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Immigration Update 2009 Senator Chris Evans, Minister for Immigration and Citizenship

NEW REGULATORY BODY

On 1st July 2009, the Office of the Migration Agents Registration Authority (MARA) commenced operations. It is a discrete office attached to the Department of Immigration & Citizenship, which administers the functions of the MARA, which is set out in s316 of the Migration Act 1958 (the Act). The Office of the MARA will have the following key objectives;-
• all complaints about the services of registered, or formerly registered migration agents are appropriately addressed.
• only suitable persons are registered as migration agents, and unsuitable persons are refused registration or re-registration.
• registered agents maintain appropriate knowledge to enable them to provide accurate advice to consumers.
• the Office of the MARA works collaboratively with the department and other bodies such as prosecuting or regulatory authorities to address the activities of agents outside its mandate.
• consumers understand their rights and agents understand their obligations under the regulatory framework.

“Unprofessional or unethical behaviour by migration agents can seriously impact on the lives of people using their services and bring the profession into disrepute,” Senator Evans, Minister for Immigration & Citizenship, said. “The new office will remove concerns about potential conflicts of interest and provide confidence in the regulation of the migration agent industry.”

NEW LEVELS IN THE 2009/10 MIGRATION PROGRAM

In May 2009, the Australian Government cut the permanent skilled migrant intake to 108,100 places for the 2009/10 Migration Program, in response to the continued economic slowdown. This follows an earlier cut in March 2009 of 14%. The total reduction is almost 20% on previous planning levels. Senator Chris Evans, , said, “The migration intake in the coming year reflectsthe economic climate while ensuring employers can gain access to skilled professionals in industries still experiencing skills shortages. The reduction is being achieved through a cutback in places for the general skilled category rather than in the high-demand employer-sponsored category or in areas in which Australia has critical skills shortages.”

At the same time, the Australian Government will provide more opportunities for family reunions with an increase of 3,800 places in the family component of the Migration Program, to 60,300. The increase includes an additional 2,500 places for partners, 1000 places for contributory parents and 300 for child visas. “We are recognising the importance of family through this boost which will benefit Australians who seek to have their parents, partners or children join them to live here permanently,’ the minister said. Overall, the Migration Program will total 168,700 for 2009–10, which comprises the 60,300 family places, 108,100 skilled places and a further 300 places for special eligibility.

ASSESSMENT CHANGES FOR SKILLED MIGRANTS

Also on 1st July, new assessment criteria were introduced by the Australian government, meaning that trades people applying (under the General Skilled Migrant category) to live and work in Australia permanently will require increased English language skills (new IELTS level). This change will bring trade related occupations in line with the English language level required for all other occupations on the Skilled Occupation List. Research has shown that migrants who are proficient in English have better employment outcomes once they arrive. The minimum salary levels for Temporary Skilled Overseas Workers (subclass 457 visas) will increase by 4.1 per cent from July 1, consistent with the change in average employees’ total earnings since the level was last reviewed in August 2008. Where necessary for safety or to prevent fraud, Australia will undertake more extensive skills assessments to confirm skills claimed by applicants. Australia is improving its skills assessment processes to provide for formal skills testing of some trade occupations.

Editorial by Graeme Fraser, Migration News Editor.

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