APPEAL TO THE MINISTER
On the 1st of July, Fairfields Lawyers intends to submit a formal appeal to the Minister of Immigration & Citizenship and Shadow Minister for Immigration & Citizenship and Productivity & Population requesting amendments to the Migration Regulations and an accompanying policy directive that accounts for our recommendations.
We have confirmed the legitimacy of our argument, and we will draw attention to the:
- Incompatibility of the current regulations with the overarching policy and goals of the federal migration program
- Inflexible and restrictive approach adopted by the Migration Review Tribunal in applying the regulations, which circumvents taking into account relevant and significant considerations
- The application of the regulations as they are currently interpreted leading towards an unfair and unreasonable result in light of the entirety of the situation (for certain classes of persons)
- The relevant interests of the Australian economy and small businesses as a valid consideration that requires due weight
- The lack of due process and ability to effectively present suitable grounds for review for review applications
We hope that these efforts will provide the means for the migration process to take into account the demonstrated value provided by skilled migrants by virtue of their particular skills qualifications, and the support it would lend to the Australian economy in addressing recruitment difficulties and sustained skill shortages in key industries. As an Australian law firm, we feel that it is our duty to recommend the most transparent, accountable and flexible process that allows due weight to be afforded to all relevant considerations in conformity with the goals and intentions of the Federal Migration Program, and contributes to the continuing development of Australia as a global economic force.
We believe that democracy entails the highest standard of justice, taking into account all circumstances of relevance without undue restriction. In light of Australia’s commitment to provide the highest standard of democracy to the people and all those who have a vested interest in the processes adopted by the Government, it is crucial that we have the most suitable, adaptable, appropriate and comprehensive process and procedures available.
Our business involves pioneering pathways to migration, taking into consideration the interests, aspirations and intentions of our clientele. We view the wider community of prospective migrants as a vital stakeholder of our activity, and regard it as our obligation to advocate of their behalf when the need arises. We have often undertaken to coordinate and lead efforts in working towards a fair, democratic and transparent migration process, and lobby relevant authorities, decision makers and advocates of reform in order to ensure the highest standard of procedural fairness and accountability.
Prior to submitting a formal request to the Minister for Immigration & Citizenship and Shadow Minister for Immigration & Citizenship and Productivity & Population (Australia), we held a preliminary press conference with notable ethnic media personnel, including community-centric TV Stations, Newspapers, and Radio Stations. It is a critical prerequisite to advance awareness of this issue and the social factors of interest to the Government, the Economy, the State and the Community.
Finally, we will put forward a formal request letter to the Minister encompassing all our recommendations and requesting a solution in line with the proposals we have put forward. This request will take note of all the legal, psychological, community and economic issues that are impacted by the ‘English Language’ regulations as they are currently interpreted and applied, and highlight the inconsistencies with the overarching policy goals of the Federal Migration Process.
Don Susantha Katugampala | Principal Lawyer (Barrister & Solicitor)
Sushendra Fernando | Associate
Yvonne Linton | Associate
Eshanya Weerawarne | Consultant
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