First court finding against 457 visa sponsor

First court finding against 457 visa sponsor

02-07-2012 -

The Department of Immigration and Citizenship (DIAC) today welcomed a Federal Magistrates Court decision against a Victorian 457 visa sponsor who underpaid a worker by $10 000.

The court issued a pecuniary penalty of $35 000 plus costs of almost $11 000 and put significant weight on the need to deter other employer sponsors from breaching their obligations.

A departmental spokesman said today that, for the first time, an action had been brought before the courts under the Migration Legislation Amendment (Worker Protection) Act 2008. He said the court found 457 sponsor Sahan Enterprises Pty Ltd had failed two of the obligations: the obligation to pay equivalent terms and conditions, and the obligation to keep appropriate pay records.

“DIAC will not tolerate abuse of the skilled migration program and this finding should send a strong signal to sponsors that they must fulfil their sponsorship obligations,” the spokesman said.

“This is a timely reminder that Australian workplace laws apply universally to all. Sponsors found to be doing the wrong thing by the department’s inspectors may be subject to administrative sanctions, an infringement or civil litigation, as in the case of Sahan Enterprises.”

During the monitoring process, inspectors uncovered failures of the sponsorship obligations. The sponsor was initially served with an infringement notice and asked to repay the visa holder. The sponsor did not comply with the requests and the matter was referred to the courts for a civil penalty.

The spokesman said the court finding represents a significant win and underscores the strength and importance of the reforms embodied in the Migration Legislation Amendment (Worker Protection) Act 2008 (the Worker Protection Act) sponsorship obligations.

“While other cases have been filed, those matters have been settled via alternative means to the satisfaction of the department and any sponsored people involved,” he said.

“While the vast majority of sponsors are compliant, DIAC remains committed to strengthening the integrity of Australia’s skilled visa programs by identifying and penalising employers who do the wrong thing.

“The department welcomes this finding, which is the result of its thorough approach to monitoring investigations and the high calibre of the sponsor monitoring inspectorate.”

Media Enquiries: National Communications 02 6264 2244

Four more boat arrivals returned to Sri Lanka

Four more boat arrivals returned to Sri Lanka

20-10-2012 -

The Department of Immigration and Citizenship said today four more Sri Lankan men were returning home voluntarily from Nauru after choosing not to pursue their asylum claims.

This brings the total number of Sri Lankans to return home in 2012 to 79, including 47 since the department began transferring people to Nauru as part of the new regional processing arrangements.

“These individuals have chosen not to pursue asylum claims and therefore are no longer seeking to engage Australia’s protection obligations,” a departmental spokesman said.

“The men were in the post-13 August cohort and so were subject to transfer to a regional processing centre – they have instead chosen to return home voluntarily.”

The spokesman said transfers of boat arrivals to Nauru continued this week and more would follow in the coming days and weeks.

“Regular transfers to Nauru and more Sri Lankans returning home is further proof that there is no advantage engaging with people smugglers,” the spokesman said.

People in immigration detention can request their removal from Australia at any point in time. Those who choose to depart voluntarily can be provided with individual reintegration support to assist with their sustainable return, through the International Organization for Migration.

Reintegration packages are determined on a case-by-case basis depending on need and eligibility.

Media Enquiries: National Communications 02 6264 2244

Australia by boat? NO ADVANTAGE

Australia by boat? NO ADVANTAGE

The first group of irregular maritime arrivals arrived safely in Nauru on September 14 after being transferred from Christmas Island. The transfer follows passage of legislation through the Parliament to allow regional processing of people who arrive by boat after August 13 and the designation of Nauru as a regional processing country. The introduction of regional processing in Nauru and Papua New Guinea was a recommendation of the Expert Panel on Asylum Seekers’ report. This sends a strong message of deterrence to anyone considering using a people smuggler to make a dangerous journey by sea to Australia. Australia by boat? No advantage. 

http://www.newsroom.immi.gov.au/videos/first-transfer-of-imas-from-christmas-island-to-nauru 

Australia Needs Foreign Healthcare Workers

Report Says Australia Needs Foreign Healthcare Workers

Friday, October 12, 2012
A 450-page report claims that Australia needs more foreign doctors and nurses to fill the expected health worker shortfall over the next decade and a half.

The nation's top health workers advisory body, Health Workforce Australia, reports that the country will face a shortage of 109,000 nurses in aged care and mental health and 2,700 doctors by 2025. Doctors include radiologists, psychiatrists, pathologists, general practitioners, and obstetricians.
Health Workforce Australia Chief Executive Mark Cormack says the shortage of qualified health practitioners and aids is being felt in remote areas of Queensland, Northern Territory, and Western Australia.
In an attempt to encourage more medical and health workers to migrate to Australia, the government is offering higher compensation and generous employment conditions.
According to the medical recruitment company Triple0 General Manager Andrew Arps, the Northern Territory and Western Australia offer the biggest salary range for doctors and nurses.
Graduate doctors or those with no specialization can earn around $100,000 annually and up to $400,000 a year for specialists. Registered nurses receive an annual salary range of $78,000 to $130,000.
Although each state offers its own bargaining agreement, recruitment agency Randstad Director of Healthcare Christine Curphey said the employment conditions in Australia are more generous than in other countries. Employment advantages include relocation assistance, travel and educational stipends, additional leave, and free or subsidised accommodation.
One of the suggestions of Health Workforce Australia is to simplify the visa process in order to attract more foreign doctors and nurses to work and migrate to the country.
The Health Workforce Australia report was released after a meeting in Canberra by the Federal, State, and Territory Health Ministers. "Ministers agreed that the report presents the need for essential coordinated, long-term reforms by governments, professions and the higher education and training sector," the Ministers said in a joint statement. "It is clear . . . that we must look further than just adding to the existing workforce profile."