Posts Tagged australian government

International students the winners in Australian visa program revamp

International students will benefit from streamlined Australian visa processes, more flexible work entitlements and a suite of other improvements as a result of the recent Knight Review into Australia’s student visa program.  The review submitted 41 recommendations to the Australian Government, all of which have been accepted.  From the international students’ perspective, seven are key recommendations which will make the process of obtaining an Australian student visa easier and faster.

International education is very important to Australia. it is one of Australia’s largest industries, with an income of AUD16.4 billion in 2010 -11. it is also a strong contributor to Australia’s international relations through the creation of links with international students who return home with new friendships and an understanding of the Australian lifestyle, culture and values.

To ensure Australia’s international education sector continues to grow, in December 2010, the Australian Government appointed the Honourable Michael Knight AO to review Australia’s student visa program. The report was submitted to the government on 30 June 2011 and includes 41 recommendations. The Australian immigration department has accepted all 41 recommendations, and plans to implement most of them within a timeframe that allows key recommendations to come into effect before second semester 2012.

From a student’s perspective, there are seven key recommendations, which have the combined effect of making the process of obtaining an Australian visa easier and faster.

1. New genuine temporary entrant criterion

The government plans to introduce a new temporary entrant criterion to the Australian immigration requirements for all student visa applicants. this criterion will not add to visa application or documentary evidence requirements, but will enable DIAC to better assess whether an applicant’s main goal is to stay in Australia temporarily to study, then return home. mr Knight stated strongly that this new criterion should be the first to be considered in assessing any application for a student visa, while his second recommendation was that a successful applicant must be both a genuine temporary entrant and a genuine student.

The benefit of this new criterion is that it will make possible other changes to the Australian immigration process for students, such as streamlined visa process and the reduction of financial requirements.

2. Reducing the financial requirements for some student visa applicants

The proposal to reduce financial requirements will be particularly beneficial to students in the higher Assessment Levels, as it will reduce their financial requirements by as much as AUD36,000.this is because when the change becomes effective, they will need to produce evidence of only 24 months funds, rather than 36 months, and for cash deposits will only need a three months savings history, down from the current six months.this change is scheduled to commence in late 2011.

3. Streamlined visa processing

The government plans to introduce streamlined visa processing for international students enrolled in Bachelor or certain higher degree courses. this change will reduce visa processing times, and means that all students will be treated as though they are lower risk.it is planned to implement this change during the first half of 2012.

4. Post-study work visa

The government plans to introduce a new post-study work visa for university graduates in Bachelors, Masters and PhD courses.this visa will become effective in early 2013.it will be valid for up to four years, and will enable the visa holder to work in any occupation they choose – they will not have to work in a job related to their course of study, unless they wish to.The intent of the visa is to enable international graduates of Australian universities to gain a period of practical work experience in Australia.

5. Improved work entitlements

From early 2012, the government plans to give added flexibility to student visa holders and their employers, by changing the work restriction on student visas from 20 hours per week to 40 hours a fortnight.

6. Higher degree by research students

The government plans to make it more attractive for international higher degree by research students to study in Australia, by:

  • Streamlined processing of their visas
  • Allowing them to access a three or four year post-study work visa
  • Providing them with unlimited work rights during study and
  • Increasing the validity of their visa by six months for the purpose of interactive marking of their thesis.

7. Improvements for current visa holders

The government has announced it will revoke the automatic and mandatory cancellation provisions of student visas. this is to provide a fairer outcome for international students, by allowing DIAC decision makers to take individual circumstances into account when considering whether or not a student visa should be cancelled.

Further information about the review and recommendations, as well as other resources for international students can be accessed by clicking here.

McGrath Migration Lawyers is Australia’s longest established immigration law firm, opened in 1983 by Principal Lawyer and Registered Migration Agent, Chris McGrath LLB, MARN 0533437.  Our goal is to make the Australian immigration process as speedy, smooth and economical as possible for our clients and with 30 years continuous experience in Australian visas and immigration law, we’re ideally placed to do so. Contact us today for honest, professional advice about all your Australian visa and citizenship requirements.

International students the winners in Australian visa program revamp

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Sea Shepherd: Australian Anti-Whaling Activists Detained by Japanese

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A spokesman for Forest Rescue Australia told AAP: “That was the plan all along that they would go on board and be on a hunger strike. what is making it difficult is that Simon has high cholesterol and does not have his medication with him. Glen also has ADHD and didn't bring his medication with him either.”

Glenn Inwood, spokesman for the Japanese whaling program at the Institute of Cetacean Research, told the Australian newspaper: “They are unhurt and they are being well looked after.”

He also told ABC radio, “Not only are they facing [a long time on board the vessel], but they risk being taken to Japan to be tried for trespassing, or for other charges.”

Geoffrey Tuxworth’s father, Errol, is pleading with the Australian government to help free his son.

“We've been trying to talk to the Government but we can't really do anything more for him,” he told local media.

A group of about four dozen people have gathered outside the Japanese consulate in western Australia to express their support for the detained men.

However there appears to be very little Australian authorities can do to free the men.

Australia’s Attorney-General Nicola Roxon has warned that since the three men willfully broke the law by boarding the ship they will have to face consequences of their actions.

“If people do take action — take the law into their own hands — the rules that apply are sometimes ones that you can't as a government change. There will be consequences and in this case it is very unlikely that Australian law will apply,” she told Australian television.

“We are doing all we can diplomatically to ensure that these three Australian men can be released quickly and properly and to make sure that they are being held in conditions that are appropriate.”

Roxon added that Australian government officials are in talks with their Japanese counterparts.

“We have had a number of interactions with the Japanese government, particularly through our embassy in Tokyo,” she told ABC radio.

Meanwhile, the leader of the Sea Shepherd organization, Paul Watson, told media that the men should be freed since the boarding took plane within Australia's 24-mile contiguous zone, where Australian laws could apply.

“It disturbs me that the Attorney-General says it was outside Australian zone,” Watson said. “Both vessels have GPS and I expect that she will be very embarrassed when the truth comes out. I think [Roxon] is a coward, it is absolutely incredible she's not doing more to help these Australian citizens.”

Watson also told Australian television: “I think the Australian government would be very embarrassed if an armed Japanese vessel can just pick up Australian citizens in Australia and then take them away to Japan. I'd like the Australian Government to do its job and uphold international law. they have done nothing. the Australian Government should do everything in its power to get them off that ship. I think it's their obligation to protect the interests of their own citizens.”

Watson added: “Japanese vessels have no right to take prisoners in Australian waters.”

However, Donald Rothwell, an international law expert from Australian National University, said the three activists could be in deep trouble.

“If the Japanese authorities decide to investigate and bring charges on these grounds, the Australians will find themselves being sent to Japan to face court,” he told media.

“Second, Australian law may [even] have been broken by the unauthorized boarding.”

Opposition Leader Tony Abbott has demanded that the government free the three men.

“The Australian government helps Australians in trouble, including Australians that have got themselves into trouble,'' he said in a statement.

“I think it's just the standard duty of government to do what it can for Australians in trouble overseas and obviously these guys fall into that category.''

Greg Hunt, the Opposition environment spokesman , similarly blasted the government’s response.

“They [the Australian government] should immediately dispatch a Customs vessel,” he said. “They should also seek the immediate transfer of the prisoners from the Japanese ship to Australian authorities.”

Members of the Australian Greens demanded that Prime Minister Julia Gillard personality intercede to release the three men.

“The protesters have acted as a direct result of our own government's failure to take the necessary steps to end illegal whaling in the Southern Ocean,” Greens Senator Rachel Siewert said.

The issue of whaling presents a diplomatic stand-off between Japan and Australia.

In 1986, the International Whaling Commission banned commercial whaling but allowed Japan to catch a limited number of whales under the aegis of “scientific research.”

Since that time Japanese whaling ships have frequently been followed and harassed by environmentalists from both Australian and new Zealand.

To report problems or to leave feedback about this article, e-mail: To contact the editor, e-mail:

Sea Shepherd: Australian Anti-Whaling Activists Detained by Japanese

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Victorian Mansor Almaribe appeals 500 lash sentence in Saudi Arabia

A VICTORIAN man facing 500 lashes in a Saudi Arabian jail has lodged an appeal against his sentence.

Mansor Almaribe’s desperate family are pleading with the Australian Government to help speed the appeal process to bring the father of five home.

Son Isaam Almaribe, 21, said yesterday a lawyer had been appointed and had begun an appeal that would defer the penalty until the court process was finalised.

"I think it will be OK, because my Dad is not guilty, and he is not in a good health condition," Mr Almaribe said.

The family fears a flogging would be fatal.

Mr Almaribe, a Shi’ite Muslim, was detained last month while praying in the Sunni-dominated country while making the Hajj pilgrimage to Medina. He was sentenced to a year in jail and 500 lashes for blasphemy.

The lawyer was appointed after a meeting with the Saudi ambassador.

Isaam said the government was helping but wanted to see it do more.

"we just need them to be more predictive and speed things up – I just want dad home as soon as possible," he said.

"This is the first time in the last five years on new Year’s Eve that we have not celebrated together it’s a bit sad."

Foreign Affairs Minister Kevin Rudd has raised the case with his Saudi counterpart, Prince Turki bin Mohammed Al-Kabeer.

A consular officer is expected to visit Mr Almaribe in jail in Medina.

devica@heraldsun.com.au

Victorian Mansor Almaribe appeals 500 lash sentence in Saudi Arabia

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2011-10-14 Update: AG McClelland responds to 'Compounding the Crimes against David Hicks'

Responding belatedly to my letter of 2011/07/21, the Attorney General Robert McClelland (and therefore the Australian government) have made it clear (yet again) that the David Hicks matter and torture allegations is something to make pious platitudes about but otherwise, they have no desire to do anything else.

Here is the letter:

Note the following six points in summary form, made by McClelland’s office:

1) Hicks had the advice of US and Australian counsel.

McClelland forgets what he wrote in the Age in July 2003

…we must not lose sight of how alien these military commissions are to Australians’ expectations of a fair trial, based on our experience of our own criminal justice system. The processes are chalk and cheese.

Exactly, the process and “system”was flawed and somewhat redolent of Stalin’s show Trials in the 1930s where the methods used to extract the confessions included

…repeated beatings, torture, making prisoners stand or go without sleep for days on end, and threats to arrest and execute the prisoners’ families.

As McClelland went on to write:

If tried in Australia, Hicks would be represented by a lawyer of his choice, with a safety net of legal aid. At the military commission, Hicks can retain a US civilian lawyer to assist his US military lawyer, but only if he can afford one.

While on the subject David Hicks legal representatives, what did his Australian lawyer David McLeod think about the matter?

NSW Bar Association publication (Pdf) interview of McLeod*

The military commission process that Hicks was subject to when McLeod was first appointed as his Australian lawyer was, to quote McLeod ‘a complete sham’.

…of course he was tortured. he was detained for over five years without a trial. he was placed in solitary confinement for a prolonged period. he was in a cell for 23 hours a day. he knew that the British detainees and also the other Australian had all been discharged from detention. he went for years without knowing what was going to happen to him. That is torture. It is physical and mental torture.

What was required was not defence lawyers so much as a government who could have – should have – done their duty:

McLeod again:The government has to show some allegiance and support for its citizens when they are in trouble. The British went in to bat for their nationals. we didn’t. we let our national be the last Western man left in that bloody awful place. A new country ought to believe in itself enough to look after its own.

2) Hicks admitted to the Judge that he trained with terrorist organisations.

This was by the account of Lex Lasry, observer at the proceedings, somewhat orchestrated:

Many of the requisite rules and procedures were not in place and the there was a degree of improvisation by the Judge. This led to a situation where there appeared to be a preference for advancing the case and dealing with matters of substance by way of private conferences between the Judge and the parties. These conferences occurred away from public scrutiny, where no rules were necessary. Issues were resolved and then the outcome was presented to the public as something of a fait accompli. This carries obvious implications for transparency and raises questions regarding due process.

Further, it now appears that at the time that matters were being played out in the Military Commission hearing room on Monday 26 March 2007, the pre trial agreement in relation to mr. Hicks’ plea of guilty had already been finalised. Thus, much of what was occurring was contrived and being done for public and media consumption. Even Hicks had a speaking role to play which he discharged at the appropriate time.

On the subject of training with a “terrorist organisation”

At the time that David Hicks was undergoing military training in Kashmir and Afghanistan, LeT was not a designated terrorist organisation and the final charge sheet does not suggest that he was a member of al-Qaeda.

3) The Australian government opposes the use of torture and cruel punishment however two US investigations (requested by the Australian government) namely the Office of the Secretary of Defence and the Naval Criminal Investigative Service – found no mistreatment or abuse of Hicks occurred.

That is not surprising. To use an old expression, it was a bit like getting the mafia to do an investigation on organised crime. The investigating bodies were not independent, to say the least.

How could the Secretary of Defence office properly investigate abuse after its boss Donald Rumsfeld ordered and condoned some of that abuse? Rumsfeld:

…approved interrogation techniques that included “removal of clothing” and “inducing stress by use of detainee’s fears (e.g. dogs).”

Rumsfeld also approved placing detainees in “stress positions,” such as standing for up to 4 hours, though he apparently found this approach unimpressive. Rumsfeld, who works at a stand-up desk, scrawled on the memo, “I stand for 8-10 hours a day. why is standing limited to four hours? D.R.”

One might ask Attorney General McClelland how those “investigations” can be reconciled to the general US policy of abuse and torture as reported (overwhelmingly proven beyond any reasonable doubt even if only on Bush’s admissions of approving waterboarding) to have happened to so many others apart from David Hicks.

4) If David Hicks wants to contest his conviction he should do that in the USA.

This is disingenuous as well as being impractical and likely impossible as the Military Commissions ‘remit’ was in Guantanamo Bay without any appeal rights to US courts that this writer is aware of.

5) An “enquiry” is currently underway with the UN Human Rights Committee ["Communication"] and the Australian government is “responding”.

And taking its time.

[Senator Ludwig 29/09/11] The government’s response to that submission was, I think as correctly outlined, due to be lodged with the Human Rights Commission in May. But this has been delayed until the third quarter of 2011. It is, I am advised, expected to be released very shortly.

6) The Australian government does not intend to conduct an inquiry into Hicks’ detention or conviction.

No direct reasons are given, but it is implied that the Communication to the UN is sufficient: it is all round, a huge embarrassment for an Australian government, (client state and lackey some might say) to be asked to investigate the major ally for war crimes/crimes against humanity.

A predictable but highly unsatisfactory response, which avoided all the torture/abuse allegations by saying in essence, “The US investigated itself in this matter and found itself to be exceptionally exonerated.”

No comments on the unjust, unfair military commission process; no comments on duress and coercion and the fact that David Hicks was held for so many years without charge.

Disappointing, mr Attorney General.

Afterthought: No mention at all of the prosecution currently before the Supreme Court of NSW under the Proceeds of Crime Act 2002.

* www.nswbar.asn.au/docs/resources/publications/bn/bn_winter08.pdf

2011-10-14 Update: AG McClelland responds to 'Compounding the Crimes against David Hicks'

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PNG crisis eases as Australia hints at military intervention

Home » World News » Oceania » Papua new Guinea by Zac Hambides 17 December 2011

One of Papua new Guinea’s contending prime ministers, Peter O’Neill, yesterday strengthened his control of the key state institutions—the army and the police—after the Australian government let it be known that it had plans to intervene militarily, if necessary, to resolve a week-long constitutional stand-off.

At a press conference late yesterday, O’Neill effectively claimed victory, saying: “There is only one government in this country… there is only one government mandated by the people through its parliament.” Nevertheless, the political situation remains uncertain, with his rival, long-time prime minister Michael Somare, refusing to concede defeat. there are continuing concerns in ruling circles that O’Neill’s actions have undermined the legal and constitutional fabric of PNG.

PNG, an Australian colony until 1975, was thrown into turmoil on Monday when the Supreme Court ruled that Somare, who had been hospitalised in Singapore, had been unconstitutionally removed by O’Neill in August. The unfolding events have indicated that O’Neill enjoys backing in Canberra, following his effective repudiation of Somare’s previous “look north” strategy of seeking aid and investment from China and other Asian countries.

In what appears to have been a definite signal, the Australian Financial Review reported on Thursday that a “senior defence source” had indicated that a “contingency plan” existed and would be executed if there were a “breakdown of law and order” or if “requested” by someone in PNG.

Significantly, the article noted that although Washington might provide support, the US “may well consider that Australia should take the lead.” in other words, any Australian intervention would have the backing of the Obama administration. Secretary of State Hillary Clinton earlier this year publicly accused China of seeking to undermine US interests in PNG, the largest of the South Pacific island states with considerable mineral and energy resources.

Earlier, Australian Defence Minister Stephen Smith also referred to a military intervention, but ostensibly ruled it out, stating that the Australian government was closely monitoring the situation and urging a resolution in accordance with PNG’s constitution. Canberra’s preoccupation with the events in PNG is driven by deep concerns about growing Chinese involvement in the South Pacific which Australian capitalism, under US tutelage, has regarded as “its backyard.”

Also on Thursday, Australian Foreign Minister Kevin Rudd stated, via his twitter account, that he had discussed the PNG crisis with Clinton while visiting Washington. No further details were provided of the talks, but in his remarks at a brief joint media conference, Rudd emphasised his commitment to the Obama administration’s aggressive diplomatic push into the Asia-Pacific region to undermine Chinese influence.

Rudd said President Barack Obama’s recent trip to Australia had been “a first-class visit and a reaffirmation of the United States presence in Asia and the Pacific.” He added: “And if I could say this about the Secretary of State, her commitment to our region has been absolutely clear-cut.”

Tensions in the capital, Port Moresby, reached their highest point on Thursday when O’Neill ordered 150 police to occupy government house and other areas where police loyal to Somare were stationed. a shift took place yesterday when Somare’s police officers handed in their weapons and granted control to O’Neill of government house, the government press and key public service offices.

Somare reportedly made a desperate call to the military barracks at 3 a.m. on Friday, ordering the armed forces to stand ready to intervene on his behalf, but the military commanders refused to recognise his authority.

On Thursday, Somare had attempted to cut the utilities to parliament house, where O’Neill currently holds a clear majority, but could not get the relevant authorities to do so. Somare’s only visible support now comes from his 19 appointed ministers, whom the governor general swore in after the Supreme Court ruling.

In a show of popular support, O’Neill held a rally outside parliament on Thursday in which 1,000 people took part, holding banners and shouting slogans against Somare.

These scenes would have caused some anxiety in ruling circles, including in Canberra and Washington. Both O’Neill and Somare generally avoided making any popular appeals for fear of igniting widespread discontent over worsening poverty and social inequality in the country. Just last month over 1,000 young people took part in violent riots in the northern coastal town of Lae.

Pressure for a swift resolution to the crisis was intensified by concerns being expressed in corporate and mining quarters over the impact on business and investment. Port Moresby Chamber of Commerce and Industry chief executive David Conn told the media: “We are facing all the advances and growth in our economy trashed in the eyes of the world.” He reported that “our members are getting frustrated, some of them angry.”

Over the past two days, O’Neill has been given prominent and mostly favourable coverage in the Australian media. An opinion piece today by Hamish McDonald, the Asia-Pacific editor for the Sydney Morning Herald, concluded that “it would be best if this week’s crisis ends with his [Somare’s] retirement.” Accusing Somare of being part of an elite that siphoned off the benefits of the country’s mining boom, McDonald specifically complained of the huge Chinese-owned Ramu nickel-copper project, which Somare had approved, “pushing aside labour, land-owner and environmental inspectors.”

Since seizing office in August, O’Neill has indicated an orientation toward Australia, and hence the US. two months ago, he brought a delegation of nine cabinet ministers for talks with Australian Prime Minister Julia Gillard and agreed to the resumption of a top-level Australian police and military presence in PNG.

In 2005, Somare effectively forced Prime Minister John Howard’s Australian government to remove 150 Australian Federal Police (AFP) officers from PNG after the Supreme Court ruled that it was unconstitutional to grant them immunity from prosecution. Somare’s stance ended a program that placed senior Australian officials in control of key military, police and public posts. O’Neill’s agreement to allow AFP and Australian military personnel back into the country therefore had a particular significance.

The Australian political and business establishment has long regarded the South Pacific as its “patch,” to be patrolled with the sponsorship of the United States. Over the past decade, Australian governments have intervened militarily in nearby East Timor and Solomon Islands to install governments more amenable to Australia’s imperialist interests.

In 1997, Australia was behind the removal of PNG Prime Minister Julius Chan after his government sought to sideline Australia by employing private mercenaries in Bougainville, cutting across Canberra’s efforts to strike a deal with the island’s secessionists. Chan was forced to step down after PNG Defence Forces chief Brigadier General Jerry Singirok called for his removal.

Neither O’Neill nor Somare represents the interests of the workers, young people and villagers of PNG. rather the two men are based on competing factions of the country’s tiny ruling elite that has enriched itself from the mining boom and is now caught up in the intensifying rivalry between the US and China for influence throughout the Indo-Pacific region.

PNG crisis eases as Australia hints at military intervention

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