are given every possible chance to increase their chance for self-sufficiency in Australia, and ensure they are able to link up into a secure and supportive social network in their local community, with established Australian individuals and groups that share common interests and a common background.

Proposers under a Community Support Programme will ideally need to ensure that they have developed a network of contacts to ensure that Humanitarian Visa newcomers are given every possible opportunity to socially integrate and be socially included into Australian society. This includes being provided with employment options, language courses, resettlement services, cultural orientation, adequate housing and access to social services to ensure Humanitarian Visa newcomers are able to fully participate in all sectors of Australian society and to establish a stake in Australian society.

Executed properly, the task of ensuring social inclusion and integration of Humanitarian Visa newcomers is a task that the proposer is required to undertake from the first day of arrival of the newcomers and becomes a two way street. The task firstly requires the proposer to ensure that the Humanitarian Visa newcomers feel included and valued in our Australian society, giving them the opportunity to participate fully in society – and secondly requires the adoption of the values and opportunities of Australian society on the part of the Humanitarian Visa newcomers. The success of the integration of the Humanitarian Visa newcomers into Australian society is dependent on the degree on which the newcomers feel included and able to participate in Australia’s economic, social, political and cultural life and their own perception of their acceptance in Australian society.

Having Australian community members and Australian organisations provide settlement support services to Humanitarian Visa newcomers can only enhance the sense of belonging that a newcomer feels. The Australian individuals and organisations would be able to respond more rapidly to the needs and requirements of the newcomers, and provide them with the support and services they require from within their own ethnic community. The support of an existing and established community with resources would ensures that they are able to immediately respond to the newcomers needs for housing, schooling and general welfare services to cushion the often difficult resettlement process.



[1] Multicultural Development Association Inc. (MDA) (2012). Settlement works snapshot: Employment in early settlement.
[2] Hugo, Graeme (2011). Economic, social and civic contributions of first and second generation humanitarian entrants. Report for the Department of Immigration and Citizenship
[3] Refugee Council of Australia (RCOA) (2010). Economic, civic and social contributions of refugees and humanitarian entrants: A literature review. Report for the Department of Immigration and Citizenship. Canberra: Commonwealth of Australia.
[4] Hugo, Graeme (2005). Migration policies in Australia and their impact on development in countries of origin.
[5] Carrington, Kerry, Alison McIntosh, and Jim Walmsley (Eds) (2007). The social costs and benefits of migration into Australia. Canberra: Commonwealth of Australia, & Hugo, Graeme (2011). Economic, social and civic contributions of first and second generation humanitarian entrants. Report for the Department of Immigration and Citizenship. & O’Dwyer, Monica (2011). Participation and employment: A survey of newly arrived migrants and refugees in Melbourne. Research and Policy Unit, AMES., & Refugee Council of Australia (RCOA) (2010). Economic, civic and social contributions of refugees and humanitarian entrants: A literature review. Report for the Department of Immigration and Citizenship. Canberra: Commonwealth of Australia
[6] Refugee Council of Australia (RCOA) (2010). Economic, civic and social contributions of refugees and humanitarian entrants: A literature review. Report for the Department of Immigration and Citizenship. Canberra: Commonwealth of Australia
[7] Dr Susan Harris-Rimmer, Australian Lawyers for Human Rights, Committee Hansard, Canberra, 18 November 2009, p. 2
[8] Joint report by the National Rural Health Alliance and ACOSS, ‘A Snap Shot of Poverty in Rural and Remote Australia’ 14 October 2013
[9] Senate Inquiry into Poverty and Hardship in Australia, 2004, referencing submissions from Mission Australia and Uniting Care
[10] Ho, S. Y. and Henderson, J. (1999) ‘Locality and the Variability of Ethnic Employment in Britain’, Journal of Ethnic and Migration Studies 25(2): 323–33
[11] http://www.immi.gov.au/legislation/amendments/2012/120101/lc01012012-01.htm
[12] http://guidesacts.fahcsia.gov.au/guides_acts/ssg/ssguide-3/ssguide-3.1/ssguide-3.1.2/ssguide-3.1.2.70.html
[13] DIAC Settlement Reporting for period 1/7/04-30/6/09,
[14] http://www.education.gov.au/amep
[15] http://retasleeds.wix.com/retasleeds#!what-we-do/c1jxp
[16] http://www.bsl.org.au/services/work-and-learning/given-the-chance/

The Community Proposal Pilot – Offshore Refugee and Humanitarian Visa



Community Proposal Pilot - Refugee Visa - GMH Legal


In breaking news, issued on 5 June 2015, it has been announced that there will be 500 individual visa places available in the Community Proposal Pilot (CPP) for the 2015-2016 financial year.

The Community Proposal Pilot (CPP) is a national trial by the Australian Government to enable communities to assist people to resettle in Australia under the Humanitarian Program. Under the Pilot, organisations such as the Illawarra Multicultural Services work with communities to identify people to propose, support their application for a Refugee and Humanitarian (Class XB) visa, and if the visa application is successful, ensure that settlement services are provided to them to help them settle well in Australia.

The CPP provides an additional settlement pathway for people in humanitarian situations overseas, who have strong community ties and capacity in Australia. The CPP harnesses the goodwill that exists within the Australian community to assist people to settle successfully, by providing a substantial financial contribution toward the cost of settlement and the provision of practical support.

Successful visa applicants proposed under the Community Proposal Pilot will be granted permanent humanitarian visas, and provided settlement services for a period up to 12 months. Entrants under the Pilot will be able to access services such as Medicare and social security payments, subject to normal eligibility requirements.

HOW THE PILOT PROGRAM WILL WORK


The Department of Immigration and Border Protection (DIBP) has signed a legally binding Deed of Agreement with the Illawarra Multicultural Services and other well-established community organisations to become an Approved Proposing Organisation (APO).

The Illawarra Multicultural Services is a not-for-profit community-based agency located in Wollongong, New South Wales. They have been providing a range of support services to refugee and humanitarian entrants under the Settlements Grants Program since we began operations as the Illawarra Migrant Resource Centre in 1981.

They have been committed to ensuring high quality support to proposed clients and families under the Community Proposal Pilot, working in partnership with the Department of Immigration and Border Protection (DIBP) and Supporting Community Organisations (SCOs).

This Department of Immigration Pilot will not be the right option for all communities, and is not intended for the most vulnerable of applicants who require intensive case management and government-funded services on arrival. However, it is a Pilot of a new and exciting pathway that will meet the needs of some people in overseas humanitarian situations, and those communities wishing to settle and support them here in Australia.

The Illawarra Multicultural Services acts as the Proposer on the humanitarian visa application, and develop formal arrangements with Supporting Community Organisations (SCOs) to ensure the successful delivery of the Pilot. SCOs are community groups or organisations who will identify people to apply for a refugee and humanitarian visa, assist in completing the application process, and if the visa is granted, help them to settle in Australia.

WHO IS ELIGIBLE?


The Pilot is intended for individuals and families in humanitarian situations overseas. Applicants must have established family or community connections in Australia, who will provide support for the applicant to settle successfully in Australia.

People being considered under the Pilot must:

  • be proposed by an APO
  • be outside Australia when the visa application is lodged
  • meet the eligibility criteria for a refugee and humanitarian visa
  • meet Australia’s health and character requirements.


WHAT ARE THE COSTS?


A two-stage Visa Application Charge (VAC), payable to DIBP, comprising:

  • a 1st stage VAC of $2,680 for the primary visa applicant, to be paid at the time the application is lodged
  • a 2nd stage VAC of $16,444 for the primary visa applicant, to be paid just prior to a decision on the application
  • a 2nd stage VAC of $2,680 for each secondary applicant, to be paid just prior to a decision on the application.
  • Medical checks for people being proposed, when requested by DIBP
  • The cost of airfares to Australia
  • Accommodation
  • Household costs such as goods, food and utilities connection


CONTACT GMH LEGAL TODAY


At GMH LEGAL, we have the skills and the ability to ensure that we maximise the prospects of success for your your Refugee Visa application. Please contact our offices for some advice over the phone.

Email: ghanna@gmhlegal.com
Tel: (02) 9587 0458.


BREAKING NEWS: COMMUNITY PROPOSAL PILOT IS NOW OPEN!The hugely successful Offshore Refugee and Humanitarian (Class XB)…

Posted by GMH LEGAL – Solicitors & Barristers on Thursday, June 4, 2015

Nepalese Earthquakes – Immigration Considerations



nepal - gmh legal



The recent earthquakes in Nepal will have repercussions here as Australia is the home to large numbers of Nepalese temporary visa holders –many of them students.

The first likely effect is that it will make it much harder for new applicants from Nepal to obtain student visas.

The Department is likely to refuse many applications on genuiness grounds-the situation in a person’s home country is an important factor in assessing whether an applicant is a genuine temporary entrant.

A second repercussion will be on existing students in Australia-some applying for further student visas may find it difficult to satisfy the financial and genuiness requirements.

Nepalese students who have visas cancelled are also likely to rely on the earthquakes to explain poor attendance or study records.

It has been suggested that some students from Nepal will make protection visa applications.

If they do the applications are likely to be refused as a natural disaster in someone’s home country cannot, by itself, provide the basis for being granted a protection visa.

Some students may be hoping for Ministerial intervention or some special arrangement that will give them permanent residence.

This is unlikely –it did not happen when natural disasters devastated other countries in the region in recent times.

The Procedures Advice Manual includes the following section on situations where the Minister may use his powers under the Migration Act to intervene and grant a visa.

  • compassionate circumstances regarding the age and/or health and/or psychological state of the person such that a failure to recognise them would result in irreparable harm and continuing hardship to the person; or
  • where the department has determined that the person, through circumstances outside their control, is unable to be returned to their country/countries of citizenship or usual residence; or

Despite the widespread destruction in Nepal it is unlikely that a person simply claiming they do not want to go back to Nepal because of the damage caused by earthquakes would satisfy these criteria.

If you need advice on immigration matters, please contact our offices for some advice over the phone or in conference.
Email: ghanna@gmhlegal.com
Tel: (02) 9587 0458.


Business Visas For Gulf Nationals


Business Visa, immigration lawyer

The Australian Government has announced new business visa options for business people and investors from the gulf region.

The Business (Innovation and Investment) Visa is a pathway to permanent residence for families from the Gulf region who have a successful business or investment career and have a genuine and realistic commitment to invest in Australia.

You must be less than 55 years of age, although a state or territory can waive this requirement if your proposed business will be of exceptional economic benefit to the relevant region. There are two pathways:

1. Business Innovation pathway; and
2. Investor Pathway.


BUSINESS INNOVATION PATHWAY



If you apply under the Business Investor pathway, you and your partner combined must have:

  • total assets of at least AUD$800 000;
  • total annual business turnover of at least AUD$500 000 in at least two of the four fiscal years immediately before you are invited to apply;
  • owned at least:
    • 51 % of a business with a turnover of less than AUD$400 000 per annum;
    • 30 % of a business with a turnover of more than AUD400 000 per annum; or
    • 10 % of a publicly-listed company


INVESTOR PATHWAY



If you apply for the Investor Pathway, you and your partner combined must:

  • have a net value of at least AUD$2.25 million;
  • make your government-approved designated investment before a visa can be granted;
  • have a genuine and realistic commitment to continuing your business and investment activity in Australia after the original investment has matured;


Download the free eew emigrants guide for more information about Australia. TellMeAboutAustralia

If you are interested in applying for the Business (Innovation and Investment) Visa, please contact our offices for some advice over the phone.
Email: ghanna@gmhlegal.com
Tel: (02) 9587 0458.



Our firms representatives visit the Gulf Region on a regular basis, and will be able to arrange a consultation to discuss your Australian Visa options.



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Chinese regulators may turn off the money flow that is funding the Australian real estate bubble



immigration lawyer sydney


A Chinese Government crackdown on the recently exposed activities of the Bank of China’s money laundering efforts in Australia will have repercussions on the sustainability of high property values in Sydney and Melbourne.

China’s state broadcaster CCTV has launched an attack on one of the country’s most powerful government controlled financial institutions – the Bank of China, accusing it of money laundering in Australia, via the Australian Significant Investor Visa Program.

Australia’s Significant Investor Visa program offers an accelerated pathway for wealthy investors to gain permanent residency by investing $5 million in the Australian economy.

There are over 1,200 applicants either approved, or in the pipeline for approval for the Significant Investor Visa, with an estimated $6 billion of proposed investments in Australia. A significant amount of the funds being invested in Australia through the program have been used to fund new residential housing developments in major Australian cities, particularly Sydney and Melbourne.

Chinese and other Asian investors have been a major force in driving the price of dwellings in Sydney and Melbourne to high levels. If the Chinese were to suddenly curtail their buying, then the Australian dwelling market would almost certainly suffer a considerable setback.

Under the Labor government, only a small number of Significant Investor Visas’ were granted, whereas the Liberal government is ramping up its approved of the Visa’s.

Under China’s stringent foreign exchange law, citizens are only allowed to send $US50,000 or $A53,000 abroad per year. Australia has been repeatedly been mentioned as the destination of “grey money” coming out of China in relation to Australia’s significant investor visa program.

“We don’t care where your money is from or how you earn it, we can help you get it out of the country”, a Bank of China employee told CCTV. “We don’t care how black your money is or how dirty it is, we will find ways to launder it and shift it overseas for you,” according to a detailed CCTV investigative report.

CCTV undercover footage clearly shows the Australian national flag on a Bank of China stand at a busy immigration show, advertising Australia as an important destination for investors. Social media posts from major media outlets about the story prominently feature a picture of a map of Australia

A senior manager with one of the big four Australian banks told the CCTV reporters that the Bank of China was crucial to the bank’s migration business. “The money is very safe and will leave the country in a very grey channel. The Bank of China is the same as an underground bank [a Chinese term for black market operators that launder money],” he told CCTV.

We have just seen development land in Melbourne and Sydney with building permits double in price on the back of frantic Asian buying, funded by Chinese banks.
The risk of the curtailing of the Significant Investor Visa program leading to a significant downfall in the residential property market cannot be discounted, and even the possibility of the end of the program leading to a technical recession must be acknowledged.

We will be watching to see whether Chinese regulators turn off the money flow that is funding the Australian real estate market.

Contact us for a Free Consultation


Our lawyers always go over and above to give you the best advice as quickly as possible.

Whether its quick information over the phone for a question that’s been on your mind for while, or general information about an area of law, we’re happy to help. Call us today and experience the difference:

Tel: (02) 9587 0458
Email: solicitors@gmhlegal.com

Start of Financial Year Tips For Subclass 457 Sponsors



457 visa update


Well, its this time of year again, and there’s just two ways you can view it… You’re either suffering from the dreary drudgery of the mid year blues slump, or it’s the start of the brand new financial year, with fresh opportunities and new business resolutions.

Lets take the latter approach and start with a fresh view of approved Business Sponsors for 457 visas.

Business Sponsors need to tidy up shop in relation to several of their sponsorship obligations because failure to do so may result in fines or loss of sponsorship status and may also prevent future approvals of 457 and Employer Nomination applications.

Here are 4 action steps employers can take now to help meet your obligations:

1. Training Expenses


Sponsors approved prior to 1 July 2013 must ensure annual training expenditure is made prior to the end of the financial year. You must pay 1% of gross payroll to train your Australian employees or deposit 2% into an industry training fund.

For employers approved from 1 July 2013 onwards, the training expenditure must be made within the 12 month anniversary of sponsorship approval. The EOFY is a good time to nevertheless track YTD expenditure on training and budget for the balance to be spent in the coming financial year.

2. Temporary Skilled Migration Income Threshold (TSMIT)


The base salary threshold set on 1 July 2013 for the current financial year is $53 900. All 457 nominees must be paid at least that amount for a 38 hour week. If the salary has not been reviewed since 1 July, check the payroll figure now and top up as required.

Whether you have nominated applications to be lodged before 1 July 2014 (which are unlikely to be approved before 1 July 2014) where the market salary and annual earnings are under the likely new TSMIT of approximately $55,500 – employment offers will need to be reviewed and amended in line with the new TSMIT, as the new TSMIT will apply.

The TSMIT will rise from 1 July and 457 visa holders’ base salaries must continue to meet the new TSMIT.

3. Terms And Conditions


Apart from meeting the TSMIT criterion, employers must ensure that 457 visa holders are employed on equivalent terms and conditions – including salary – to Australian staff in the same position in the business or else at market rates. Check payroll YTD and adjust pay as necessary.

And, with the rise in the TSMIT on 1 July, it may also be necessary to adjust the salaries of any Australian employees against whom the 457 nominee’s salary is being equated.

A 457 sponsor’s obligations are not necessarily difficult to maintain but employers must be on top of those obligations and should schedule regular actions to ensure that their records reflect the keeping of those obligations.

4. Superannuation Increases


There is an increase in the Superannuation contribution from 9.25% to 9.5% effective 1 July 2014.

Transitioning to Permanent Residency


If you are in Australia on a subclass 457 visa, the two most commonly used method of obtaining permanent residency is to apply for a Employer Nomination Visa (Subclass 186) Visa under the Temporary Resident Transition Stream.

The Temporary Residence Transition Stream is right for you if you are a subclass 457 visa holder who has worked for two years in the same occupation with your nominating employer under the subclass 457 program, and your employer now wants to offer you a permanent position in that same occupation.

The eligibility criteria are that you must:

  • hold a Subclass 457 Visa;
  • have worked for at least 2 of the last 3 years in the same position your employer nominated you for while you held your subclass 457 visa;
  • have been nominated by your employer for a permanent position and the nomination must have been approved within the last 6 months;
  • be under 50 at the time of application (unless you are exempt);
  • have the required skills and qualifications for the position (you must hold any mandatory registration, license or professional membership, or you must already be fully assessed as suitable by the relevant body);
  • have at least vocational English (score of at least 5 on all four components of IELTS or a score of B on all four components of the OET test) – there is an exemption to the English language requirement for passport holders from the UK, US, Canada, New Zealand and Ireland); and
  • meet health and character requirements.


Contact us for a Free Consultation


At GMH Legal, our lawyers go over and above to give you the best advice as quickly as possible. Whether its quick information over the phone for a question that’s been on your mind for while, or general information about visa’s in general, we’re happy to help. Our contact details are:

Tel: (02) 9587 0458
Email: solicitors@gmhlegal.com



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Australia To Allow More Language Test Options For Visas



english language test


Australia’s Department of Immigration has said that it will accept English-language test scores issued by a larger number of exam boards across its visa programs from November 2014.

Currently, applicants for most visa subclasses that require language proficiency must provide scores from the International English Language Testing System (IELTS) or the Occupational English Test (OET). The new alternatives will be the Test of English as a Foreign Language internet-based test (TOEFL iBT) and the Pearson Test of English Academic (PTE Academic), both from November 2014, and the Cambridge English: Advanced (CAE) test, from early 2015.

However, in the case of the CAE, scores from tests taken before the implementation date will not be eligible. All these tests are already accepted under the Student Visa Program.

The change will affect various visa subclasses from the Temporary Graduate, Skilled and Work and Holiday visa program, and will also apply to intending migrants submitting an Expression of Interest through SkillSelect. However, the Temporary Work (Skilled) Visa (subclass 457) visa is not included, as the 457 Program is currently undergoing an independent review.

The following visa subclasses from the Temporary Graduate, Skilled, Former Resident and Work and Holiday visa programmes will accept a TOEFL iBT or PTE Academic test score as evidence of English ability from November 2014:

  • Distinguished Talent (Australian support) (subclass 124)
  • Business Talent (subclass 132)
  • Former Resident (subclass 151)
  • Business Owner (provisional) (subclass 160)*
  • Senior Executive (provisional) (subclass 161)*
  • Investor (provisional) (subclass 162)*
  • State/Territory Sponsored Business Owner (provisional) (subclass 163)*
  • State/Territory Sponsored Senior Executive (provisional) (subclass 164)*
  • State/Territory Sponsored Investor (provisional) (subclass 165)*
  • Employer Nomination Scheme (subclass 186)
  • Regional Sponsored Migration Scheme (subclass 187)
  • Business Innovation & Investment (provisional) (subclass 188)
  • Skilled – Independent (subclass 189)
  • Skilled – Nominated (subclass 190)
  • Work and Holiday (temporary) (subclass 462)
  • Skilled – Recognised Graduate (subclass 476)
  • Temporary Graduate (subclass 485)
  • Skilled – Regional (provisional) (subclass 489)
  • Distinguished Talent (subclass 858)
  • Skilled – Regional (subclass 887)
  • Business Innovation and Investment (permanent) (subclass 888)
  • Business Owner (Residence) (subclass 890)
  • Investor (Residence) (subclass 891)
  • State/Territory Sponsored Business owner (Residence) (subclass 892)
  • State/Territory Sponsored Investor (Residence) (subclass 893)

The department will continue to accept scores from TOEFL iBT, PTE Academic and Cambridge English: Advanced (CAE) for the Student visa programme. Student visa applicants can also continue to provide test scores from IELTS and OET tests.

The Temporary Work (Skilled) visa (subclass 457) visa is not included in this list at this time because the subclass 457 visa programme is currently undergoing an independent review. Any updates about English language testing for the subclass 457 visa will be published on the department’s website later this year.

The department will accept test scores from the Cambridge English: Advanced (CAE) test for all visa programmes from early 2015 (final implementation date to be confirmed). Scores from a Cambridge English: Advanced (CAE) test taken before the 2015 implementation date will not be accepted by the department.

Minimum required test scores for the Cambridge English: Advanced (CAE) test will be published on the department’s website later this year.

From November 2014, intending migrants submitting an EOI through SkillSelect will be able to provide test scores from the TOEFL iBT or PTE Academic tests.

From November 2014, TOEFL iBT and PTE Academic test scores will be benchmarked against the IELTS equivalent score for each English language proficiency level (Functional, Vocational, Competent, Proficient or Superior). A summary of test score equivalencies for all English language tests accepted by the department from November 2014 is provided below.

For information about:

If you have any questions regarding an Immigration Visa matter, call the experienced lawyers at GMH Legal for a FREE consultation:

Tel: (02) 9587 0458
Email: solicitors@gmhlegal.com

Our Legal Fees & Services



Family Law, Criminal Law, Immigration, Traffic Law

At GMH Legal we believe that client relationships matter more than time sheets which is why we offer a range of alternative fee arrangements to best suit your needs.

Our focus is on client service and establishing mutually rewarding relationships with our clients. We think that billing by the hour does not encourage the most efficient and effective delivery of legal services.

We strive to be innovative and eliminating the inherent inefficiencies of the billable hour means that we can focus on achieving the best possible result for our clients.

However, we do recognise that not all matters lend themselves to an alternative fee arrangement. That is why we offer a range of alternative fee arrangements, including straight time based billing if that is what works best for you.

We will work in collaboration with you to determine your specific legal requirements and then develop the most effective strategy and fee arrangement for your needs.

What we offer

GMH Legal can offer you the following fee arrangements, or a combination of these, as an alternative to time based billing. These options can be customised to suit your needs. No matter what fee arrangement you prefer, providing you with certainty by scoping and pricing our work upfront is our priority.

Fixed and value pricing

GMH Legal can charge you a fixed price for any matter. We will quote you a price and stick to it. If there is a change in the agreed scope of work, we will send you a variation detailing the new scope and the price for that change.

Value pricing is a fixed price that we agree up front with you that reflects your legal requirements and the service we provide. With value pricing you don’t pay for our time – you pay for the work we do and the value you receive.

This ensures you receive more value for your legal spend. Value pricing can also include fee incentives to achieve your goals and for results that exceed expectations. These incentives align our interests with yours, making your success our success.

Flexible retainers

With a retainer agreement, GMH Legal will charge you a fixed periodic fee for the provision of legal services. A retainer provides the budgetary control and certainty that hourly billing can’t.

We determine the periodic fee by calculating the average value of our services over the time taken to conduct the matter. A retainer means you know exactly what you will pay for the result you desire.

We will regularly review the terms of the retainer with you to ensure it remains fair to both parties.

Event-based pricing

GMH Legal can charge you a fixed price for each stage of a matter. We work with you to properly scope the matter, determine the stages involved and then agree a fixed fee with you for each stage.

Want to know more? Contact us to discuss how we can tailor a fee arrangement to best suit your needs.

George Hanna
Director Solicitor

Tel: (02) 9587 0458
Email: solicitors@gmhlegal.com

New Humanitarian Visas Open For Iraqi Nationals



The federal government has recently announced that it will be re-instigating the “Community Proposal Pilot” as of 1 July 2014. The Community Proposal Pilot is a program of up to 500 visa places under Australia’s Humanitarian Program. It allows approved ‘proposing organisations’ to propose someone in a humanitarian situation outside of Australia for a Refugee and Humanitarian visa.



REFUGEE VISA - IMMIGRATION LAWYERS

This is a significant development for displaced Iraqi Nationals who now have a new avenue for applying for permanent residence through the In-Country Special Humanitarian Visa (Subclass 201) or the Global Special Humanitarian Visa (Subclass 202).

As many Iraqi’s would be aware, in a series of recent attacks jihadist militants belonging to an al-Qaeda splinter group have seized two major cities in Iraq. These cities are Mosul, the country’s second largest city, and Tikrit, the hometown of former dictator Saddam Hussein.

As many as half a million people are believed to have fled their homes in Mosul as a band of around 800 Islamic State of Iraq and Syria militants seized the city on Tuesday, with many more Iraqis also fleeing the city of Tikrit.

Now that the Community Proposal Pilot has been re-introduced, these displaced Iraqi nationals can apply for a permanent visa to Australia if they can get the support of one of the four government approved proposing organisations under the program.

GMH Legal has an ongoing working relationship with several these organisations who have provided us with placements to use to nominate people for offshore humanitarian visas during the last round of the Community Proposal Pilot.

Under our arrangement, we provide the proposing organization with a completed a case, and if they believe that it is sufficient to meet the requirements for an offshore humanitarian visa, they will propose the applicant to come to Australia under the pilot program.

Our most recent case under the program was approved in record time of only 1 month, with another 2 months taken for health and character checks by agencies of the federal government.
It should be noted that the application fees for visa applications made under the Community Proposal Pilot are onerous. In total, a single applicant must pay the government $19,124 in application fees, and must also pay the sponsoring organization fees of $5,500.

There is also further government fees of $2,680 for each additional applicant included on the visa application as ‘dependants’, such as spouses and children. That said, this visa allows a potential applicant to apply for a permanent residence visa in instances where such a visa would not otherwise be available.

All visas types under Australia’s Offshore Humanitarian Program can be used to propose a visa applicant. Most commonly for displaced Iraqi nationals, this would include the In-Country Special Humanitarian (Subclass 201) Visa (“the Subclass 201 Visa”) and the Global Special Humanitarian Visa (Subclass 202).

The In- Country Special Humanitarian visa is right for you if you are living inside your home country and subject to persecution in your home country, and have not been able to leave that country to seek refuge elsewhere. This is a permanent residence visa that will allow you to live and work in Australia indefinitely, with all the benefits, such as Medicare and Social Security. Under the Community Proposal Pilot, only Iraqi nationals can apply for this visa, and it is not open to people from other Arab countries.

In contrast, the Global Special Humanitarian Visa is right for you if you are living outside your home country, are subject to substantial discrimination amounting to a gross violation of your human rights in your home country, and are proposed by a person or organisation in Australia. As above, this is also a permanent residence visa that comes with all the benefits of being an Australian permanent resident.

Our firm have handled many of these types of visa applications in the past and have an exceptional success rate. If you know an Iraqi family member or friend who has been displaced and suffered persecution, please call Mr George Hanna on (02) 9587 0458 during business hours to organise a free consultation to discuss lodging a visa application.

Facebookers beware!

The Full Bench of Fair Work Australia (FWA) has upheld the reinstatement of an employee who was terminated for posting offensive comments about his managers on Facebook.

The employee was dismissed after he posted comments on Facebook about two of his managers that were ‘offensive, derogatory and discriminatory, and included suggestions of dishonest and underhanded conduct, and comments of sexual misconduct’. He had some 170 Facebook friends who could see the comments, many of whom were also Linfox employees.

FWA held that the employee’s actions did not amount to serious misconduct, and that the termination of his employment was harsh, unjust and unreasonable.

Linfox appealed FWA’s decision on several grounds. The Full Bench granted permission to hear Linfox’s appeal, due to the importance of clarifying issues regarding use by employees of social networks, in the context of their employment obligations.

However, the appeal was dismissed, with the Full Bench finding that the FWA’s decision at first instance was reasonably open.

The Full Bench noted that a posting on Facebook may provide a valid reason for termination, but each case will depend on the nature of the comments and the width of their publication.

The Full Bench found that FWA’s conclusion that the comments did not amount to serious misconduct was reasonably open, especially considering:

  • some comments were made not by the employee but by his Facebook friends; and
  • some were ‘so exaggerated or stupid as not to amount to any credible threat’.

It followed that the Full Bench considered there was no valid reason for termination.

Even if a valid reason for dismissal had been established, the Full Bench considered that termination was harsh, unjust or unreasonable, because of the employee’s:

  • belief he was using Facebook’s maximum privacy settings;
  • long employment with Linfox (21 years); and
  • regret over his behaviour.

In addition, the comments were made outside the workplace, and other Linfox employees who had participated in the online conversation were not subjected to disciplinary action.

The Full Bench also upheld FWA’s order for reinstatement, finding the conduct the employee had engaged in was not so destructive of the employment relationship that reinstatement was inappropriate.

The Full Bench’s decision is a reminder to employers that derogatory or insulting comments by employees made outside the work setting in online posts may not amount to conduct justifying dismissal.

The decision places the onus on employers to educate employees about their expectations regarding the use of social networks, or face the risk that employees will use ignorance of these as a basis to excuse inappropriate online posts. Development of a social media policy is a desirable step in communicating an employer’s expectations.

For further information on the Emplyment Law matters, please contact our Principal Solicitor, Mr George Hanna on (02) 9587 0458 during business hours.