‘A state of disrepair’: Home affairs minister slams immigration system

‘A state of disrepair’: Home affairs minister slams immigration system

The Age | 16 Nov 2022

Home Affairs Minister Clare O’Neil has declared Australia’s migration system is broken and is being exploited by overseas criminals, and has flagged an independent inquiry to examine revelations of widespread visa rorting linked to sex trafficking, foreign worker exploitation and drug crime.

In her strongest comments yet about the failings in the system, O’Neil blamed her predecessor, Liberal Peter Dutton, and revealed she had received expert advice that “tens of thousands of people” might be unlawfully in Australia, including many who are exploited foreign workers.

“We’ve ended up with a system where there’s massive visa queues and where the people who actually legitimately want to use the system can’t properly use it. And yet criminals who want to bring people into the country as slaves are able to somehow do it,” O’Neil said.

“We’ve got to change the way that this system operates.”

O’Neil made the comments after she was privately briefed by Australian Federal Police commissioner Reece Kershaw and Border Force commissioner Michael Outram in response to a series of reports in this masthead about organised crime exploitation of the visa system.

O’Neil was responding to Trafficked, a project led by The AgeThe Sydney Morning Herald60 Minutes and Stan’s Revealed documentary program which casts a light on visa rortingsex trafficking and foreign worker exploitation in Australia. Among the reports was that of a human trafficking boss who entered Australia in 2014 and built a criminal underground sex empire despite having previously been jailed in the UK for similar offending.

“The migration system is in a state of disrepair,” said O’Neil said, blaming Dutton, now the opposition leader, for the problems.

The Trafficked “investigation has uncovered, repulsive criminal wrongdoing in our country”, she said. “There’s some systemic issues here about the way that our migration system has been run down … creating direct criminal conduct in our country and putting Australians in danger.”

The minister said it was vital to get “independent eyes on what’s happened here”. She wanted “answers to why various law enforcement bodies within the Australian government had information that was needed to prevent harm occurring in the Australian community, and that information didn’t get to the right people at the right time”.

O’Neil has already commissioned a review of how problems in the migration system – including huge backlogs in visa processing – are denying Australia access to desperately needed foreign skilled workers.

Trafficked has revealed how state and federal agencies have spent years issuing confidential warnings of migration rorting, involving syndicates gaming the visa system to bring criminals or exploited workers into Australia. This is facilitated by networks of corrupt federal government licensed migration agents, education colleges, fixers and people who rort the English language test.

Border security failures enabled human trafficking boss Binjun Xie to allegedly set up an underground sex network across Australia, and authorities have also uncovered repeated rorting of visa streams by Vietnamese cannabis crop producers and traffickers in Australia.

O’Neil said the revelations had highlighted “the failure of our visa system” as well as “dodgy educational institutions that are clearly set up as fronts to bring people into the country, some of whom go on to commit crimes”.

“And the question is, why was this problem let run for so long?”

“There are systemic problems ... It’s not about a bad apple here or there, but in fact this interaction between education providers, between visa systems that aren’t working properly and between migration agents, who are not properly regulated. There is a real problem here and that’s why I think this needs to be properly looked at and properly addressed.

“Criminals are coming into our country operating with impunity and no one’s doing anything about it.

“The expert evidence does suggest that during that nine years that the Coalition was in power, literally tens of thousands of people came into our country. They might be exploited farm workers, they might be women who are trapped in sexual slavery. The human consequences of these problems are enormous, and we’ve got to change the way that this system operates so we can have a properly run migration system.”

In a statement, Dutton said he had “zero tolerance when it comes to any attempt to exploit our visa system and vulnerable individuals”.

“As minister for immigration and border protection, I oversaw establishment of Taskforce Cadena … which specifically detects and disrupts criminal syndicates who seek to profit off vulnerable foreign workers,” he said.

He said he would support any further measures “to combat visa fraud within the Australian migration system”.

www.samigration.com

Foreigners' arrival in India took big hit in 2021: MHA

Foreigners' arrival in India took big hit in 2021: MHA

DHNS New Dehli | 16 Nov 2022

Foreigners' arrival in India dipped by more than half in 2021 compared to 2020 when Covid-19 was at peak, if one goes by the annual reports of the Ministry of Home Affairs (MHA). The figures are more dismal if one takes the 2019 figures, as last year's figure is just around 15 per cent.

The MHA annual report for 2021-22 showed that 15.24 lakh foreigners visited India between January and December of 2021 as against 32.79 lakh reported between April and December of 2020 in the 2020-21 annual report. The figures for 2019, the pre-Covid period was 1.09 crore, the 2019-20 annual report showed.

The latest annual report showed that the United States (4.29 lakh) topped the maximum number of foreigners who visited India in 2021 followed by Bangladesh (2.4 lakh), United Kingdom (1.64 lakh), Canada (80,437), Nepal (52,544), Afghanistan (36,451), Australia (33,864), Germany (33,772), Portugal (32,064) and France (30,374).

These 10 countries accounted for 74.39 per cent of the total arrival of foreigners during 2021 while the rest of the countries accounted for 25.61 per cent of total incoming traffic of foreigners.

"Owing to the situation arising out of Covid-19 pandemic and in order to control its spread, the MHA took a series of steps to curtail the inward/outward movement of international passengers (both foreigners as well as Indians) in a calibrated manner since February 2020. However, with the phased unlocking in India, the Centre has been relaxing the visa and travel restrictions in a phased manner since May 2020," the annual report said.

In March last year, the MHA had also restored the e-Visa regime with all the sub-categories for the nationals of 156 countries. 

On deportation, the report said 821 foreigners were deported last year by the Foreigners Regional Registration Officers (FRROs). Most of the deported foreigners belonged to Nigeria (339), followed by Bangladesh (246) and Afghanistan (105), mirroring the 2019 trend.

In 2020 between April and December, 258 foreigners were deported and most of them belonged to Bangladesh (113), followed by Afghanistan (33) and Kyrgyzstan (22).

In 2019, India deported 1,233 foreigners and most of them belonged to Nigeria (547), followed by Bangladesh (230) and Afghanistan (94).

The 2021-22 annual report also showed that 2,439 Long Term Visas (LTV) have been granted by MHA for minority communities from Pakistan (2193), Afghanistan (237) and Bangladesh (9).

Besides, nine Pakistani civil prisoners and 15 Pakistani fishermen, who had completed their sentences, were repatriated to Pakistan while eight Indian civil prisoners and 20 Indian fishermen have been repatriated to India. 

Overseas student visas entering a new phase

Overseas student visas entering a new phase

Independent Australia | 16 November 2022

Home Affairs is desperately trying to cope with a huge surge in overseas student visa applications, many lured by the prospect of unlimited work rights. Dr Abul Rizvi reports.

AFTER FORMER Prime Minister Scott Morrison famously told temporary entrants in Australia to go home, denied most universities JobKeeper and denied any real support for temporary entrants who were stuck in Australia, many commentators considered Australia would struggle to attract overseas students once the pandemic was over.

Those commentators failed to take into account the attraction of unlimited work rights for students that former Immigration Minister Alex Hawke would subsequently provide. While Hawke’s policy would trash the reputation of Australia’s international education industry, it would also generate a massive increase in offshore student visa applications from students more interested in work than study.

Since international borders reopened, student arrivals and departures have accelerated quickly.

The 97,350 excess of student arrivals over departures in the period December 2021 to March 2022 was to be expected given the number of students that had been prevented entry during the pandemic. While there is a traditional net outflow of students in June, this did not happen in June 2022 — there was instead a small excess of arrivals over departures.

There was the traditional excess of student arrivals over departures in July and August 2022 and a non-traditional excess of student arrivals in September 2022 — traditionally a month when there is an excess of departures over arrivals.

Offshore applications and grant rates

But movements data can often disguise what is really happening. Offshore visa application numbers give us a better indication of the level of interest in studying/working in Australia while grant rates tell us how the Department of Home Affairs (DHA) is managing the caseload.

Offshore student visa applications vary considerably from month to month. June is traditionally a strong month for offshore student visa applications while July, August and September are traditionally low application months.

In 2022, offshore student applications in June, July, August and September set new records by a significant margin.

In June 2022, there were 42,700 offshore student visa applications with the next highest number of June applications being 34,343 in June of 2018. In July 2022, there were 30,801 offshore student applications with the next highest July figure being 25,152 in 2019.

In August 2022, there were 25,580 offshore student applications with the next highest August figure being 19,201 in 2018. In September 2022, there were 24,344 offshore student applications with the next highest September figure being 18,142 in 2018.

In every month from June to September 2022, the number of offshore student visa applications has exceeded the previous record for that month by at least 5,000.

But this isn’t converting to similar records of offshore student visa grants because grant rates have fallen significantly, particularly in September.

It is likely that the lower grant rates are partly due to the DHA finding increased levels of fraud in the caseload as well as a shift in source countries. DHA may also be making greater use of the “genuine temporary entry” requirement as a basis to refuse applications.

For a department under severe resource pressure as well as pressure to speed up processing, a large caseload with low grant rates due to either fraud or use of a subjective criteria like “genuine temporary entry” represents a major waste of resources. DHA desperately needs to find a different way to manage the offshore student visa caseload.

It may be hoping the recently announced review of the migration system may find a solution. In this regard, the Albanese Government has announced Australia will return to restricted work rights for overseas students from 1 July 2023.

That is the right thing to do if we want our international education industry to focus on the delivery of quality education. But there needs to be a clear transition plan that alerts students and agents to the change, explains how limited work rights will be enforced and helps students who have become reliant on unlimited work rights to manage the transition.

www.samigration.com

Home Affairs Minister Clare O’Neil says Australia’s immigration system ‘not working’ for migrants or business

Home Affairs Minister Clare O’Neil says Australia’s immigration system ‘not working’ for migrants or business

The West Australian | 16 Nov 2022

Australia’s immigration system is not working for migrants, business, or the country, Home Affairs Minister Clare O’Neil warns.

She said a four-month review — announced by the Federal Government last week — to look into the nation’s migration system would focus on speeding up visa processing times for bringing in skilled workers.

There are more than 800,000 migration and temporary visa applications still waiting to be processed as the country battles with a skills shortages crisis.

Last week, The West Australian revealed the extent of the shortages in WA, with almost 1000 nursing positions and more than 5000 mining-based jobs advertised in the State each month.

Childcare workers make up about 710 vacancies a month, with the day-to-day trades also feeling the heat being mechanics, electricians and construction workers.

Ms O’Neil said a series of proposals for bringing in skilled workers, such as getting rid of the skills list and introducing minimum salary thresholds would be considered as part of the review.

“(Our) system is genuinely in a state of disrepair. It has no strategy — we have got enormous complexity in the system. (There’s) literally hundreds of different visa categories and sub-categories,” Ms O’Neil told the ABC’s Insiders on Sunday.

“It’s expensive, it’s complicated, it is bureaucratic. It’s not working for migrants, for business, or for the country. When we look at Australia’s future we have really big challenges we are facing.”

The Labor Minister said most of the past decade the conversation had been about how to keep people out of Australia.

“We are in a global competition to attract the talent that we need for the future with the US, Canada, New Zealand and all the other countries rolling out the red carpet,” she said.

“It can take two or three years to get a visa to come here and then we will only let you stay for a couple of years and then send you back again.

“We have to think about this as a competitive mindset where we want Australians to be a destination of choice and that’s not what the migration system is doing at the moment.”

Ms O’Neil also reaffirmed a decision to scrap temporary protection visas, but would not yet commit to a timeframe for when and how it would take place.

“We have a number of people living in Australia on temporary protection visas who have been here for more than a decade,” Ms O’Neil sad.

“We are working through it slowly and carefully.”

Under the terms of reference, the goal of the review is to “develop a holistic strategy that articulates the purpose, structure and objectives of Australia’s migration system to ensure it meets the national interest in the coming decades”.

An interim report will be given to Ms O’Neil on February 28 and will contain priority recommendations for next year’s Federal Budget in May.

www.samigration.com


One of South Africa’s most popular routes to an EU passport may be coming to an end

One of South Africa’s most popular routes to an EU passport may be coming to an end

Business Tech | 16 Nov 2022

The days of citizenship-by-investment schemes in Europe may be coming to an end, warns immigration specialist, Sable International.

Citing statements from Portugal’s Prime minister, António Costa, earlier in November, the group warned that these types of investment plans’ days may be numbered after he revealed that his administration is re-evaluating its Golden Visa Programme.

Costa said that the programme has likely served its purpose and is no longer justified at this time. Evaluations on the programme are ongoing.

“When you are making an evaluation, you consider all the possibilities. And after the evaluation is completed, decisions are made, and possibilities become decisions. We are currently evaluating whether the golden visas make sense,” he said.

According to Sable, the reason for the introduction of the Golden Visa in 2012 was to support the recovery of the Portuguese economy, especially the real estate sector, following the financial and debt crisis that started in 2007.

“Under this Golden Visa Portugal programme, investors from non-EU countries can obtain Portuguese residency in exchange for a capital investment. Over the last ten years, Portugal has granted 11,180 residence permits to wealthy foreign citizens in exchange for investments totalling approximately EUR 6.5 billion,” it said.

The majority of the funds – primarily from South Africa, Brazil, and China – were invested in real estate.

“Part of the programme’s success lies in the fact that foreigners can invest the entire amount – there is no government contribution – and can obtain residency in an EU country by absence, with only 35 days spent in Portugal over five years. It is also one of the more affordable EU programmes, with qualifying property investment starting at only EUR 280,000,” Sable said.

While the prime minister’s comments have sparked concern among investors, Sable said that even if the Portuguese government cancels the programme, no new legislation can be applied retroactively, and all investors and applicants already registered for the programme and in the middle of the process are therefore protected from the termination of the programme.

“If you are still in the process of finalising your investment, you can be confident that no official end date has been announced and that you can still submit your Golden Visa application to the Portuguese authorities.

“However, we advise you to start the process sooner rather than later, before the programme terminates,” it said.

The group also warned that the move by Portugal may be part of a wider move away from Golden Visas in the European Union.

“The news comes after the EU Commission and Parliament voted in favour of proposed changes imposing restrictions on Golden visas in March 2022,” it said.

These changes include:

  • A gradual phase-out of citizenship-by-investment programs for the entire Union by 2025
  • Regulatory framework for all EU residency-by-investment schemes
  • A new category of the Union’s resources, consisting of a residency- and citizenship-by-investment adjustment mechanism
  • Revision of anti-money laundering laws to combat money laundering and terrorism financing
  • A targeted revision of the Long-Term Residence Directive
  • Preventing harmful residency- and citizenship-by-investment schemes administered by third countries

Sable said the proposed changes are important because they are focused on preventing people that are involved in money laundering, tax evasion, and other crimes, from benefiting from such visas.

“Since its launch in 2012, the Portuguese Golden Visa has been one of the world’s most successful residence-by-investment initiatives, largely due to its minimal residency requirements and flexible pathway to citizenship.

“This is one of the main reasons why the EU Parliament has long criticised the Golden Visa and passport schemes, claiming that they are a shortcut to EU citizenship based solely on financial considerations,” the group said.

While the Prime Minister’s comments may be taken as an indication that the Golden Visa’s days are numbered, no legislative decree to this effect has been issued, nor has the formal termination of the programme been announced.

“If you were considering investing in the programme, there is still time to ensure you don’t miss out,” said Sable.

ww.samigration.com