Amrit Versha CAmrit Versha C

Inclusions and Inclusions and ExclusionsExclusions

Family Settlement in a Family Settlement in a Changing Immigration Changing Immigration

EnvironmentEnvironment

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ObjectivesObjectives

► Create an awareness and understanding Create an awareness and understanding of the important elements of of the important elements of Australia’s migration program.Australia’s migration program.

► Raise awareness of the eligibilities Raise awareness of the eligibilities and ineligibilities of income and and ineligibilities of income and access associated with some of the Visa access associated with some of the Visa subclassessubclasses

► Create an understanding of how access Create an understanding of how access restrictions impact on the integration restrictions impact on the integration of children into the mainstream society of children into the mainstream society

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Tourist and Holiday Makers

Short Stay Business

Professional Development

The Migration Program has two main branches, Migrants and The Migration Program has two main branches, Migrants and Refugee’s. These can be further broken down into Temporary and Refugee’s. These can be further broken down into Temporary and

Permanent. Permanent.

Migrants Refugee

Temporary Program

PermanentProgram

Temporary Permanent

Economic

Student

Skilled Independent Regional

Temporary Business

Skilled

Spouse

Fiancé

Inter-dependence

Partner

Business Visa’s with significant capital

Skilled Independent

Australian Sponsored Link

Designated Area Sponsored

Skill Matching Database

Skilled

Aged Parents

Contributory Parents

Parent

Economic

Own Child

Adopted Child

Orphan Relative

Child

Aft

er

2

yrs

Refugee (200)

In Country SpecialHumanitarian (201)

Emergency Rescue (203)

Women At Risk (204)

Special Humanitarian Program (202)

Unaccompanied Minors

(covered by Guardianship Of

children Act)

Temporary Protection Visa

Asylum Seekers

Bridging Visas

Bridging Visas

Social and Cultural Stream

Other Compiled from www.immi.gov.au Fact sheets 20, 29, 33,36, 39,40,60,69

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Total Migration from 3 key Total Migration from 3 key categories categories

Migration Entrants 05-06

42,000, 30%

97,500, 70%

500, 0%

Family Stream

Skilled

SpecialEligibility

140 000 Total Migrants Accepted for 2005-06

DIMIA (2006) Population Flows: Immigration Aspects 2003 - 2004 Edition, p.30-31 and DIMIA (2006), Factsheet 20: Migration program planning levels

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Source Countries for Source Countries for Australian MigrationAustralian Migration

14.80%

14.10%

9.00%

7.60%

4.60%

3.70%

3.40%

2.50%2.40%

United Kingdom

New Zealand

China (excludes SARs andTaiwan Province )

India

Sudan

South Africa

Philippines

Singapore

Malaysia

UK has one of the largest

portion of over stayers

Migration Program Statistics www.immi.gov.au, 2007

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Key ComparisonsKey Comparisons

RefugeesRefugees

1.1. Total accepted 13 000 refugees per yearTotal accepted 13 000 refugees per year

2.2. In 2005-06 planning year 14,144 visas were issued In 2005-06 planning year 14,144 visas were issued

3.3. Source countries consist of:Source countries consist of:

1.1. SudanSudan

2.2. IraqIraq

3.3. AfghanistanAfghanistan

4.4. BurmaBurma

5.5. LiberiaLiberia

6.6. BurundiBurundi

7.7. Sierra LeoneSierra Leone

8.8. CongoCongo

In 2003/2004 there were only 82 boat arrivals

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Refugee Visas 2004/05Refugee Visas 2004/05

Total Total 1300813008

Refugee Refugee 5,5115,511

Women at risk Women at risk 841841

SHP SHP 6,5856,585

On shore humanitarian On shore humanitarian 1717

On shore refugees On shore refugees 895895

(source Refugee council of Australia (source Refugee council of Australia www.rcoa.org.au/statswww.rcoa.org.au/stats) )

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Off-shore refugee Off-shore refugee programprogram

► (a) Refugee category. Refugees are people outside their (a) Refugee category. Refugees are people outside their country of nationality, who are subject to persecution country of nationality, who are subject to persecution in their home country and have been identified in in their home country and have been identified in conjunction with the United Nations High Commissioner conjunction with the United Nations High Commissioner for Refugees (UNHCR) as in need of resettlementfor Refugees (UNHCR) as in need of resettlement

► (b) Special Humanitarian Program (SHP) category. (b) Special Humanitarian Program (SHP) category. SHP entrants are people outside their home country who SHP entrants are people outside their home country who

have suffered substantial discrimination amounting to have suffered substantial discrimination amounting to gross violation of their human rights and who have been gross violation of their human rights and who have been proposed by an Australian citizen, resident or community proposed by an Australian citizen, resident or community group in Australiagroup in Australia

► (c) Special Assistance category (SAC). This visa (c) Special Assistance category (SAC). This visa category was discontinued after the 2001-02 program category was discontinued after the 2001-02 program year. This category was for people who, while not year. This category was for people who, while not meeting the refugee or special humanitarian criteria, meeting the refugee or special humanitarian criteria, were nonetheless in situations of discrimination, were nonetheless in situations of discrimination, displacement or hardship. displacement or hardship.

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On shore refugee programOn shore refugee program

► Humanitarian category: This includes people Humanitarian category: This includes people granted permanent resident status on granted permanent resident status on humanitarian grounds or granted Temporary humanitarian grounds or granted Temporary Humanitarian Concern (subclass 786) visasHumanitarian Concern (subclass 786) visas

► Onshore Refugee category is further divided Onshore Refugee category is further divided intointo

Temporary Protection Visa (TPV) subclass 785Temporary Protection Visa (TPV) subclass 785

Permanent Protection Visa (PPV) subclass 866Permanent Protection Visa (PPV) subclass 866

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Settlement assistance Settlement assistance

►Refugees & proposers are Refugees & proposers are assisted through the IHSS assisted through the IHSS program which includesprogram which includesCase Coordination, Information and Referrals

On Arrival Reception and Assistance Accommodation Services Short Term Torture and Trauma Counseling Services

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Where is the child?Where is the child?

Child

ChildChild

Child

Child

Child

Eligibilities

Limited eligibilities No eligibilities

The general trend of migration & assistance through disintegrated

systems implies that their integration will be limited as it is not well controlled

Child

Child

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Some interesting Studies that look at Refugee Some interesting Studies that look at Refugee children children

A new Country and no place to A new Country and no place to call home: Hanover Welfare call home: Hanover Welfare services 2004 services 2004

Seeking Asylum alone: A study Seeking Asylum alone: A study of Australian Law Policy and of Australian Law Policy and Practice regarding Practice regarding unaccompanied and separated unaccompanied and separated children: MCrockchildren: MCrock

Faculty of Law Sydney Faculty of Law Sydney University 2006 University 2006

Asylum seekers and refugees in Asylum seekers and refugees in Australia: Issues of Mental Australia: Issues of Mental Health and Well being: S.Raman Health and Well being: S.Raman and S.Goldfeld 2003 and S.Goldfeld 2003

Scarred for life, but still alive. Children in conflict areas are often subject to physical harm. (Source: Burma Issues,

2003) 

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Convention on the rights of Convention on the rights of the childthe child

& the Story of a Tamil & the Story of a Tamil familyfamily

Article 2 1. States Parties shall respect and ensure the rights set forth in the present Convention to each

child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other

opinion, national, ethnic or social origin, property, disability, birth or other status.

2. States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed

opinions, or beliefs of the child's parents, legal guardians, or family members.

Article 3 1. In all actions concerning children, whether undertaken by public or private social welfare

institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.

2. States Parties undertake to ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians,

or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures.

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Human services workers: Bridge the gap between those who Human services workers: Bridge the gap between those who make decisions and those who have to suffer the effects of make decisions and those who have to suffer the effects of

those decisionsthose decisions

Listen to people don’t make assumptions and Listen to people don’t make assumptions and exclude them. exclude them.

If a person does not speak English or is not If a person does not speak English or is not eligible for a service then work a bit harder eligible for a service then work a bit harder to include them. to include them.

A few minutes of your extra work may change A few minutes of your extra work may change someone’s life. someone’s life.

Sometimes access also means goodwill, open-Sometimes access also means goodwill, open-mindedness and a way around funding mindedness and a way around funding guidelines. guidelines.

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Source of informationSource of information

► www.immi.gov.auwww.immi.gov.au ► www.rcoa.org.auwww.rcoa.org.au► DIMIA (2004) DIMIA (2004) Australia's Support for Australia's Support for Humanitarian EntrantsHumanitarian Entrants, p.2 1. DIMIA (2005), p.2 1. DIMIA (2005)

► Australian Institute of Family studiesAustralian Institute of Family studies

► Australian Treaty Series 1991 No 4: DEPARTMENT OF FOREIGN Australian Treaty Series 1991 No 4: DEPARTMENT OF FOREIGN

AFFAIRS AND TRADE CANBERRAAFFAIRS AND TRADE CANBERRA