900 hours, bogus documents and likely outcomes for students

[Robert K Chelliah]

Which course of action will DIAC take on the 900 hours bogus documents Glenn. Will it be s 501of the ACT or attempted fraud on the Commenwealth Governmen under the Penal Code.The former course of action involves deportation with rights to MRT appeal, the latter a costly judicial process of criminal charge. Which one would the clients most likely to prefer, given the the sterngth of the evidence against the visa holders.

Robert K Chelliah

[Glenn Pereira]

Hi Robert,

DPP is using the Crimes Act.

There is no doubt the documents are bogus.

Regards
Glenn

[Calvin]

Glen Can you please Elaborate... These Changes on the 23rd of Sept have left many clueless on what next.

[Glenn Pereira]

I think DIAC is working on a new on-shore policy. It is likely to come into force on 1st Jan 2010.

Permanent residence for on-shore GSM for Trade course will be abolished.

Students who apply for an on-shore GSM will have to work 18 months in the nominated occupation.

The Crimes Act will apply if any student or employer provides a bogus document to DIAC.

Likely sec 234 of the Migration Act will apply-10 years imprisonment.

Regards
Glenn

[Migration Help]

Thanks for the update Glenn and sharing this information. Interesting times ahead!!

[Migration Help]

Hi Robert,

DPP is using the Crimes Act.

There is no doubt the documents are bogus.

Regards
Glenn

DPP will go after the institutions and Education agents for sure. What is less obvious is what will happen to the students? Presumably most/all would have been complicit in all this? Would most have fled the country? Are any asking for legal assistance in Australia?

[Glenn Pereira]

DPP will go after the institutions and Education agents for sure. What is less obvious is what will happen to the students? Presumably most/all would have been complicit in all this? Would most have fled the country? Are any asking for legal assistance in Australia?

Are any asking for legal assistance in Australia?

I think some are approaching Senior lawyers to possibly cut a dela with the DPP to implicate the Provider and/or Agent.

Regards
Glenn Pereira

[Sheelagh Blanckenberg]

Thanks Glenn.

What would you advise a student to do if they find themselves in this situation?

[Glenn Pereira]

What would you advise a student to do if they find themselves in this situation?


Most of the students have been part of the fraud and they are better off leaving withotu criminal charges.

Other food for thought

-TRA is not a legal entity
-TRA is not an association or a body as required by law
-the assessment were done in the past on TRA letter head and is now done on DEEWr ltter head
-DEEWR is not gazetted as an assessment authority
-900 hours is not gazetted

Question :

Is 900 hours lawful ?

Regards
glenn Pereira

[Robert K Chelliah]

It than follows, Glenn, that all visa applications submitted with TRA assesment (mainly 60 points) does not meet Schedule 1 and two for numerous subclasses. Who has the willingness to take TRA refused visa application through the judical process and seek judicial confirmation of the lawfulness of TRA's authority.?
Will any of our lawyer-agent be prepared to underatke this issue and put it to rest for once. Even MIA or any of the other fledgling agent's bodies might wish to have a gfo at it.

Robert K Chelliah

[Sheelagh Blanckenberg]

For those Poms In Oz readers who have come this way due to Gollywobbler's recent posting in PiO - http://www.pomsinoz.com/forum/migration-issues/69397-new-changes-state-sponsored-migration-50.html - Glenn Pereira is an acknowledged expert on Australian visas for students. He is an active lobbyist to state and federal governments on the education/student sector and has made a number of submissions to various government bodies, think tanks and reviews.

In his spare time :) he runs the Culinary Institute (http://www.culinaryinstitute.vic.edu.au/index.asp), is a registered migration agent, holds a law degree and is an Advisor with the Australian Council for Private Education and Training (ACPET).

Thank you to Gollywobbler for the thoughtful posting in PiO.

While no tangible help can be given to those individuals who find themselves on the wrong end of the recent GSM changes these discussions do go some way towards explaining why the Australian government has acted the way it has.

[Glenn Pereira]

Thanks Sheelagh.


Robert,

Our firm did raise the validity of the 900 hrs and TRA authority at the Federal Court.

The case was settled.

Solicitors for TRA requested us to delete TRA as respondent as it was not a legal entity. The case was settled.

I understand that the letterhead from TRA to DEEWR was changed subsequently.

Regards
Glenn

[Glenn Pereira]

Here is my view

-the 457 was scammed. The recession gave the Govt. a reason to tighten the "457"

-On-shore student GSM was suppose to fill in shortages in the workplace. It has been scammed.

-Off-shore GSM has also been scammed in large numbers from India, Pakistan, Sri Lanka , Dubai. The off-shore does not meet the labour shortage requirement in Australia because of the time lag

-VET providers are traveling overseas and issuing VET certificates (trade-Cert III)

-MODL wil be changed depending on the submission on the MODL discussion paper

The 23 rd Sept announcement will give DIAC breathing space to fix the "mess" on on-shore, CSL & MODL.

Regards
Glenn

[Sheelagh Blanckenberg]

All very interesting Glenn.

Would you mind reposting the information you placed on PiO on this forum as well? I am sure it will be of great interest to a number of our readers as well.

Cheers
Sheelagh

[Calvin]

Next the ENS will get scammed

[Calvin]

Most of the Students have already filed their PR application and are on bridging visas. Even if there is a delay till 2012 they will still be here? also can the bridging visa be cancelled?

[Glenn Pereira]

CALVIN,

The PR application can be refused under sec 501 if the 900 hrs is bogus. DIAC may use sec 234 to enable to invoke 501. The bridging A visa will be cancelled.

Regards
Glenn Pereira

[Calvin]

Really Tough times ahead for students. I went past Flinders Street Station today & Found almost 15 Indian student handing out flyers for various migration agents still promising PR.

[Glenn Pereira]

I would like to have a look at a copy of the flyers.

Regards
Glenn Pereira