The new Australian citizenship test proposed by the federal government requiring applicants to correctly answer questions about the country's history, geography and traditions, was recently approved by the Senate with some minor government amendments. The bill will now be sent back to the lower house for final clearance.
The bipartisan joint standing committee on migration submitted to the parliament its report on the inquiry into the federal government's 457 visa program on 12 September. The report said that the public's faith in the scheme was being undermined by claims of exploitation and mistreatment of foreign skilled workers. The committee recommended the setting up of a confidential complaints system where foreign workers could report abuse or suspected breaches of labor laws by their employers. Other recommendations of the committee include the implementation of a national assessment process for overseas-trained doctors and specialists through the Australian Medical Council and a review of character requirements to ensure "the integrity of security and police checks."
Immigration Minister Kevin Andrews announced new changes, effective 1 September, to Australia's General Skilled Migration (GSM) program. The changes are expected to have the biggest impact on international students studying in Australian universities since many of them look forward to applying for permanent residency and work in Australia after graduation. Under the amended program, students who want to apply for a GSM visa would be required to have a higher level of English language proficiency and skilled work experience. In addition, students enrolled in two-year courses who received a one-subject exemption to finish their courses faster and those who reduced their study load and extended their course by a semester will no longer be eligible for permanent residency.
Perth's reclassification will cut foreign workers' wages
According to Immigration Minister Kevin Andrews, the request of WA Small Business Minister Margaret Quirk to classify Perth as a regional area would result in a 10 percent cut in the wages of foreign skilled workers. According to Quirk, the request for Perth to be similarly classified as Adelaide, Hobart and Darwin was made so as not to put it at a disadvantage when people apply for 457 visas. Quirk said Perth is in dire need of workers due to an acute labor shortage given the continued strength of its economy and its ageing workforce. Moreover, a spokesperson for Ms Quirk clarified that the 10 percent pay cut referred to by Andrews will not apply for WA where foreign workers are paid a minimum wage of A$41,850 across the state.
The Workplace Ombudsman launched on 31 August a crackdown against restaurants and takeaway food outlets in Warrnambool that have allegedly been exploiting and underpaying their workers. Some 24 workplace inspectors from Adelaide and Melbourne arrived at the seaside town to interview employees and review their time and wage records. Among those believed to have been exploited are workers on 457 visas and some overseas students at the Warrnambool campus of Deakin University.
Company fined for underpaying Chinese workers
The Federal Magistrates Court has ordered Dor Tu, the owner of a printing company, Aprint Pty Ltd., to pay a fine of A$9,240 for breaching the Workplace Relations Act by underpaying its four Chinese guest workers. Last year, the Hawthorne company was ordered to pay a total of A$93,667 in back wages to its Chinese workers after it was found guilty of failing to pay them the correct hourly rates, non-payment of overtime and for making illegal deductions on their salaries.
Bankstown police, the Immigration Department and the Workplace Ombudsman are investigating the case of two Chinese workers who claimed to have been exploited under Australia's skilled worker visa scheme. Gong Wei, a 32-year old carpenter and Huang Jiandong, 37, a construction worker, arrived in Australia more than 18 months ago on 457 visas sponsored by Frank Wang, owner of Elite Marble & Granite at Condell Park. Wang allegedly terminated their employment in May after they complained of continued underpayment. The two also claimed that Wang, who held their ATM cards, took more than A$30,000 from each bank account where their wages were deposited. On 12 September, Gong and Huang were evicted from their home and, without money or rights to stay in Australia, they fear that they would be sent back to China before getting any assistance.
The Australian government signed a memorandum of understanding with China on 5 September to establish a register of reputable migration and recruitment agents in China. The agreement aims to ease out unscrupulous migration agents who charge migrant workers exorbitant fees of up to A$23,000 to obtain 457 visas to work in Australia. Under the agreement, only Chinese recruitment agents who agree to supply skilled workers to Australia without charging them anything would have their names listed on the websites of the Australian and Chinese departments. However, there are no provisions for direct monitoring of agents on the register nor are there requirements for Australian employers to tap only agents found on the list.
World Bank's chief economist for the Pacific region, Manjula Luthria, called on Australian financial institutions to reduce the transaction fees on remittances by Pacific Island migrant workers in the country. Currently, Pacific Islanders allegedly pay 15 to 50 percent of the amount to be remitted per transaction or up to 55 cents for every dollar they send home. In other parts of the world, migrant workers from the Philippines, Mexico and India pay three percent or less per transaction. According to Luthria, transaction costs could be greatly reduced through the use of prepaid remittance cards or mobile phones to transfer funds.
Immigration Minister Kevin Andrews announced on 12 September that Australia has granted refugee status to 72 of the 83 Sri Lankan boatpeople intercepted off Christmas Island in February who are currently being held on Nauru. However, due to government policy on unauthorized entry into the country, the refugees would be settled in a third country and not in Australia. UNHCR regional representative Richard Towle said his agency's position is that Australia is the "most appropriate" place to resettle the refugees. Towle warned that prolonged stay in the remote Pacific Island could be harmful to the group. However, Andrews reiterated the government's commitment to finding another country to take in the refugees. There is a possibility that they would be sent to the US under the controversial exchange agreement, which would involve, in return, the resettlement in Australia of Cuban refugees from Guantanamo Bay.
Meanwhile, a Western Australian court on 4 September sentenced two Indonesians – Medi Ariyanto, 31, and Na Holik, 22, to eight- and five-year jail terms, respectively, for smuggling the 83 Sri Lankans into Australia.
Iraqi asylum seeker Ali al-Jenabi has accused Immigration Minister Kevin Andrews of breaching the Migration Act for refusing to make a decision on his refugee application within the statutory 90 days. Al-Jenaibi was a former political prisoner in Iraq under Saddam Hussein, which could have easily earned him refugee status. However, he is also a convicted people smuggler, although his involvement in the crime was driven by a desire to find a haven for his family. He became involved in people smuggling in 2000 after accepting an offer from an Indonesian middleman— in which he could send one family member for every boat he manages to help enter Australia. It took him two years to get his whole family – his mother, three brothers, two sisters and an uncle—to Australia.
The Australian High Commission in London has belatedly granted a visa to Palestinian journalist, Abdel Bari Atwan, to attend the Brisbane Writers Festival. The London-based writer was forced to cancel two speaking engagements due to delays in processing his visa. He had earlier accused Australian authorities of discrimination and of deliberately blocking his appearance at the festival. The journalist also warned of a possible Muslim backlash over the issue. Atwan is the editor of the London-based Al-Quds newspaper and is best remembered as one of the last Western journalists to have interviewed Osama bin Laden in Afghanistan in 1996. Meanwhile, a spokesperson for Immigration Minister Kevin Andrews denied that there was a deliberate attempt to delay the processing of Atwan's visa.
Sources: Andra Jackson, "Fast plan on asylum go-slow," The Age, 1 September 2007; AAP, "Foreign students face tougher visa rules," The Age, 1 September 2007; IANS, "Changes in Australia's skilled migration programme," New Kerala, 1 September 2007; "Hunt on for exploited food workers," The Sydney Morning Herald, 1 September 2007; Jewel Topsfield, "Nauru detainees 'walking zombies'," The Age, 4 September 2007; AFP, "Indonesians jailed in Australia for people smuggling," Today, 4 September 2007; "AFP, "Indonesians jailed in Australia for smuggling Lankans," Daily News, 5 September 2007; Michael Bachelard, "Pact with China excludes dubious visa middleman," The Age, 6 September 2007; AAP, "Citizenship test passes Senate," The Sydney Morning Herald, 10 September 2007; AAP, "Company fines for underpaying workers," The Sydney Morning Herald, 10 September 2007; "Visa inquiry report due to be released," The West, 11 September 2007; Connie Levett, "Call for Nauru refugees to be settled here," The Sydney Morning Herald, 12 September 2007; Jewel Topsfield, "Contentious visas gain MP's backing," The Age, 12 September 2007; "Inquiry calls for tighter visa scrutiny," Brisbane Times, 12 September 2007; Cath Hart, "Nauru refugees may be sent to US," The Australian, 13 September 2007; Cath Hart, "Report faults 457 visa," The Australian, 13 September 2007; Malcolm Knox and Matthew Moore, "Visa victims thrown onto street," The Sydney Morning Herald, 13 September 2007; Connie Levett and Mark Metherell, "Minister unmoved by UN's refugee call," The Sydney Morning Herald, 13 September 2007; Michael McKenna, "Journalist wants of Muslim backlash over 'delayed' visa," The Australian, 13 September 2007; Matthew Moore and Malcolm Knox, "Hotline needed, says inquiry," The Sydney Morning Herald, 13 September 2007; Jewel Topsfield, "Sri Lankans win asylum case – now seeking a home," The Age, 13 September 2007; AAP, "Regional move would cut foreign workers wages: Andrews," Perth Now, 13 September 2007; AAP, "Sri Lankans happy for a safe place," The Sydney Morning Herald, 13 September 2007; AAP, "Two Chinese slip through 457 Visa scheme," The Sydney Morning Herald, 13 September 2007; "Medical Assoc praises foreign worker visa changes," ABC News, 13 September 2007; "Sri Lankans won't rot for years: Andrews," The Sydney Morning Herald, 13 September 2007; Harriet Alexander, "Rule change forces students to pay or go," The Sydney Morning Herald, 14 September 2007; Florence Chong, "Banks charge islanders 55c in the dollar to remit money," The Australian, 14 September 2007; Michael McKenna, "Visa delayed on 'racist' grounds," The Australian, 14 September 2007; Andra Jackson, "Stoic Sri Lankan refugees happy to settle anywhere that will accept them," The Age, 15 September 2007; Connie Levett, "People smuggler takes bid to court," The Age, 15 September 2007; "Australia says 72 Sri Lankan boatpeople refugees," Daily News, 15 September 2007; "Indian students to pay more in Australia," The Times of India, 15 September 2007