Australian migration and refugee laws and policy essay
Australian migration and refugee laws and policy
Table of Contents
Australian Migration Law and Refugees Law 3
Law Regulating Student Visa 5
Working Holiday Visa 7
Case Study 9
Case: 1310376  RRTA 296 (6 June 2015)230 9
Policy Review 11
Australia is a developed country, which offers higher standards of education as well as high-class, high paid jobs. For these reasons, students from all over the world, as well as people seeking jobs, are attracted to the prospects of the country. To accommodate them without compromising the security of the country, Australia had introduced many laws Joseph, Pugliese, “The incommensurability of law to justice: Refugees and Australia’s temporary protection visa.” Law & Literature 16, no. 3 (2004): 285-311.
. These laws are made keeping in mind the well-being of the citizens of foreign countries. These laws are upgraded keeping in mind the changing needs of the society. By properly applying them, Australia can maintain national integrity and present itself as a secular country.
Australian Migration Law and Refugees Law
In the year 1951, the government of Australia has signed an agreement with the United Nations to look after the status of refugees, which signifies that Australian government has the right to develop laws and policies to manage refugees efficiently. Moreover, it can be identified that, after World War II, to meet the humanitarian need the government of Australia has accepted more than 760000 people. In late 1940s European people were seeking humanitarian assistance and arrived in Australia. In that time, the Australian government did not have adequate laws, regulations, and policies, which are related to the status of refugee people. Moreover, second groups of refugee were coming from the Indo-China region Goodwin-Gill, S., Guy and McAdam Jane. The refugee in international law. Oxford University Press, 2007, p. 15.
. The government of Australia is responsible for protecting the basic human rights of refugees when the asylum seekers and refugees are in Australia. One of the popular rights is the right not to be detained without any kind of reason. According to Article 1A (2), a refugee is a person, who is being timid because of the persecution of race, religion, nationality, political opinion and others. For this reason, they are not willing to stay with their nationality. Moreover, the Australian Migration Act is incorporated into the Australian domestic Law, which has created an effect on the Australian’s obligation of non-refoulement. In section 36 (2), Migration law provides a visa for the peoples, who are not the citizen of Australia Mary, Crock, and Berg, L. A. Immigration, refugees and forced migration: law, policy and practice in Australia. Federation Press, 2011, p. 81.
. Also, Refugee protocol must be satisfied the Ministry of Australia, and then the government of Australia is provided the visa to the foreign country’s people.
Simultaneously, the Migration Act, 1958 provides the rules and policies for managing all forms of migration and visa applications in Australia. It act also includes the humanitarian assistance. Moreover, according to the Migration Act, 1958 (Commonwealth), it can be asserted that the refugees and asylum seekers, who are arrived in Australia without having any valid visa must be detained in the immigration custody Grove, J., Natalie and B. Zwi, Anthony. “Our health and theirs: forced migration, othering, and public health.” Social science & medicine 62, no. 8 (2006): 1931-1942.
. However, it is one of the prime responsibility of the government of Australia to develop their migration laws, rules and regulations to manage the status of refugees. Moreover, the government should organize different types of seminars to educate people about the rules and regulations of the Migration Act of Australia. The government department, Department of Home Affairs is acted as the administrators for immigration programmes.
On the other hand, because of the family violence, a certain number of people want asylum, but it is not fulling the definition of refugee. If the intensity of the family violence has adversely affected the physical and psychological health of the people, then it should be included in the refugee convention. From the report of the Australian Security and Intelligence Organization (ASIO), the majority of the refugees were not interested in returning their country and were wanted to hold in detention for an indefinite time Ibid:1
. At the same time, in the year 2013, the Human Rights Committees of UN found that the indefinite detention of refugees has breached the International Covenant on Civil and Political Rights. After 2015, there are so many people, who have been released from this community. Moreover, ASIO also requested to re-apply for a temporary protection visa, those who are not released from the refugee community.
Law Regulating Student Visa
In Australia, the Education Services for Overseas Students or ESOS Act is a framework which is made to support students studying in Australia. It helps the country to protect Australia’s education system’s reputation and maintain its integrity. Under this ESOS there is a code of practices which are needed to be followed by all the colleges and universities offering education to students of other countries. It is known as the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students Shanthi, Robertson, “Student switchers and the regulation of residency: the interface of the individual and Australia’s immigration regime.” Population, Space and Place 17, no. 1 (2011): 103-115.
. This code offers protection to the overseas student. The universities which offer education to international students must be registered on Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS). Along with student visas, all the universities give importance to immigration and visa policy, so that they can have the correct impact on International Education Industry. The students who are wishing to study in universities of Australia must have a valid student visa of subclass 573 and 574.
Very recently in 2012, an optional arrangement had been introduced, which is the Streamlined Visa Processing arrangements. As it offers lower immigration risk for students of different races of different countries, so all the international students so far had opted for it. The Australian universities are bound to follow these rules and regulations to protect the country’s National Security Interest Simon, Marginson, Nyland, Chris, Sawir, Erlenawati and Forbes-Mewett, Helen. International student security. Cambridge University Press, 2010, p. 55.
. There had been a whole lot of changes in the student’s visa between the years 2012 and 2014, made by the Australian Government’s Department of Immigration and Border Protection (DIBP). The assessment levels of student’s visa application process had been reduced from AL5 to AL3, which means now the students have to cross three levels instead of five. They would require lesser money for their stay, and also needs to show how they will get fund for supporting their study for 12 months, which earlier used to be 18 months.
There used to be a test IELTS, which the students need to pass if they were going to apply for a student visa which tested their English Language proficiency. But now there are several tests available online, passing in which makes the students eligible for student’s visa. If a student applies for a visa through Confirmation of Enrolment (CoE) of the institution in which they are going to get admitted for Bachelors, Masters, Doctoral degrees or other exchange programs, then they will be assessed in a streamlined manner. It means, they will need less evidence for visa application, regardless of what their origin is Colin, Walters, “International students—returning their investment: Australia’s reform program for international education.” The landscape for policy makers and practitioners in tertiary education (2012): 71-82.
. The visa charges had also been reduced and the working hours of the students had been increased to 20 hours per week. There are facilities for prepaid homestay fees, along with a post-study work visa, which allows the students to work in Australia after completing their respective degrees. The country had also introduced an online service named SkillSelect where skilled workers and graduates can apply for migration through lodging an Expression of Interest (EOI).
Working Holiday Visa
The Working Holiday Visa which was introduced in the year 1975, was only available to the young citizens of UK, Ireland, and Canada. From 1980 to 2006, this program was expanded, and it included many other countries, such as Taiwan, Japan, Hong Kong and many countries of Europe. The number of times of granting the Working holiday visa for a particular person has no limits, after the introduction of the Second Working Holiday Visa in November of 2005. However, all the countries have a cap of the maximum number of visas granted per year, except the USA.
To get the Australian Working Holiday Visa, the applicant must be an overseas applicant and needs to fill some requirements. The candidate must be between the age of 18 and 30, and must not be accompanied by any dependent children Shanthi, Robertson, “Time and temporary migration: The case of temporary graduate workers and working holiday makers in Australia.” Journal of Ethnic and Migration Studies 40, no. 12 (2014): 1915-1933.
though there is a different upper age limit for people of Canada and Ireland. The candidate must also be an eligible passport holder, who has at least six months for the renewal of the passport. The person should also have enough funds for their return and may have to show onward ticket so that, in case they face any problem in Australia, they can still return to their native country. Most importantly, the person should have a very good character and also be able to fulfill the required health criteria.
After getting a working holiday visa of Australia, the visitor should enter Australia within 12 months of the date of issue of the visa. And after entering Australia, that visa will let the visitor stay up to 12 months from the date of entry. However, the visitor can leave and re-enter Australia as many times as needed, but the number of days that the person will be spending outside Australia within the stipulated time, will not be excluded from the count of 12 months of the person’s stay. As the person is applying for “Working Holiday Visa,” so the maximum amount of time that person will be able to work in Australia for a single employer is 6 months Yan, Tan, and H. Lester, Laurence. “Labour market and economic impacts of international working holiday temporary migrants to Australia.” Population, space and place 18, no. 3 (2012): 359-383.
. In case, the person is studying or taking any special training, then the duration of the course must not exceed 4 months. As the main purpose of the person is to spend a holiday, and the reason for doing the job is for funding that holiday. So the person cannot do the job on a permanent basis, rather the job must be temporary or casual.
For an Australian Working Holiday Visa to get processed can take up to 8 weeks. To stay in the country minimum of AUD 5000 (Australian dollar) can be regarded as sufficient. They have to produce bank statement’s copy related to the amount of money to be spent or return airline ticket from Australia McNulty, A. M., C., Egan, H Wand, and B, Donovan,. “The behaviour and sexual health of young international travellers (backpackers) in Australia.” Sexually Transmitted Infections86, no. 3 (2010): 247-250.
. The less strict laws related to the working holiday visa had helped in increasing the number of applications being granted. However, some temporary migrant workers, who are from non- English speaking countries, are underpaid and overworked. Also in the case of women of such countries, there had been allegations of sexual harassment and assault.
Case: 1310376  RRTA 296 (6 June 2015)230
The applicate of this case claimed that he is the citizen of Afghanistan and he was applied for a visa in November 2012. However, the delegates were refused to grant the visa in July 2013. The applicant also asserted that he was born in the village of Afghanistan and he has a small family, who were live in Peshawar, Pakistan because their family members were not safe in Afghanistan. Moreover, the applicant claimed that his father was purchased land in Afghanistan, but the government of Afghanistan has pressured them to donate this land for building a girl’s school. His father was willing to donate his land to build a girl’s school. For this reason, his father went to donate his land to the government; on his way, the Taliban killed him. 10 days after, the applicant received a letter from the community of Taliban that they are responsible for his father death. Because of the death of his father, he was requested to sign another document for hand over the land to build the girls’ school. After signing the document, the applicant found six Taliban at his place and force him to get into the car. The applicant also claimed that he was detained by the Taliban approx. 8 months. One evening he escaped from the jail. After escaping the detention, with the help of Pakistan police, he was able to stay approx. Seven months with his father’s friend house. With the help of this man, the applicant can get in Australia. After arriving in Australia, the applicant claimed that his wife and his children return to Pakistan. Hence, the situation was not safe for themselves in Afghanistan Kim, Rubenstein,. “Australian citizenship law in context.” (2002), p. 86.
. Moreover, the applicant also claimed that the government of Afghanistan were not able to protect him and his family, the network of Taliban is organized and advanced.
The delegates of this case were found that the applicant was unable to show the recent country information that provides the Taliban are targeting those who are involving himself in the girl’s education. From the country information, it can be identified that 5000 girls were enrolled in the school when the Taliban were not stayed in Afghanistan, while after the Taliban attack; it was found that 2.4 million girls were enrolled in the school. From the information above, the delegates were found that there is no relationship that the returnees have suffered any harm because of their support in the girl’s education. Also, the delegates were concluded that the applicant should relocate to Kabul to avoid the consequences of the harm, which is comparatively more reasonable for him and his family.
From the discussion above, it can be asserted that since 1940s asylum seekers were seeking humanitarian assistance, for this reason, they arrived in Australia. A refugee is a person, who is not willing to stay his motherland because of certain persecution against race, nationality, religion, skin color, member of specific social groups, political opinion, and others Ibid: 2
. Migration law provides a visa for peoples, who are not the citizen of Australia. According to the Migration Act, 1958, it can be stated that the refugees who have shown proper and valid visa, they must be detained in the immigration custody. The majority of the asylum seekers and refugees were not willing to return their country, which breaches the International Covenant on Civil and Political Rights.
Simultaneously, the ESOS Act in Australia is the framework, which helps the international student to continue tier study in Australia. The basic policies, code, and conducts must abide by the Colleges and universities of Australia for offering education services towards international students. Moreover, the university authority must be registered their educational institute on the Commonwealth Register of Institutions and Courses for Overseas Students (CROCUS). At the same time, the university authority must give importance to immigration and visa policies of their overseas students. It is one of the prime responsibility of the overseas students that they should have a valid student visa to study at the Australian university Ibid:6
. Department of Immigration and Border Protection of Australia has made certain changes in the student’s visa. Moreover, it can be identified that the student’s visa application had been reduced from AL5 to AL3. The overseas students should show how they will get fund and how the fund will support their study for 12 months.
The government of Australia has also introduced the Working Holiday Visa in the year 1975 for the young citizens of Ireland, UK, and Canada. This visa programme was expanded and included so many countries, i.e., Japan, Hong Kong, Taiwan, and others. In this category, the age of the applicant should be between 19 and 30, and the upper limit for the age is different in different countries Ibid: 9
. The visitors should apply for a visa for entering Australia within the 12 months of the date of issues of the visa. At the same time, it can also be asserted that in this case, a person must have at least 6-month job experiences for a single employer of Australia.
In the recent past, there had been some improvements in the Australian Migration Law and Refugees Law, Law Regulating Student Visa and Working Holiday Visa of Australia. The laws have become more flexible, allowing the immigrants to get the access of those visas easier than how earlier it used to be. The amount of money spent too had been reduced as well as the time for the stay had been increased Ibid: 3
. However, if the laws are analyzed closely, quite some loopholes can be found in them. The people who get affected are of the low-income status, and maybe the citizens of non-English speaking countries. Also, those may be the people who have come to Australia after getting a job but are not able to pay the return fare.
In cases where the person or a family is migrating permanently to Australia, there are stricter laws. As this is done keeping in mind the security of the whole country, so the process should go on. However, it takes a few months to get such kinds of visa, as different kinds of verification take place Ibid: 7
. It would be better for all the people if this particular process can be made faster and takes up less time. Other than that, there must not be any problem regarding the immigration of people of the Eastern countries, specifically Asian countries to get a visa or to stay in the country.
The person who is applying for a visa to study in Australia can be given a little more extension in their working hours, in cases where the student may be facing a problem in gathering the fund for study. Australia can have a go-to center for international students who may be facing any discrimination regarding their race, skin color or place of origin. This will give them a feeling of safety in Australia. However, most of the problems can be seen in the people who had visited Australia for work. Due to being from a non-English speaking country, and their inability to speak and understand English, they are ill-treated Ibid: 10
Grounded on the different aspects, it can be concluded that certain rules and policies of Migration must be obeyed by the refugees and overseas students to fulfill their needs and demands. They are sometimes overworked, underpaid or both at the same time. They are forced to do dangerous works without proper safety gear and sometimes are given accommodations, which are very substandard. Due to lack of knowledge about the laws of Australia, they cannot complain. Women of this working group have to face sexual assault and harassments, and they too are unable to complain. So there must be help-centers of each county in Australia from where people come to work. So that they can visit those places whenever needed.
Crock, Mary, and L. A. Berg. Immigration, refugees and forced migration: law, policy and practice in Australia. Federation Press, 2011.
Goodwin-Gill, Guy S., and Jane McAdam. The refugee in international law. Oxford University Press, 2007.
Grove, Natalie J., and Anthony B. Zwi. “Our health and theirs: forced migration, othering, and public health.” Social science & medicine 62, no. 8 (2006): 1931-1942.
Marginson, Simon, Chris Nyland, Erlenawati Sawir, and Helen Forbes-Mewett. International student security. Cambridge University Press, 2010.
McNulty, A. M., C. Egan, H. Wand, and B. Donovan. “The behaviour and sexual health of young international travellers (backpackers) in Australia.” Sexually Transmitted Infections86, no. 3 (2010): 247-250.
Pugliese, Joseph. “The incommensurability of law to justice: Refugees and Australia’s temporary protection visa.” Law & Literature 16, no. 3 (2004): 285-311.
Robertson, Shanthi. “Student switchers and the regulation of residency: the interface of the individual and Australia’s immigration regime.” Population, Space and Place 17, no. 1 (2011): 103-115.
Robertson, Shanthi. “Time and temporary migration: The case of temporary graduate workers and working holiday makers in Australia.” Journal of Ethnic and Migration Studies 40, no. 12 (2014): 1915-1933.
Rubenstein, Kim. “Australian citizenship law in context.” (2002).
Tan, Yan, and Laurence H. Lester. “Labour market and economic impacts of international working holiday temporary migrants to Australia.” Population, space and place 18, no. 3 (2012): 359-383.
Walters, Colin. “International students—returning their investment: Australia’s reform program for international education.” The landscape for policy makers and practitioners in tertiary education (2012): 71-82.