Australian-trained Filipina nurse struggling to remain in Australia

[Silent Observer]

YOUNG Toongabbie mother Lizel Antonio fears she and her three-month-old baby will be forced to leave Australia.

http://www.blacktownsun.com.au/multimedia/images/large/622052.jpg

Mrs Antonio, her husband Michael both 30 and from the Philippines and their son Marx face an uncertain future.

She came to Australia seven years ago, graduated in nursing from the Australian Catholic University and works for MacKillop Aged Care.

But the Migration Review Tribunal has rejected the Antonios' application to stay in the country.

''I have a permanent job here, but what's the point of my studying seven years in Australia if they're going to send me back?'' Mrs Antonio said.

''If I go back to the Philippines I can't get a job straight away because everything there's in crisis.

''What's the future for my baby?''

Mr Antonio said his son, who was born in Australia, would have opportunities here that he could not find in the Philippines.

Mrs Antonio said she was refused permanent residency because she narrowly failed the Immigration Department's English proficiency test.

''But I was four months pregnant, suffering morning sickness and they wouldn't let me go to the toilet,'' she said.

''If I can't speak English, I couldn't have passed my university course; and how would they retain me in my job all this time?''

Their lawyer, Michael Vassili, is preparing an appeal for intervention to Immigration Minister Chris Evans.

Mr Vassili said that the Migration Review Tribunal had rejected their application on a technicality, specifically Mrs Antonio's English language test results.

''But Lizel has qualifications from the Philippines and the Australian Catholic University, presented and examined in English,'' he said.

He also said that Australia needed workers like Mrs Antonio.

''There's a shortage of skilled workers in midwifery and aged care,'' Mr Vassili said.

''Lizel holds such qualifications and they're second to none.

''The public interest is not served by sending her back to the Philippines.''

A spokesman for Senator Evans said all requests for ministerial intervention would be thoroughly assessed.


Story can be found here if interested:Blacktown Sun (http://www.blacktownsun.com.au/news/local/news/general/battle-to-remain-in-australia/1648687.aspx)

[Sheelagh Blanckenberg]

What a sad tale.

Would anyone like to speculate on the Minister excercising his discretion favourably in this matter?

[Robert K Chelliah]

Ministers decsion is usually based on " public interest" and not so much on "compassionate" grounds.

In my opinion it fiollows therefore:

1. Suport from MP/s (both side of politics)
2. Support from employer
3. letters of support from patience and colleagues on the quality of her service
4. lastly, compelling and compasionate grounds, including interest of Australian born child, including its life chances if returned to a state of uncertainty and poverty(inherently State has to accord safety and protection for Australian citizen even if it is a child).
Businesswoman Elizabeth Proust's report has made reccomendation that makes it more difficult to seek compassionate grounds. The Minister now under the reccomendations can delegate his MI powers to his senior officers while maintaining his overview. In other words Public interest (read national interest) is the main platform.

You need a good community worker or social worker, not a lawyer, to frame the advocating appeal. Points of law is minimal in such such cases .



Robert K Chelliah
rkc@austmigration.com.sg

[Sheelagh Blanckenberg]

My thoughts exactly Robert. Hopefully her lawyer has good experience with these matters and/or is getting assistance from a social or community worker with an in-depth understanding and familiarity with the issues. No stone should be left unturned in trying to sway the Minister into make a favourable determination. It's a tough case.

[Silent Observer]

On the flip side - would you be comfortable being nursed by someone whose English is suss? What would the outcome be to DIAC if they let her through and she stuffed up someone's medicine or didn't follow an instruction correctly through lack of English?

SO

[Robert K Chelliah]

Hi Silenant Observer, I would not be so harsh, not knowing what the exact result of her IELT test.. Did she commit a breach of her duties as a nurse or has she been a danger on account of her English langauge all these years on temporary visa in Australia. Is it an apprehended fear or fear based on found facts about this poor lady. Would someone who scores 7.5,7. 7. and 6.5 in the 4 components is deemed to be failed nurse, or danger to others in acountry which is made up of diverse langauge and cultures, many of them poor in english too. Does a score short of 0.5 in one of the 4 component really pose a difference to a nurse who scores 7 in each of the 4 subjects. Is this fillipina nurse any more danger than a local nurse who frequently comes to work with a alcholic hangover from previous night's binging. This requirement for exact or precision score in the IELTS tets in a single test, is flawed requirment. I have my serious doubts once can measure a persons skills releiably with the score of a 4 hours test in the English langauge. This lnaguage requirement testing need to be rexamined. It tantamounts to elements of unrealist expectaion.

Reverse the role. Imagine a Fillipina- Australian patience with poor langauge English unable to understand the Australian accented nurse? Is the fillipina-australian patient too not in danger.?

0.5 point in one componenent, if it is the case, does not make a person any underskilled.

Howmany highly skilled and comptetent experts have been unable to contribute to the Australian well being because of 0.5 point of an score.

rgds

Robert K Chelliah

[pio2]

On the flip side - would you be comfortable being nursed by someone whose English is suss? What would the outcome be to DIAC if they let her through and she stuffed up someone's medicine or didn't follow an instruction correctly through lack of English?

Being looked after by someone whose English ( as you put it!) is suss is not an unusual thing today. Where I Worked in the UK we often had nurses whose 2nd language was english.

ANyone can stuff up medication too!!! Thats a big What if? Im a UK nurse and what if I stuffed up on a medication cos I didnt understand the Aussie term???

Thin line, where do you draw it?

[Robert K Chelliah]

Helo pio2,

You are correct, inter-country variations in practice proceedures and work environmemnt can also be of concern in any life threatening work situtaions. Most work places of critical nature do have a check and balance system and a strict auditing of work procedures. No hospital will recruit a nurse whose English is zilch, but would forgive someone who may have strong accent or might not place the comma correctly. We do not have all the details of this lady's English standard to condemn her professionally outright.

My point is would a nurse who looses by a score of .5 in one of the 4 components, any worse off than a nurse from one of those musically tintalating accents from Yorkshire, Scottish or Bethnal Green who may "mispronounce" a critical word to the ocker doctor. "Today" and "To Die" sounds same in the Uk-ocker English.

Robert K Chelliah
rkc@austmigration.com.sg

[Sheelagh Blanckenberg]

I agree with both of you Robert and Jo. I think Silent Observer is a tad harsh although I do understand where he is coming from.

Even though I have lived in Australia for nearly 20 years I still sometimes have to ask for a word or sentance be repeated when someone with a strong Aussie accent talks quickly. And English is their first language as it is mine!

This poor Filipina nurse has been in Australia for 7 years - you'd think if she posed any threat to patients she would be unemployed! A good word from her employer should be all it takes to get this lady through. However, DIAC uses the IELTS as a universal yardstick in determing one's English capabilities no matter how flawed it has been shown to be on many levels. They stick with it because it makes their 'conveyor belt' processing easier.

It will be interesting to see what the Minister decides- let's hope he doesn't take 2 years to make up his mind as past Minister's have done!

[digger]

Silent Observer would seem to have taken little note of the University level studying here in Australia nor the IELTS examination circumstances claimed.
There are even overseas trained doctors practising who do have language difficulties and then even Australian trained doctors making errors that I know of personally - "simple stuff" like not picking up a leg fracture on an Xray that a well trained Radiographer's[overseas trained btw] eye had.
Radiographer fortunately spotted limpy limping away from the hospital and said "hello" what goes on here.

I myself, unmedically trained but knowing a bit have explained to a doctor how there was a misalignment of C3/C4 vertebrae, the doctor already having a written report from a radiologist but words were not enough!

The Minister intervened in the case of the German Doctor at Horsham was it, his son having Downs Syndrome.
It sounds like he should intervene immediately here.

[Sheelagh Blanckenberg]

Silent Observer would seem to have taken little note of the University level studying here in Australia nor the IELTS examination circumstances claimed.
There are even overseas trained doctors practising who do have language difficulties and then even Australian trained doctors making errors that I know of personally - "simple stuff" like not picking up a leg fracture on an Xray that a well trained Radiographer's[overseas trained btw] eye had.
Radiographer fortunately spotted limpy limping away from the hospital and said "hello" what goes on here.

I myself, unmedically trained but knowing a bit have explained to a doctor how there was a misalignment of C3/C4 vertebrae, the doctor already having a written report from a radiologist but words were not enough!

The Minister intervened in the case of the German Doctor at Horsham was it, his son having Downs Syndrome.
It sounds like he should intervene immediately here.



Well said Digger. I have not seen anymore about this poor Filipino nurse. Does anyone else have any news?