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