New look improved web site - http://www.dlegal.com.au/

Introduction
Oates Rennick & Associates Lawyers

www.dlegal.com.au/

MIGRATION: We are not just Migration Agents. We are also Qualified Australian Lawyers & members of the Law Institute of Victoria . We operate under a strict Code of Conduct administered by the Legal Services Board (under the Legal Profession Act 2004) , The Law Institute of Victoria and also the Migration Agents Registration Authority (MARA 0742843).

STUDY IN AUSTRALIA Australian education has a strong international reputation. Eligible students may be able to apply for permanent visas. Australia is also one of the best places to live and has best liveable cities in the world.
PROPERTY (CONVEYANCING) Buying and Selling property, either for home or investment, is a serious matter. Mistakes can be costly. No matter what the media tell you, conveyancing is best left in the hands of the trained professional - Property Lawyer.

LAW PRACTICE: We are a general law firm founded by Mr.E. Oates 25 years ago.

Wills and Probate - Everyone must plan their legal wills and estates.

Power of Attorney -
A document which gives authority to act on your behalf
The power can be specific to a certain task or broad to cover many financial duties.
The power can be given to start immediately, or upon mental incapacity
Family law - Many disputes can be resolved through communication and negotiation, which can help to reduce costs, delays and legal action.

New MODL and the priority processing of CSL applications

New MODL and the priority processing of CSL applications

Published By Dinesh Weerakkody - Solicitor & Barrister

As publicised the first issues paper of the Migration Occupations in Demand List (MODL) review, being conducted by DEEWR and DIAC, is open for public comment now.

Many are asking questions about the role of the new MODL and how it affects priority processing of CSL applications.

The arrangements for the transition to the new MODL will be determined once the outcomes of the review are finalised.

The Critical Skills List(CSL) will remain in place while the review is in progress and then be phased out following the implementation of any recommendations flowing from the review.

Occupations which are listed on the CSL receive priority processing, which assists the targeting of the migration program.

These arrangements will continue until the review is finalised. Once the review is finalised, arrangements for phasing out the CSL will be announced.

Contact us for more information
Dinesh Weerakkody LLB; PDLP
Solicitor & Barrister (An Australian Legal Practitioner)
An Australian Migration Agent (0742843)

Mob + 61 425725570
Fax + 61 3 9808 2243
Email: info@dlegal.com.au; dweerakkody@hotmail.com
DX 32503 BURWOOD
C/O Oates Rennick & Associates.
4 Burwood H’way Burwood, VIC 3125, Australia

Note: Information courtesy - DIAC

MODL Review is taking place

MODL Review is taking place
Published By Dinesh Weerakkody - Solicitor & Barrister

MODL Review

The government has agreed to reform the MODL to make it more forward looking, focusing on Australia’s skill needs for the future and giving priority to migrants with high value and high quality skills.

The first issues paper of the Migration Occupations in Demand List (MODL) review, being conducted by DEEWR and DIAC, is open for public comment now.

A second issues paper will be published later.

During the course of the process, DIAC also plans to hold consultation forums in Sydney and Melbourne.

What is the Migration Occupations in Demand List (MODL)?

The Migration Occupations in Demand List (MODL) lists those occupations and specialisations identified by the Department of Education, Employment and Workplace Relations (DEEWR) that are in short supply.

How often does the MODL change?

The MODL is reviewed twice a year to take into consideration existing and emerging skills shortages. This does not mean the list is changed twice a year. Changes only occur if there has been a significant change in labour market trends.

As the MODL may change from time to time, you are advised to check the current MODL at the time you are lodging your visa application.

How are occupation points awarded on the points test?

If your nominated occupation is on MODL either at the time your application is lodged or assessed, you will be eligible for 'occupation in demand/job offer' points on the General Skilled Migration points test. You will receive extra points if you have a job offer from a suitable Australian employer.

Contact us for more information

Dinesh Weerakkody LLB; PDLP
Solicitor & Barrister (An Australian Legal Practitioner)
An Australian Migration Agent (0742843)

Mob + 61 425725570
Fax + 61 3 9808 2243
Email: info@dlegal.com.au; dweerakkody@hotmail.com
DX 32503 BURWOOD
C/O Oates Rennick & Associates.
4 Burwood H’way Burwood, VIC 3125, Australia

Pathway for CIMA members to CPA Australia membership

Pathway for CIMA members to CPA Australia membership

The following steps demonstrate the pathway for the Chartered Institute of Management Accountants (CIMA) qualified members to become a CPA Australia member under the conditions of the mutual recognition agreement (MRA) in the status CPA in the case of an Associate CIMA member or FCPA status in the case of a Fellow CIMA member.

Step 1: determine eligibility

The following criteria applies to Associate or Fellow members of CIMA who:

• have successfully completed:
• the CIMA professional qualification
• the CIMA practical experience requirements

and

• is a member of good standing and not under any investigation for professional conduct infringements with CIMA

Each application is subject to a formal, individual assessment of qualifications. If you are uncertain as to your eligibility for membership under the MRA, contact MAIS.admission@cpaaustralia.com.au

Step 2: complete application

Complete the Application for admission as a CPA under a MRA form. Include the following with your application:

• 100 points of identification (see application form)
• admission and membership fee (see application form)
• letter of good standing dated no older than one year prior to application - to be obtained from CIMA which contains the following information:
• date joined CIMA
• date advanced to current member status
• date current membership is fully paid to
• confirming you are not a member of CIMA by virtue of another mutual recognition agreement
• confirming you are not currently subject to any disciplinary sanctions or investigation and have not been subject to any disciplinary sanctions in the past five years
• change of name documentation (if applicable)

Step 3: forward application

Forward your application to:

Member advisory and information services
CPA Australia
GPO Box 2820
Melbourne VIC 3001

Step 4: processing of application

Your application will take approximately four weeks to process. If there are any queries regarding the details of your application a CPA Australia staff member will contact you via email.

If your application is successful, an initial email will be sent to you informing you of your success. A welcome pack including a membership certificate will follow by mail.

If your application is unsuccessful, a letter will be sent to you outlining the reasons why your application was not successful. Advice will be provided as to how you can meet CPA Australia’s membership requirements.

Once you are a member of CPA Australia your obligations are to undertake CPA Australia's requirements in the following areas:

• continuing professional education (CPD)^*
• professional conduct
• professional assurance
• professional standards

^*Completion of CPA Australia's CPD requirements will also satisfy CIMA's CPD requirements. You will be required to report annually to both CIMA and CPA Australia.

Note: The MRA does not include rights to conduct public accounting services, signed audited financial statements or act as a tax agent. A separate application for the practicing certificate issued by CPA Australia is required.

This information was copied from CPA web site on 5/08/2009 By Dinesh Iriyagolle Weerakkody

Close of Colleges - Sterling and Melbourne International

Close of Colleges - Sterling and Melbourne International - Further information for affected students and payments

Note: When choosing an education provider students should not only consider the fees of the courses and number of days the courses are held but must also investigate the reputation and quality of the education that will be provided and of the agent.

The writer pleads with the students and advice seekers to do research and use a degree of caution and common sense when making decisions that affects once future and when consulting agents and not only of the cheap cost of some consultations.

Further there is information the affected students on the AEI (Australian Education International) website or are downloadable here:

• Sterling College
• Melbourne International College

Students are advised that under the ESOS Act, ACPET is required to offer them a suitable alternative course and that they will not be required to pay extra money if they have already paid money in advance to Sterling College or Melbourne International College.

Students are advised that under the ESOS Act, ACPET is required to offer them a suitable alternative course and that they will not be required to pay extra money if they have already paid money in advance to Sterling College or Melbourne International College.

If ACPET is unable to find a student a suitable alternative course, then the ESOS Assurance Fund may offer the student a suitable alternative course, and if the Assurance fund is not able to place the student in a suitable alternative course, the student may be eligible for a refund.

Students can arrange their own enrolment in another course, but they must notify ACPET if they do so.Students are advised that: “You do not need to enrol yourself in another course at this time. Arrangements are being made to place you in another course as soon as possible. You should retain all records concerning your enrolment at Sterling College Pty Ltd including receipts and academic records.”

There are also Frequently Asked Questions with further information on the AEI website.

Contact us for more information

Dinesh Weerakkody LLB; PDLP
Solicitor & Barrister (An Australian Legal Practitioner)
An Australian Migration Agent (0742843)

Mob + 61 425725570
Fax + 61 3 9808 2243
Email: info@dlegal.com.au; dweerakkody@hotmail.com
DX 32503 BURWOOD
C/O Oates Rennick & Associates.
4 Burwood H’way Burwood, VIC 3125, Australia.

If you hold a Bridging Visa E with work rights - No points for Aus Work Experience.

If you hold a Bridging Visa E with work rights - No points for Aus Work Experience

Published By Dinesh Iriyagolle Weerakkody -
Solicitor & Barrister
Migration Agent (0742843)

Notes By: Dinesh Weerakkody: Always check the criteria for migration from the source. Migration Lawyers do not rely on any other source and only refer to the Migration Act, Regulation, Migration policy manuals, Ministerial Directions , tribunal and court decisions. The assessments will be based on case by case basis.

For General Skilled Migration (GSM) applicants, the DIAC website advises that:
Points will be awarded for Australian Work Experience if (among other things) you have been employed in Australia “while holding a visa that allows you to work”. This is not correct. An applicant could not be granted points for Australian work experience done while holding a BVE with work rights.

The correct information is in the Migration Regulations (Reg) :

Reg 2.27C - Skilled occupation in Australia

In determining whether an applicant satisfies a criterion that the applicant has been employed in a skilled occupation for a certain period, a period of employment in Australia must not be counted unless the applicant:

(a) held:
(i) a substantive visa; or
(ii) a Subclass 010 Bridging A visa;or
(iii) a Subclass 020 Bridging B visa;
authorising him or her to work during that period; and

(b) complied with the conditions of that visa.

The DIAC has been notified and DIAC will correct its website information. Source – The Migration Institute.

Contact us for more information

Dinesh Weerakkody LLB; PDLP
Solicitor & Barrister (An Australian Legal Practitioner)
An Australian Migration Agent (0742843)

Mob + 61 425725570
Fax + 61 3 9808 2243
Email: info@dlegal.com.au; dweerakkody@hotmail.com
DX 32503 BURWOOD
C/O Oates Rennick & Associates.
4 Burwood H’way Burwood, VIC 3125, Australia.

No more PR for cooking and hairdressing qualifications

No more PR for cooking and hairdressing qualifications

By Dinesh Iriyagolle Weerakkody
Solicitor & Barrister

Monash University demographer Dr. Bob Birrell made a statement on ABC National Radio program at the end of July and was also noted in The Australian and in the Age news paper.

It is noted that Dr. Birrell stated that the vocational education industry is set to "implode" because recent changes to visa regulations and many international students can no longer qualify as skilled migrants. The article on the Age noted that the Federal Government recently tightened the rules to limit the processing of skilled migrant visas to those who had occupations on a new critical skills list and that hairdressing and cooking, two of the most popular international student courses, were not included.

The writer notes that the statements are misleading (up to a great extent) and caused panic among the international student circles.

The writer asserts that Under the Migration Act the department (DIAC), as long as an applicant passes the point test and also meets all other relevant requirements a visa will be granted and DIAC is obliged to process all applications it receives. There is no chance or very little possibility that such an application will not be processed unless it is suspected fraud.

It is very unlikely DIAC to change any rules after an applicant applies that may adversely affect them later.
However it should be noted that the CSL (Critical Skill List) applicants currently have an advantage and will be processed faster but all other applications will be accepted and processed including cooks and hairdressers. However it may be a long wait but the visas should be granted if all requirements are met.

The writer is concerned about this delay and uncertainty. This will create further headaches to DIAC and for the applicants in the near future.

Mr. Peter Speldewinde, DIAC’s Assistant Secretary Labour Market Branch Migration and Visa Policy also expressed concern about the relevant statements in the media. He said “We are obliged to process visa applicants that are lodged and complete. However, the Act does not mention a time frame which they must be processed.”

Mushrooming Hospitality Courses and small institutions

The rise in the enrolments in Hospitality type of courses outnumbers the rise in nearly all other courses put together. The writer is concerned that some students may have been pushed to study such courses by education agents and unscrupulous migration agents without having the best interest of the student at hart.

At a Migration Seminar organised by DIAC in July, a young Indian student who was about to complete her master’s degree in an engineering related field, in front of DIAC officers explained how she was asked to be enrolled in a hospitality related diploma course to obtain PR by an agent.

College collected fees while sinking

An article in The Australian reported that a private college that collapsed last week was taking fees and reassuring its mainly Indian students even as it appeared to be sliding into financial failure.
Angry students claim Melbourne International College (MIC) was accepting fees of $1500 to $4500 and offering discounts on forward payments just before the collapse.

Soon after the college was using text messages and emails to notify its 330 students that classes had been cancelled for the rest of the week and they should attend a meeting on Friday to be briefed on their entitlements.

Last year, a former MIC director, Thulasitharan Santhirarajah, 35, was arrested by Australian Federal Police at the request of the FBI over alleged terrorism offences in the US believed linked to the Tamil Tigers. But according to Australian Securities & Investments Commission documents Mr Santhirarajah does not appear to have ceased being a director until June this year.

The writer pleads with the students and advice seekers to use a degree of caution and common sense when making decisions that affects once future. When consulting an agent, choose an experienced agent or to consult a migration lawyer, opposed to a recent migration agent.

The writer Dinesh Iriyagolle Weerakkody is practicing as an Australian Solicitor & a Barrister and as a Migration Agent (0742843) at Oates Rennick & Associates. He was the former head of the Asia Pacific Forum of Environmental Journalists facilitated by UNEP & UN-ESCAP. He has a keen interest in environmental and sustainable development issues. He can be contacted on 0425725570 or info@dlegal.com.au

College collected fees while sinking

College collected fees while sinking
.........................

Note from Dinesh Weerakkody LLB; PDLP- Solicitor & a Barrister

When choosing an education provider students should not only consider the fees of the courses and number of days the courses are held but must also investigate the reputation and quality of the education that will be provided and of the agent.

The writer pleads with the students and advice seekers to do research and use a degree of caution and common sense when making decisions that affects once future and when consulting agents and not only of the cheap cost of some consultations.

Dinesh Weerakkody is practicing as an Australian Solicitor & a Barrister and as a Migration Agent (0742843) at Oates Rennick & Associates. Mob: 0425725570

........................

A PRIVATE college that collapsed last week was taking fees and reassuring its mainly Indian students even as it appeared to be sliding into financial failure.

Angry students claim Melbourne International College was accepting fees of $1500 to $4500 and offering discounts on forward payments as late as last Wednesday.

But by Thursday morning the college was using text messages and emails to notify its 330 students that classes had been cancelled for the rest of the week and they should attend a meeting on Friday to be briefed on their entitlements.

Student Ajith Bruz, 26, from southern India, claims that even on Thursday morning front desk staff were telling students they didn't have to worry.

"They said nothing was going on and we didn't have to worry," said Mr Bruz, whose friend was one of those who had paid a fee instalment on Wednesday.

The fees paid by students are protected under an industry tuition assurance scheme that entitles them to be placed at other private colleges.

Under the scheme, the new college cannot charge students for the part of the course already paid for. But it could be up to 28 days before placements are found.
Students are also protected by a federal government assurance fund that is supported by a levy on the industry.

"We don't know what colleges we'll be going to, how much time we will have to be in class or what the fees are," said Mr Bruz.

Last year, a former MIC director, Thulasitharan Santhirarajah, 35, was arrested by Australian Federal Police at the request of the FBI over alleged terrorism offences in the US believed linked to the Tamil Tigers. But according to Australian Securities & Investments Commission documents Mr Santhirarajah does not appear to have ceased being a director until June this year.

Current sole director Yarlini Nadarajamoorthy, 21, said yesterday she did not know Mr Santhirarajah. But ASIC documents list them as having had the same address in Melbourne's outer eastern suburbs. Ms Nadarajamoorthy declined to comment on MIC's collapse.

The collapse comes as authorities are cracking down on the permanent residency driven training sector after a spate of assaults on Indian students in May sparked outrage in India and focused attention on reports of fraud and student exploitation among some agents and colleges.

Immigration Minister Chris Evans flew out yesterday to India to shore up the reputation of Australia's $15 billion education export industry and reassure Indian parents, media and government that Australia was a safe place to study.
Senator Evans said that so far there has been no sign of a downturn in the demand of Indian students to study here. India is our second largest and fastest growing source of international students, with most of the growth coming in the vocational training sector.

At the MIC student meeting on Friday some students claimed the quality of teaching had been poor, but freely admitted most were simply doing the course in the hope of eventually applying for skilled migration.

The majority of the students were paying a total of $18,000 each to study for a two-year diploma in community welfare.

The Victorian Registration and Qualifications Authority had been closely monitoring MIC before the collapse, but it was not one of the 17 colleges being investigated under the VRQA's rapid audit of colleges announced in May.

ASIC records show that MIC had been in the hands of administrators since late 2007 after being investigated earlier that year over reported allegations that in return for a fee it was passing students who did not attend class.

In January last year, new management was brought in and creditors agreed to allow the company to work itself out of trouble under a deed of company arrangement. As recently as June 29, a creditors meeting was told the company had fulfilled its obligations.

Article from: The Australian - Andrew Trounson | July 20, 2009

International students changing education providers

Registered education providers assess requests from students for a transfer between registered providers prior to the student completing six months of his or her principal course of study in accordance with their documented procedures.
The ESOS Act and regulations set out the legal framework governing delivery of education to overseas students in Australia. There are obligations under the National Code of Practice for Providers of Education which are made under, and forms part of, the ESOS Act.

Providers, from whom the student is seeking to transfer, are responsible for assessing the students request for transfer within the restricted period. It is expected that the student's request will be granted where the transfer will not be to the detriment of the student.

After the first six months of the principal course no restrictions apply.
Students unhappy about the transfer practice should firstly try to resolve the matter with their education institution.

Contact us for more information:

Dinesh Weerakkody LLB; PDLP
Solicitor & Barrister (An Australian Legal Practitioner)
An Australian Migration Agent (0742843)

DLegal C/O Oates Rennick & Associates.
4 Burwood H’way Burwood, VIC 3125, Australia.
Mob + 61 425725570
Fax + 61 3 9808 2243
Email: info@dlegal.com.au; dweerakkody@hotmail.com

“Off-list” nominations for States sponsorship

“Off-list” nominations for States sponsorship

States and Territories are allowed (by DIAC) to give sponsorship for Subclass 176 and Subclass 886 applications for some occupations that are not on their occupation lists. These “off-list” nominations have strict guidelines which always need checking for updates.

Different states and territories have different ways of describing and dealing with these “off-list” applications.

Contact us for more information – info@dlegal.com.au / Mob 0425725570 (Dinesh Weerakkody)