Status+Under&nbsp;Australian+law

=FORMS OF IMMIGRATION INTO AUSTRALIA= There are many avenues of entry into Australia. People who wish to enter Australia must obtain a visa in order to enter legally. Those who do not breach the laws of Australia and can be prosectued under Australian Law. There are a number of visas which are available for any person whether they wish to come for a holiday or look to live in Australia permanently. People can either get either a Temporary Visa or a Permanent Visa.

__TEMPORARY VISAS__
To be eligable for a temporary visa, an applicant must pass a health and good character test. There are three main forms of temporary visas, namely; visitor, student and temporary resident visas.

__VISITOR VISA__ -This type of visa is granted to a person who intents to visit Australia for purposes other than; employment, education and politics. The main applicants for these kinds of visas are tourists. This type of visa is issued for 3 months or 6 months but it is possible to have this period extended to a maximum of 12 months.

__STUDENT VISA__ Applicants for this type of visa are students who are undertaking study in an Australian learning institution from primary to tertiary. Unless otherwise stated, students cannot legally work in Australia. They have to be approved and issued a visa before they enter Australia. Furthermore, they must also pay full, non-HECs supported tuition fees.

__TEMPORARY RESIDENCE VISA__ - There are several eligible parties that may apply for this visa. This visa allows applicants to stay in Australia, and allows them to obtain work for the duration of their stay. People eligible for this visa include... 1.The Working holidaymaker’s program - duration of one year. 2. The Temporary workers – duration a maximum of 2 to four years, i.e. performers, media crew, sports people etc 3. Business Investors 4. Expatriate dependants 5. Under 18 year olds with friends or family in Australia 6. Self supporting retirees over 55 with only a dependant spouse.

__BRIDGING VISA__ This visa lets a person stay in Australia whilst they arrange their own transportation out of the country or if they are waiting for the issue of a new visa. People on these visas are known as "Lawful Non-citizens".

__SAFE HAVEN VISA__ This type of Visa offers short term protection to people who are seeking refuge in Australia away from a country which is experiencing war or the like. The length of the protection avaliable is determined by the seriousness of a person's home county's crisis. When it is safe for a person to go back to their country, they are resettled there. People who come to Australia on this visa cannot apply for any other visa.

__PERMANENT VISAS__
Are mainly issued to skilled working migrants or to refugees seeking asylum in Australia. There are two main components..... //The migration component//, this is issued to Family, Skilled and special Eligibility Stream applicants. And... //The humanitarian component// - This is issued to genuine refugees and other special applicants.

THE MIGRATION COMPONENT
//**__FAMILY STREAM MIGRATION__**// All family stream migration applicants must be sponsored by an Australian citizen or permanent resident in order to get in. they must also be over 18 and be living in Australia. If an applicant is successful, the sponsor is obligated to give financial support to the migrant as well as to help them get settled. To be successful, the applicant must pass the health and good character test, however in some cases the Minister for Immigration and Multicultural and Indigenous Affairs can overrule a failed test on the grounds that the applicant will not become a burden to the state. The migration act 1958 (Cth) states that the Minister can make priority lists in order to determine who get in. -Higher priority is given to dependent children, spouses, de factos, affianced spouses and finally, carers. The family stream of migration has 4 main categories __PARTNER__ A partner is a spouse, de facto or affianced spouse. In order to qualify the applicant and sponsor must have been together for more than 5 years in order to catch out and reject all false relationships. This is important because historically, when an applicant got to Australia, they and the sponsor will divorce or stop seeing each other in order for the sponsor to sponsor another applicant. __CHILD__ A child is a natural child, an adopted child or stepchild who is not married or in a relationship. If the applicant is between 18-24 they must be a full time student and also be financially dependant on the sponsor. If the applicant is a stepchild they must be under the age of 18 and must be sponsored by their legal guardian. As mentioned above all child applications are given the highest priority. If the applicant is under 18 DIMIA must be sure that they are not breaching any custody orders, breaching the laws of the child’s home country and finally they must be sure that migration is in the best interest for the child. __PARENT__ A person can apply for a parent visa is 50% of their children have been living in Australia for the past 2 years. This is checked by the “Balance of Family Test”. There are two types of parent visas available. 1. The Parent Category 2. The Contributory Parent Category – they agree to pay a part of their own health and welfare costs. Due to this, Contributory Parents have a higher priority than Parent Category applicants. __OTHER SIGNIFICANT FAMILY MEMBER__ It is also possible for other family members to come out to Australia under certain circumstances. A family member who is a permanent resident or Australian / NZ Citizen must sponsor these people to come out. The sponsor must be over the age of 18 years. The program enables Orphan Relatives, Carers, Aged Dependent Relatives as well as Sole Remaining Relatives. For these people to be able to come out they must have passed all of the necessary requirements for the Family Stream Migration program.

__//SKILLED STREAM MIGRATION//__
- Is how the majority of migrants gain entry to Australia. - Applicants must pass the health, good character and points tests. There are 5 main categories in the skilled stream migration scheme: __INDEPENDENT SKILLED MIGRANTS__ - Do not need a sponsor - Are selected on their work skills and experience and potential to contribute to economic wellbeing in Australia. - This is how the largest number of skilled migrants have gained entry to Australia. - State and Territory Governments can sponsor migrants and their families under this category __EMPLOYER-NOMINATED SKILLED MIGRANTS__ - Must be sponsored by an Australian employer under one of three schemes…. - //Employer nomination scheme// – full time position for a highly skilled worker. - //Regional Sponsored Migration Scheme//- full time work in regional Australia - //Labour Agreements// – where foreign workers are recruited to fill shortages in skilled labour in an industry. These deals are made between the employer and the Federal Government. Under the Employer nomination and Regional Sponsored migration scheme, the employer must prove that an Australian citizen cannot fill the job and also show that real effort has been made to find and train Australians. __BUSINESS SKILLS MIGRATION__ - Encourages foreigners to who wish to invest in or purchase Australian business. - Could be in 3 different categories under this scheme - //Business Owner// – people who have a successful business career as an owner or senior manager in a certain business. They must be involved in the active running of the business and have a lot of assets in the same business. They must commit to actively participate in an Australian business. - //Senior Executive// – for applicants who hold a senior executive position for at least two years in the last 4 of those years. They must have a proven and acceptable record in organisation and management. They must also have extensive assets and must also make a commitment to manage a business in Australia. - //Investor// – for investors who have very positive records in business or investment activities. They must also have a large amount of assets usually, $750 000, and be willing to invest funds in Australian investment for at least 4 years. They must commit to participate in investment and business activity in Australia. __DISTINGUISHED TALENT MIGRANTS__ - Applicants must be exceptionally talented at a particular field of endeavour which will be useful to Australia. - Usually in the areas of arts and sport. __AUSTRALIAN-SPONSORED SKILLED MIGRANTS__ - Australian citizens and permanent residents can sponsor relatives who pass a number of criteria __SPECIAL ELIGIBILITY STREAM MIGRATION PROGRAM__ - 500 places set aside by DIMIA for former residents or for people with close ties to Australia. - The former resident category applicants are people who wish to return to Australia as permanent resident but have not been able to get citizenship applicants must be under 45 years of age and must have spent a minimum of 9 out of their 1st 18 years in Australia. They must have maintained business, personal or cultural ties with Australia. Other people eligible for this scheme are former permanent residents who were members of the armed forces who served for at least three months before 1981. Age restrictions don’t apply for these people. - People in Australia who wish to apply for the close ties category must have unlawful non citizen status. They must be able to prove a close tie to Australia. People are usually those who claim to have grown up in Australia and who are over 18. - Applicants who fail face deportation because they are unlawful non-citizens.
 * 1) Independent Skilled migrants
 * 2) Employer-Nominated Skilled migrants
 * 3) Business Skills migrants
 * 4) Distinguished Talent migrants
 * 5) Australian-sponsored Skilled migrants

__//HUMANITARIAN STREAM MIGRATION//__
Australia has had a good reputation for helping refugees and foreigners in need until recently where recent events which have damaged this reputation.

The “Tampa incident” in August 2001 caused a furor in the international community. Afghan Unauthorised Entries on a boat became distressed 140km off Christmas Island. A Norwegian ship, the MV Tampa rescued the 400+ refugees. The Australian Government however refused entry to the ship and its passengers at one point deploying the elite SAS regiment to the ship.


 * Both images obtained from [|http://safecom.org.au]**

The “Children Overboard incident” happened roughly a month after the Tampa incident. The Australian Navy Ship: HMAS Adelaide intercepted a Suspected Illegal Entry Vessel SIEV. When they arrived they claimed that the asylum seekers on the vessel threw their children overboard to make the Australians rescue them and take them to Australia. This incident was under close public scrutiny as it was very close to the infamous Tampa incident. It was also the time of federal elections in Australia. Inquiry into the matter found that no children were in fact thrown overboard and that the government had manipulated the story to help their election campaign.

Asylum Seekers are people who seek protection from another country as refugees.

Sovereign states have the right to decide if a person is allowed to enter their country and if they are allowed in and what rights and responsibilities they are entitled to. Australia uses the United Nations High Commissioner for Refugees' (UNHCR) definition to determine whether or not a person is to have refugee status. Australia will not grant refugee status to a person who is able to gain protection in another country.

There are two types of protection program, “Offshore” and “Onshore”…..

__ONSHORE PROTECTION PROGRAM__ Applicants deemed to need protection who apply in Australia are granted protection visas. If the applicant arrives lawfully, they are granted Permanent Protection Visas. If however, the applicant arrives illegally, they may only be granted a three year Temporary Protection Visa. In both cases however, successful applicants must pass the good character and health criteria. Applications for these visas must be in writing. If a temporary visa holder requires further protection they may be granted further protection unless they can obtain protection in their home country or a country where they stayed for seven days or more on their way to Australia. This is referred to as the “7 day rule”. However, whilst in Australia they are granted special assistance by the government. They are entitled to counseling, financial assistance, work, medical care as well as visa assistance.

If a Temporary Protection Visa holder is deemed to no longer require protection they are resettled in their own country. Their place will be added to the quota for other people to use.

__OFFSHORE PROTECTION PROGRAM__ Many unauthorized entries do not try to land in mainland Australia but try to land at one of the islands off Australian that were owned or are protectorates of Australia. Some examples are Christmas Island and Cocos (Keeling) Island. People who land at these places are referred to as “offshore entry persons” and technically, according to the Australian Government, haven’t landed in Australia. Here people are processed and those deemed to be in a genuine need of assistance can be granted a Secondary Movement Offshore Entry Visa. However many do not get these because they are classed as illegal immigrants and most people fail the Seven Day rule.

__CITIZENSHIP__
Permanent residents can become eligible for citizenship if they meet a number of requirements. Citizenship means that they will be able to live in Australia permanently and will be officially identified as Australians.
 * 1) They must have been living in Australia for at least 2 years in the last 5 and at least 1 year within the 2 years prior to application.
 * 2) Must intend to live in Australia permanently or maintain close ties.
 * 3) Must have a good command of basic English, be of good character and have a thorough knowledge of the rights and responsibilities of an Australian Citizen.

//For information about the migration points test visit:// http://www.visabureau.com/australia/immigration-points-test.aspx

//For further information about the methods of entry to australia and information on obtaining visas:// http://www.immi.gov.au/immigration.htm The Australian Department of Immigration and Citizenship = = = = =THE NATURE OF DISADVANTAGE FOR MIGRANTS=

__DISCRIMINATION__ Discrimination exists in every society. In Australia it is still present even though there have been a number of acts and laws passed to stop it. Migrants are discriminated against regularly for a number of reasons.

__EMPLOYMENT AND ECONOMIC DISADVANTAGE__ People who migrate to Australia can come from places where English is not their native language. Due to this they find it difficult to secure employment because they cannot communicate to an acceptable degree. They can also have problems when they come to Australia and find that their qualifications gained overseas for a certain occupation are not recognised in Australia. Yet another employment disadvantage is that when skilled migrants come to Australia for the purpose of working in a particular occupation and are unable to find a job, they are forced to work jobs which are less skilled and which have lower pay rates.

__IMMIGRATION ISSUES__ The Australian Government issues quotas for migration each year. This is done in order to limit the number of people who enter the country, this means that some people who apply for visas will inevitably miss out. One possible problem with this is that if people in Australia apply for a family member to come out and they are unsuccessful that family member cannot join their family in Australia.

__ALIENATION__ A common event that happens in all countries is to block out people or groups that are different in any way. This is a common fate suffered by many migrants in Australia and around the world. Migrants face alienation for many different reasons,
 * 1) They lack family members or support
 * 2) They lack support for, or recognition of, certain cultural and/or religious values
 * 3) Their inability to communicate effectively, thus further exacerbating their alienation
 * 4) Misinformation and often biased reporting of migrant, and particularly, refugee issues.
 * 5) Misunderstanding and lack of information by members of the community into which certain migrants may go (especially in country and regional areas)
 * 6) Their own unwillingness to accept changing circumstances.

__ACCESS TO THE LAW__ A person’s ability to access the law is often in a direct relationship to their: -level of education -ability to afford legal representation -ability to speak and/or understand English -trust in institutions

__EDUCATIONAL DISADVANTAGE__ Many non skilled migrants who have come to Australia have come from countries that do not have English established as a first language and where education was not required for a successful and fruitful career. They come to Australia at a disadvantage because they have very little education and do not have a good command of the English language. Because of this they are at a disadvantage in the areas of education, access to the law as well as gaining improved skills.

__POLITICAL DISADVANTAGE__ In Australia legal migrants are entitled to the same political rights and responsibilities as an Australian. This means that migrants are allowed to vote, stand for election and are also allowed to lobby politicians. However, some migrants are at a disadvantage because they have come from countries with corrupt totalitarian governments where it is very likely that they were discriminated against or even targeted. Due to this many migrants are very wary and suspicious of governments and do not take part in any political activities for fear of discrimination, reprisals and the like.

__RELIGIOUS DISADVANTAGE__ In Australia it is possible to worship any established religion. There are many places of religious worship to cater for all people. This is also true for migrants whom in recent years have been predominantly Chinese and of Islamic background. The main disadvantage however is that many religions are subject to discrimination due to lack of understanding. This is true at the moment for the religion of Islam where many people are stereotyping terrorism with Islam even though this is not the case.