tag:theconversation.com,2011:/au/topics/visa-applications-6394/articlesVisa applications – The Conversation2024-02-02T10:59:15Ztag:theconversation.com,2011:article/2219982024-02-02T10:59:15Z2024-02-02T10:59:15ZSouth Africa needs to manage migrants better. That requires cleaning up the Department of Home Affairs<p>Legal grievances against the South African Department of Home Affairs, including contempt of court cases, are depressingly common. Too frequently the minister has to apologise to a court, or to ask for more time, on behalf of the department. Most of the court cases involve the operations of the department regarding visas and permits for foreign visitors, immigrants and prospective refugees.</p>
<p>Just a few months ago home affairs minister Aaron Motsoaledi said, <a href="https://www.dailymaverick.co.za/article/2023-06-15-minister-motsoaledi-apologises-to-south-africa-for-the-mess-created-by-his-department/">in legal papers</a>:</p>
<blockquote>
<p>I would like to take this opportunity to extend my sincere apology to the Chief Justice, all judges of the high court and Constitutional Court, the President of South Africa, Minister of Finance, Lawyers for Human Rights and its legal representatives and the people of South Africa for the mess created by officials of the Department of Home Affairs.</p>
</blockquote>
<p>This particular mess was triggered by the minister’s failure to amend an unconstitutional law which allowed for the detention of irregular migrants for 120 days. </p>
<p>The rotten state of the department is widely known. Two reports released in the last three years, commissioned by the minister and the presidency and led by senior and seasoned individuals, set out the problems in detail. One, released <a href="https://static.pmg.org.za/Review-Issuance_of_visas_permits.pdf">in 2022</a>, chronicled a backlog of visa, permit and status applications, evidence of fraudulent applications being first rejected, then accepted, and the system being used illegally. The other found multiple failures in the provision of visas to senior business managers and experts.</p>
<p>The issue of migration policy and its implementation has never been more pressing for South Africa. Immigration has grown relatively rapidly in the past 20 years. The proportion of migrants to local people more than doubled from a relatively low level of 2.1% in 2000 to a moderate level of 4.8% in 2020, according to a <a href="https://nsi.org.za/publications/analysis-trends-patterns-migration-africa/">study</a> drawing on UN data.</p>
<p>The global average immigrant population is around 3.5% but countries like the US (nearly 16% in 2019), Australia and New Zealand are much higher. Côte d'Ivoire is the only country on the continent with a considerably higher percentage of immigrants than South Africa.</p>
<p>Migration policy is likely to be a key issue in South Africa’s forthcoming elections. A <a href="https://www.businesslive.co.za/fm/features/2023-11-16-is-south-africa-heading-for-an-immigration-election/">leading journalist</a> has argued that 2024 will be an “immigration election”. Populist parties are expected to mobilise around people’s fears, while the government will continue to use immigration as an excuse for poor service delivery and joblessness.</p>
<p>The reality is that the impact of migrants on the circumstances of poor South Africans is marginal, and far less important than the very poor performance of the economy and many governmental institutions. </p>
<p>In a paper <a href="https://nsi.org.za/publications/south-africa-migration-study-nsi-report/">just published</a> I examine the recent history of immigration policy in South Africa. I argue that the challenges would best be addressed by improvement in the operations of the Department of Home Affairs. This should be accompanied by some modernisation of migration law to encourage the use of regular migration channels and discourage irregularity. </p>
<h2>The problems</h2>
<p>The <a href="https://static.pmg.org.za/Review-Issuance_of_visas_permits.pdf">first</a> of the two investigations initiated by the minister was headed by Cassius Lubisi, former secretary of the cabinet. The <a href="http://www.dha.gov.za/images/PDFs/Report-of-the-Work-Visa-Review-2023.pdf">second</a> was headed by anti-apartheid struggle stalwart Mavuso Msimang. </p>
<p>Their main findings were as follows.</p>
<p>Fraudulent documentation was used in 36,647 applications for visas, permits or status over a 16-year period. Of these, 880 were approved and 288 were pending. 4,160 of the fraudulent applications were first rejected, and then accepted after reconsideration.</p>
<p>Systems that had been replaced were still being used illegally from time to time. The outcomes of such activities were suspicious. In some cases applications were processed in zero days. The investigation found visa expiry dates issued beyond the legal limit.</p>
<p>The department’s databases for naturalisation and population registration didn’t correlate with each other.</p>
<p>The list identifying undesirable immigrants was “fatally flawed due to incomplete and missing crucial data”. </p>
<p>In some cases, files had been inserted illegally into the information system. This process would require “a highly skilled IT user with administrator rights to execute”. </p>
<p>There were multiple cases of “forum-shopping” by applicants. This is when an applicant applies for a range of unrelated permits in the hope that one of them will get through.</p>
<p>The department did not have systems that could identify multiple applications by the same person.</p>
<h2>Possible fixes</h2>
<p>The Department of Home Affairs <a href="https://www.gov.za/sites/default/files/gcis_document/202311/49690gon4061.pdf">recently issued</a> a draft white paper which it said was aimed at addressing the problems that had been identified.</p>
<p>It proposed severely curtailing the rights of prospective refugees, restricting paths to citizenship, and strengthening the Border Management Authority and supportive institutions. </p>
<p>But, based on my findings, it is clear that these changes won’t solve the problems. Experts <a href="https://www.guilford.com/books/The-Age-of-Migration/Haas-Castles-Miller/9781462542895">show</a> that tighter restrictions lead to greater illegality, not less migration.</p>
<p>The most disappointing element of the draft white paper is that it makes no reference to recommendations made in the two reports on the problems at the department. </p>
<p>Recommendations of the reports included:</p>
<ul>
<li><p>major investment in and reorganisation of information systems </p></li>
<li><p>the integration of the various population databases </p></li>
<li><p>further forensic investigations to root out corruption </p></li>
<li><p>hiring and training staff with skills and integrity.</p></li>
</ul>
<p>The draft white paper also does not mention the need to modernise the colonial-style bilateral labour agreements which South Africa maintains with five regional neighbours – Mozambique, Lesotho, Eswatini, Malawi and Botswana. These countries, and Zimbabwe, are the greatest source of regular and irregular migration.</p>
<p>These agreements are no longer fit for purpose. Firstly, they impose tight restrictions on the rights of contracted migrants from other countries. Secondly, they are based on patterns of migrant labour developed during the colonial period to support farming and mining. Thirdly, they’re written up on the basis of an unequal relationship between countries of the southern African region.</p>
<p>Modern bilateral labour agreements have been developed. An example <a href="https://www.ilo.org/wcmsp5/groups/public/---ed_protect/---protrav/---migrant/documents/publication/wcms_837529.pdf">is the Canadian system</a>. It provides for long term arrangements with full labour and social rights for the duration of the multiyear contract, but no right to permanent residence for the workers or their families. </p>
<p>Modern Canadian-style migrant labour agreements would encourage more migrants to choose regular migration routes and fewer would try to evade or abuse the law.</p>
<p>The draft white paper gives the impression that the challenge of migration policy can be solved with tighter laws on refugees and citizenship. In fact the fundamental problem is the corruption and inefficiency in the permits and visa section of the department, which the white paper hardly mentions.</p>
<p>The unfortunate conclusion that can be drawn from a reading of the draft white paper is that it was designed primarily to give the ruling party a narrative for the upcoming election, rather than to reform the migration governance regime.</p><img src="https://counter.theconversation.com/content/221998/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Alan Hirsch is employed as a research fellow at the New South Institute under whose auspices he researched and wrote this article.</span></em></p>Problems identified include a backlog of visa, permit and status applications, fraudulent applications being first rejected, then accepted, and the system being used illegally.Alan Hirsch, Research Fellow New South Institute, Emeritus Professor at The Nelson Mandela School of Public Governance, University of Cape TownLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1723612021-12-03T13:41:10Z2021-12-03T13:41:10ZChurches aren’t helping asylum seekers ‘game’ the immigration system<figure><img src="https://images.theconversation.com/files/434786/original/file-20211130-17-13xpgcp.jpg?ixlib=rb-1.1.0&rect=125%2C89%2C5865%2C3907&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><a class="source" href="https://www.shutterstock.com/image-photo/group-people-holding-hands-praying-worship-709782334">Rawpixel.com / Shutterstock</a></span></figcaption></figure><p>In November, <a href="https://www.bbc.com/news/uk-england-merseyside-59308938">Emad al Swealmeen</a> triggered a bomb outside the Liverpool Women’s Hospital. When it became known that Al Swealmeen was an asylum seeker who had converted to Christianity, it was reported that the <a href="https://www.thetimes.co.uk/article/terror-threat-level-raised-to-severe-after-liverpool-explosion-p8r6vcm20">Home Office</a> had accused churches of converting asylum seekers to Christianity in order to “game” the asylum system.</p>
<p>In my ongoing <a href="https://christianity-on-trial.com/">research</a>, I explore what counts as a credible conversion to Christianity in asylum processes in Germany and the UK. I have found that in reality, churches and clergy have a very limited role in the asylum process. Rather, it is the role of <a href="https://www.bbc.co.uk/news/stories-43555766">asylum decision-makers</a> (who work for authorities like the Home Office in the UK) to <a href="https://www.academia.edu/62825545/_What_is_truth_Negotiating_Christian_Convert_Asylum_Seekers_Credibility">assess</a> applications on the basis of conversion to Christianity.</p>
<p>I have analysed dozens of asylum decisions of converts to Christianity and case law and observed 32 appeal hearings. I have also conducted 38 formal interviews with judges, asylum applicants, lawyers, pastors and translators as well as many more informal conversations. </p>
<p>The UK and Germany are party to the 1951 Refugee Convention, which (among other things) grants protection to those who would face religious persecution if they returned to their country of origin. Many Muslim asylum seekers who have converted to Christianity would face religious persecution in their home countries. </p>
<p>Assessing an asylum claim based on conversion therefore involves determining what risks an applicant would face on the basis of their faith if they were sent back to their home country. To do this, caseworkers and judges must be convinced that the applicant’s conversion is genuine.</p>
<p>Authorities in a secular state need to assess what beliefs a genuine convert would need to hold, and what practices are essential for a “true Christian”. However, religious conversion is personal and can differ from one person to another. Given that asylum seekers often <a href="https://scholars.law.unlv.edu/cgi/viewcontent.cgi?article=1647&context=facpub">rely on their word alone</a> to prove their asylum claim, this is a challenging process. </p>
<p>While I have found that assessments can vary from one case to another, converts usually must be baptised and need to demonstrate that they know the “basics” about Christianity. These basics vary, but can include knowledge of Christian festivals, the Bible, prayers or the creed. Applicants may be asked to name a favourite Bible passage to show that the Bible means something to them personally. They must also be able to explain why they converted specifically to Christianity and what triggered their conversion. Importantly, they must show that it is important for their identity to live out their faith openly, for example by proselytising.</p>
<p>My <a href="https://www.academia.edu/62825545/_What_is_truth_Negotiating_Christian_Convert_Asylum_Seekers_Credibility">research</a> has shown that asylum decision-makers may be influenced by their <a href="https://www.youtube.com/watch?app=desktop&v=8p-rwzwwhvo&feature=youtu.be">culture</a> and socialisation in how they assess these narratives. For example, they may favour a rational and critical engagement with religion rather than supernatural or emotional reasons for conversion. They may also have a particular idea of what Christianity is and may expect answers more typical of liturgical traditions of Christianity, rather than free evangelical traditions.</p>
<h2>The church’s role</h2>
<p>Churches follow their moral mandate to welcome often destitute asylum seekers. Following the arrival of hundreds of thousands of refugees in Germany in 2015, many clergy reported in <a href="https://www.youtube.com/watch?app=desktop&v=8p-rwzwwhvo&feature=youtu.be">interviews</a> that they were surprised by the interest in Christianity. They described how they scrambled to find translators to help those interested in Christianity to understand the church services. </p>
<figure class="align-left ">
<img alt="Ornate pulpit in the cathedral alongside which is a large banner hanging from a column in the name of Jesus of Nazareth proclaiming church support for refugees" src="https://images.theconversation.com/files/435037/original/file-20211201-23-1k6o7an.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/435037/original/file-20211201-23-1k6o7an.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=900&fit=crop&dpr=1 600w, https://images.theconversation.com/files/435037/original/file-20211201-23-1k6o7an.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=900&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/435037/original/file-20211201-23-1k6o7an.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=900&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/435037/original/file-20211201-23-1k6o7an.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=1131&fit=crop&dpr=1 754w, https://images.theconversation.com/files/435037/original/file-20211201-23-1k6o7an.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=1131&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/435037/original/file-20211201-23-1k6o7an.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=1131&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">A sign at Worcester Cathedral proclaiming support for refugees.</span>
<span class="attribution"><a class="source" href="https://www.shutterstock.com/image-photo/winchester-england-june-ornate-pulpit-cathedral-1329812714">RogerMechan / Shutterstock</a></span>
</figcaption>
</figure>
<p>If asylum seekers ask for baptism, churches usually offer baptism training and courses about Christianity. Most pastors I interviewed were discerning about who they baptised, and often required a convert to be involved in their church for some time to test their commitment to Christianity. Sometimes a supposed “strategic” conversion turns into a genuine interest in Christianity over time. I observed a number of appeal hearings which happened many years after the initial asylum decision during which an applicant could demonstrate such a faith journey. </p>
<p>Pastors can write letters of support for an asylum application, or accompany a convert to their asylum hearings. However, the final decision regarding the credibility of an asylum seeker’s conversion lies with caseworkers or with judges in appeal hearings. </p>
<p>Determining the <a href="https://www.academia.edu/62825545/_What_is_truth_Negotiating_Christian_Convert_Asylum_Seekers_Credibility">credibility</a> of a conversion is an extremely difficult process, with potentially severe consequences for applicants if done wrong. For example, Iranians (who make up a <a href="https://www.bamf.de/SharedDocs/Anlagen/DE/Behoerde/Informationszentrum/Entscheiderbrief/2019/entscheiderbrief-10-2019.pdf?__blob=publicationFile&v=4">large portion</a> of conversion-based asylum applicants in Germany and the UK) are <a href="https://www.refworld.org/cases,GBR_UTIAC,5e53bc644.html">questioned</a> when they return to their country. They have to sign a document to renounce their conversion to Christianity. If they had previous problems with the Iranian security services, know someone who does, or have attended an underground church in Iran, they could still be persecuted by the state. </p>
<p>My research suggests that the assumption that churches baptise asylum seekers to help with their asylum process is largely false. Most churches are rigorous in discerning who is ready for baptism. Eventually, it is decision-makers of the state who must decide whether a conversion is genuine or not. They would do well to draw more on the expert evidence of clergy who know the asylum applicant and can comment on their religious life.</p><img src="https://counter.theconversation.com/content/172361/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Lena Rose receives funding from the Leverhulme Trust. </span></em></p>Pastors have a limited role in asylum processes of Christian converts.Lena Rose, Leverhulme Trust Early Career Fellow, University of OxfordLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1276182019-12-05T00:03:15Z2019-12-05T00:03:15ZThe government wants to privatise visa processing. Who will be held accountable when something goes wrong?<p>The Department of Home Affairs has begun taking steps to outsource its visa processing to private service providers. This move has sparked an <a href="https://www.smh.com.au/world/europe/don-t-do-what-the-uk-did-aussies-sound-warning-at-dutton-s-visa-plan-20191017-p531mz.html">important national debate</a> on transparency, accountability and profiteering in the immigration system. </p>
<p>The proposed changes will involve private service providers processing certain “<a href="https://immi.homeaffairs.gov.au/what-we-do/immigration-reform/questions-and-answers">low-risk</a>” visas, rather than department staff. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/most-migrants-on-bridging-visas-arent-scammers-theyre-well-within-their-rights-120989">Most migrants on bridging visas aren't 'scammers', they're well within their rights</a>
</strong>
</em>
</p>
<hr>
<p>Home Affairs claims privatisation will improve efficiency and reduce costs. But it also comes with major risks, some we’ve seen already play out in the privatisation of immigration control through commercialised immigration detention, such as on Christmas Island. </p>
<p>These risks include corruption, consumer protection issues and damage to the overall integrity the visa system. </p>
<h2>Why privatise in the first place?</h2>
<p>Today, migration is <a href="https://books.google.ca/books?hl=en&lr=&id=mNmI1cgApboC&oi=fnd&pg=PP2&dq=The+Migration+Industry+and+the+Commercialization+of+International+Migration&ots=lEn46iU5L5&sig=J8RXIHHgy-gDpi0dfvrVSULFw7g#v=onepage&q=The%20Migration%20Industry%20and%20the%20Commercialization%20of%20International%20Migration&f=false">big business</a> around the world, with private corporations, contracted by governments, increasingly organising and managing migration across different stages.</p>
<p>The <a href="https://www.aicgs.org/publication/a-tale-of-two-countries/">US and Germany</a>, for instance, privatise various functions, including administering visa applications, guarding borders, and organising transport and detention.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/politics-podcast-peter-dutton-on-balancing-interests-in-home-affairs-92441">Politics podcast: Peter Dutton on balancing interests in home affairs</a>
</strong>
</em>
</p>
<hr>
<p>Australia first attempted <a href="https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=10&ved=2ahUKEwjHupSNgIbmAhUxm-AKHdY6C_8QFjAJegQIBBAC&url=https%3A%2F%2Fwww.aph.gov.au%2F%7E%2Fmedia%2Fwopapub%2Fhouse%2Fcommittee%2Fmig%2Fdetention%2Freport3%2Fchapter3_pdf.ashx&usg=AOvVaw2hbJ4aVbwlTWZ9nzs65pmg">to privatise</a> immigration detention centres in 1996 as part of budget discussions, following an international trend towards arm’s-length management of public services. It was seen as a way to boost efficiency in detention services. </p>
<p>Much of the argument for visa privatisation today is based on <a href="https://immi.homeaffairs.gov.au/what-we-do/immigration-reform/consultation/policy-consultation-paper">similar claims</a> of cost savings and efficiency. </p>
<p>In theory, this model promises greater accountability based on clear economic incentives. If performance falls below agreed standards, private firms risk losing their contracts. </p>
<p>But not only is accountability rarely enforced, several mitigating factors enable under performing companies to remain in business. </p>
<h2>Preferential treatment</h2>
<p>Close ties between private contractors and government decision makers have kept several detention contractors in business globally. This continues even after <a href="https://www.globaldetentionproject.org/wp-content/uploads/2016/06/GDP_PrivatizationPaper_Final5.pdf">reported under-performance</a> and <a href="https://www.politicsweb.co.za/news-and-analysis/home-affairs-contract-with-bosasa-should-be-cancel">human rights breaches</a>. </p>
<p>What’s more, Home Affairs has already come under scrutiny for <a href="https://www.theguardian.com/australia-news/2018/feb/27/visa-processing-tender-turnbull-friend-labor-privatisation-pacific-blue-capital">preferential treatment</a> in considering the company <a href="https://www.michaelwest.com.au/scomos-mates-mate-and-the-billion-dollar-privatisation-of-australias-visa-system/">Australian Visa Processing Consortium (AVP)</a> as a potential contractor. </p>
<p>It’s also not clear what measures of oversight and surveillance will be applied to the private corporations. Home Affairs claims visa decision-making will still be centrally controlled, but so far the information released has been scarce. </p>
<p>For an estimated <a href="https://www.canberratimes.com.au/story/6468932/the-1-billion-visa-question/">A$1 billion of investment</a> into this visa privatisation project, it’s important the government makes this clear. </p>
<h2>Big business risks corruption</h2>
<p>So who will be accountable if something goes wrong? </p>
<p>In the case of immigration detention centres, privatisation has <a href="https://www.opendemocracy.net/en/shine-a-light/lessons-from-australia-talking-about-privatised-immigration-detention/">meant</a> blame is too often shifted between the government and the private contractors.</p>
<p>And the Migration Institute of Australia has pointed to the <a href="https://www.michaelwest.com.au/experts-reject-privatisation-of-australias-visa-system-except-two-experts/">possible misuse</a> of a commercialised visa platform – private entities seek to generate multiple revenue streams through add-on and “premium” services, such as accommodation, transportation and deportation. </p>
<p><div data-react-class="Tweet" data-react-props="{"tweetId":"1183540475610849280"}"></div></p>
<p>This, too, <a href="https://www.serco.com/media-and-news/2019/extension-to-australian-immigration-services-contract">has happened</a> with Australia’s commercialised immigration detention centres. </p>
<p>And when these services are run in the interests of profit, rather than border governance – dubbed the “<a href="https://www.huffpost.com/entry/what-is-the-immigration-industrial-complex_b_5953b8cae4b0c85b96c65e2c">immigration-industrial complex”</a>“ – corrupt tactics can be used to benefit the providers’ bottom line. </p>
<p>One example of this is the deliberate <a href="https://www.opendemocracy.net/en/shine-a-light/lessons-from-australia-talking-about-privatised-immigration-detention/">slowing down of asylum processing</a>, keeping immigration detention centres fuller for longer. </p>
<p>A privatised visa regime would similarly be more susceptible to corruption risks. </p>
<h2>Regulating private companies isn’t easy</h2>
<p>While close regulation and monitoring might seem like an easy way to keep these risks at bay, effective regulation is not that simple. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/politics-podcast-peter-dutton-on-balancing-interests-in-home-affairs-92441">Politics podcast: Peter Dutton on balancing interests in home affairs</a>
</strong>
</em>
</p>
<hr>
<p>Private entities in immigration are <a href="https://books.google.ca/books?hl=en&lr=&id=mNmI1cgApboC&oi=fnd&pg=PP2&dq=The+Migration+Industry+and+the+Commercialization+of+International+Migration&ots=lEn46iU5L5&sig=J8RXIHHgy-gDpi0dfvrVSULFw7g#v=onepage&q=The%20Migration%20Industry%20and%20the%20Commercialization%20of%20International%20Migration&f=false">not just "economic actors”</a>, but become critical players in agenda setting, negotiation, and enforcement.</p>
<p>This means networks and alliances of giant multinational corporations, such as the Australian Visa Processing Consortium, can influence regulatory frameworks through lobbying, providing technical expertise and consulting on policy. </p>
<p>Such a consolidation of companies monopolises the market and eliminates competition. This in turn makes governments overly dependent on private services. </p>
<p>What’s more, the corporate interests of private companies is to protect and expand their business. </p>
<p>For instance, companies involved in the goverment’s visa modernisation bid include <a href="https://www.michaelwest.com.au/oracle-and-accenture-big-tax-dodgers-queued-for-visa-privatisation-prize/">Accenture and Oracle</a>. Both have allegedly been involved in tax evasion activities globally. Yet, they continue to secure government contracts worth millions, because of the continued reliance on their services. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/labors-crackdown-on-temporary-visa-requirements-wont-much-help-australian-workers-115844">Labor's crackdown on temporary visa requirements won't much help Australian workers</a>
</strong>
</em>
</p>
<hr>
<p>Such contracts also include “<a href="https://www.macrobusiness.com.au/2019/09/expert-coalitions-visa-privatisation-carries-immense-risks/">commercial-in-confidence”</a>“ arrangements that conceal information on how taxpayer money is spent, the actual value for money to the public, and whether there are adequate protections against conflicts of interest.</p>
<p>The government also hasn’t been clear about the extent to which the privatisation partnership will be scrutinised under <a href="https://www.themandarin.com.au/99686-privatising-visa-processing-the-alarm-bells-are-ringing/">consumer protection provisions</a> or government agencies such as the Ombudsman. </p>
<p>While various stakeholders have been involved in the <a href="https://immi.homeaffairs.gov.au/what-we-do/immigration-reform/submissions">privatisation consultation process</a>, little attention has been paid to more rigorous governmental inquiry. This would involve, for instance, recommendations from the Productivity Commission or the Australian National Audit Office.</p>
<p>For so much <a href="https://www.theguardian.com/australia-news/2018/feb/27/visa-processing-tender-turnbull-friend-labor-privatisation-pacific-blue-capital">investment</a>, Home Affairs must provide sufficient information to the Australian public on their visa modernisation project, and address the many questions around risk mitigation.</p><img src="https://counter.theconversation.com/content/127618/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Shanthi Robertson receives funding from the Australian Research Council (ARC). </span></em></p><p class="fine-print"><em><span>Marina Khan does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>When visa services are run in the interests of profit rather than border governance, corrupt tactics can be used to benefit the providers’ bottom line.Marina Khan, PhD Candidate, Western Sydney UniversityShanthi Robertson, Senior Research Fellow, Institute for Culture and Society, Western Sydney UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/320442014-09-24T01:53:56Z2014-09-24T01:53:56ZSenate set to decide if family visas will go only to the rich<figure><img src="https://images.theconversation.com/files/59828/original/93qg3374-1411519413.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Federal government plans to axe several types of family visas could mean that for some, being able to reunite their families in Australia could become a thing of the past.</span> <span class="attribution"><a class="source" href="http://upload.wikimedia.org/wikipedia/commons/3/33/Poston%2C_Arizona._Arrival_of_evacuees_of_Japanese_ancestry_at_this_War_Relocation_Authority_center._._._._-_NARA_-_536302.tif">Clark Fred/Wikimedia Commons</a></span></figcaption></figure><p>This afternoon, the Australian Senate will be asked to vote on <a href="http://parlinfo.aph.gov.au/parlInfo/download/chamber/orderofbusiness/2014924_SR55/upload_pdf/Wednesday,%2024%20September%202014.pdf;fileType=application/pdf">a Greens disallowance motion</a>, which seeks to stop the Abbott government <a href="http://www.comlaw.gov.au/Details/F2014L00622">repealing several types of family visas</a>. These include: the Parent Visa (non-contributory); Aged Parent Visa; Aged Dependent Relative Visa; Remaining Relative Visa; and the Carer Visa.</p>
<p>These visas allow Australian permanent residents or citizens to sponsor their parents and dependent relatives to come to Australia or, in the case of a carer visa, to sponsor a relative to care for them if they have a long-term or permanent medical condition.</p>
<p>The government <a href="http://www.comlaw.gov.au/Details/F2014L00622/Explanatory%20Statement/Text">has justified the repeal</a> of these visas sub-classes as necessary to focus the Family Migration Program on the entry of “partners, children and those parents who are able contribute financially to the cost of their migration and settlement”.</p>
<p>It has left open for application the contributory parent visa, amongst others, which requires applicants to pay a significantly higher visa application charge and assurance of support or bond. An application for a contributory parent visa can cost anywhere up to A$47,000 per applicant. This is significantly higher than the cost of non-contributory parent visas.</p>
<p>As University of Sydney law experts Mary Crock and Kate Bones have warned, the changes would make family reunions a <a href="http://www.smh.com.au/comment/coalitions-new-visa-laws-make-family-reunion-a-preserve-of-the-rich-20140611-zs3wd.html">“preserve of the rich”.</a></p>
<p>The move forms part of the government’s <a href="http://www.comlaw.gov.au/Details/F2014L00622/Explanatory%20Statement/Text">broader objective</a> to “ensure that skilled people comprise at least two-thirds of the Migration Program”. According to the regulation’s explanatory memorandum, “skilled migrants have the lowest rate of unemployment and strongest English skills – keys drivers of successful labour market participation and integration into society”. </p>
<figure class="align-right zoomable">
<a href="https://images.theconversation.com/files/59829/original/wcrpy2d8-1411519667.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/59829/original/wcrpy2d8-1411519667.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/59829/original/wcrpy2d8-1411519667.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=900&fit=crop&dpr=1 600w, https://images.theconversation.com/files/59829/original/wcrpy2d8-1411519667.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=900&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/59829/original/wcrpy2d8-1411519667.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=900&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/59829/original/wcrpy2d8-1411519667.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=1131&fit=crop&dpr=1 754w, https://images.theconversation.com/files/59829/original/wcrpy2d8-1411519667.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=1131&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/59829/original/wcrpy2d8-1411519667.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=1131&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">Immigration Minister Scott Morrison.</span>
<span class="attribution"><span class="source">Stefan Postles/AAP</span></span>
</figcaption>
</figure>
<p>Immigration Minister <a href="http://www.minister.immi.gov.au/media/sm/2013/sm208937.htm">Scott Morrison’s message</a> is clear: “immigration is an economic policy, it is not welfare policy”.</p>
<p>There is no doubt that, in the short term, the repeal of these visas will lighten the Department of Immigration’s workload and result in additional revenue from forcing applicants to apply for more expensive visas. </p>
<p>However, even apart from lacking compassion for families, this is a short-sighted approach to immigration policy. It ignores the significant, but indirect, contribution that carers and parents make to the Australian economy. In the long run, the repeal of these visas is likely to result in a net loss for Australia.</p>
<h2>Unpaid but invaluable family care</h2>
<p>Consider, for example, the role that parents can play in reducing the opportunity cost of childcare to Australian families. </p>
<p>The National Centre for Social and Economic Modelling and AMP recently reported that the <a href="http://www.news.com.au/lifestyle/parenting/childcare-affordability-report-some-mums-return-to-work-for-344-an-hour/story-fnet085v-1226962488365">cost of childcare has outstripped petrol prices in the last five years</a>. For some families, the cost of childcare is so great that it makes little economic sense for parents re-enter the workforce.</p>
<p>Grandparents relieve the burden of rising childcare costs, allowing parents to work more often and contribute to the economy. Without familial support, Australian citizens will rely heavily on government subsidies to meet these rising costs.</p>
<p>Australia has a rapidly ageing economy in which more people will require assistance. There is scant justification for denying Australian permanent residents or citizens access to a relative who can provide them with much-needed support.</p>
<p>The carer visa is available only when an Australian with a long-term or permanent medical condition cannot obtain that help from hospital and community services or other relatives in Australia. That is, the visa is granted only where there is a genuine need for assistance.</p>
<h2>Attracting and keeping skilled workers</h2>
<p>Ironically, the loss of these visas may also reduce Australia’s ability to compete with other economies to attract the best skilled migrants. </p>
<p>Family remains a fundamental unit of society and many skilled migrants will want to bring their families to Australia at some point. Imposing further barriers to family reunification may deter prospective skilled migrants, who may consider taking their skills elsewhere.</p>
<p>Alternatively, those who are already in Australia and who cannot afford the high visa fees may decide go offshore to look after their elderly parents. The result is an outflow of skilled labour from Australia for potentially long periods of time.</p>
<p>The repeal of these family visas will also have a disproportionate effect on refugees, especially if other measures proposed by the government fall into the place. The <a href="http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5303">Migration Amendment (Protection and Other Measures) Bill 2014 (Cth)</a> – currently before the Senate – proposes amendments to the Migration Regulations that would limit the ability for family members of a person who has been granted a protection visa to apply for a protection visa.</p>
<p>The government suggests that family reunification should occur only through the Family Migration Program. Yet, at the same time, it is seeking to limit the number of visas available and put the cost of obtaining such visas beyond the reach of newly arrived refugees.</p>
<p>It is also worth noting these <a href="https://www.immi.gov.au/media/statistics/statistical-info/visa-grants/migrant.htm">family visas form a relatively small proportion</a> of Australia’s migration program. The planning level for the financial year 2014-2015 for the Other Family visas is 500, and only <a href="https://www.immi.gov.au/migrants/family/parent-visa-processing-priorities.htm">1500 places had been allocated for non-contributory parent visas</a> prior to the repeal. That means that from a total migration program of 190,000, the visas being repealed represent just 2,000 – or around 1%.</p>
<p>The question for the Senate will be: do the short-term benefits of repealing these visas outweigh the long-term social and economic losses?</p>
<p>The answer is clearly “no” – so today’s disallowance motion should be supported.</p><img src="https://counter.theconversation.com/content/32044/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Khanh Hoang does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>This afternoon, the Australian Senate will be asked to vote on a Greens disallowance motion, which seeks to stop the Abbott government repealing several types of family visas. These include: the Parent…Khanh Hoang, Associate Lecturer, ANU College of Law - Migration Law Program, Australian National UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/308362014-08-22T14:49:47Z2014-08-22T14:49:47Z‘Family-first’ government tears couples apart with visa rules<figure><img src="https://images.theconversation.com/files/57172/original/tgjqvrj5-1408705503.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">David Cameron puts families first. As long as they've got money in the bank.</span> <span class="attribution"><a class="source" href="https://www.flickr.com/photos/migrants-rights-network/12586967603/in/photolist-kbguWP-kbfX7t-kbibJd-kbfW8p-kbid1w-kbibas-kbfX5e-kbfWEX-kbiaVQ-kbicsY-kbfX3k-kbfXzc-kbfXoR-kbfXGr-kbibyJ-kbibio-kbicaJ-kbick3-f9XSaH-kbfW9M-kbidNo-kbidtA-kbibG9-kbibUo-kbgvSg-kbgu7H-kbguQg-kbgt2g-kbfVKk-fad281-f9XSvr-fad4M9-fad2Bb-fad5wy-f9XTsx-f9XPSn-f9XL4a-f9XTdc-f9XLfx-f9XPFc-f9XTWx-f9XLXv-fad8Sb-f9XNyM-fad71f-f9XTzp-fad8MU-fad4GW-f9XV5X-fad7jG">MIgrants' rights network</a>, <a class="license" href="http://creativecommons.org/licenses/by-nc/4.0/">CC BY-NC</a></span></figcaption></figure><p>David Cameron has pledged to put <a href="http://www.bbc.co.uk/news/uk-politics-28831242">families at the heart</a> of his government with a focus on policies that help those most in need. But his rhetoric is rank hypocrisy. While the prime minister claims to put family above all else, his government continues to push visa policies that do just the opposite.</p>
<p>In pushing so-called traditional family values, Cameron is attempting to stop the party’s core vote from defecting to UKIP. The family is a key battleground for parties of all stripes but the Tories have long seen it as their particular forte. But in reality it isn’t. And a demonstration taking place this weekend, backed by the campaign group <a href="http://www.meetup.com/BritCits/">BritCits</a> is aimed at telling them just that.</p>
<h2>What’s in your wallet?</h2>
<p>New immigration rules were introduced in the UK in 2012 restricting the rights of citizens who wanted to bring their foreign spouses to live with them.</p>
<p>The revamped <a href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/336952/Immigration_Rules_-_Appendix_FM.pdf">rules</a> hit low-to-middle-income families particularly hard. Stringent financial criteria were introduced for people wanting a visa. If a British citizen has a disposable annual income below £18,600 (with a rapid increase for each dependent child – £3,800 for the first and £2,400 for each child thereafter) they are prevented from bringing their spouse into the country.</p>
<p>The financial situation of the partner and whatever potential earnings they might bring to the marriage are irrelevant; the British citizen alone must bear the burden of this arbitrary threshold. </p>
<p>The result of these harsher rules has been that the horribly-titled “sponsor” (husband or wife, in real terms) often has to choose between home and family. If they don’t make the financial grade, they either have to live apart from their spouse or leave the UK to be with them.</p>
<p>At the same time, an EU national can enter and stay in the UK and bring their partner under an <a href="https://www.gov.uk/family-permit">European Economic Area family permit</a>. As they would be exercising their treaty rights, it would be all but impossible to refuse their residence as a restriction on free movement. A Pole, then, married to a Costa Rican would be free to settle their family in the UK without fear of meeting this earning threshold.</p>
<p>Perversely, this situation cuts both ways, meaning that a British citizen could take their partner and move to, for example, Spain – while they cannot live with their loved one in their country of birth. The UK position punishes Britons for being British and wanting to live and make a family in Britain.</p>
<h2>Absurd loophole</h2>
<p>As a result of these EU rights, though, there emerges a convoluted backdoor entry system that UK citizens can use to bring their spouses into the country. This is known as the <a href="http://www.freemovement.org.uk/surinder-singh-immigration-route/">Surinder Singh</a> route, after a successful appellant in the European Court of Justice. In short, if a UK citizen were to leave the UK and work in another European country for at least three months, they would be eligible to be considered under EU law rather than British law on their return.</p>
<p>The absurdity of this loophole means that a Brit with a job that pays below the current £18,600 threshold might be allowed to bring their partner to live with them if they give up their job to work abroad despite there being no guarantee of finding any work at all on their return.</p>
<p>Pushing couples into this position even invites the ridiculous circumstances whereby someone with dual nationality with another EU country, such as British and Irish, has to give up their British nationality to be able to have a family in their own country. These are rules that the <a href="http://www.bbc.co.uk/news/uk-23198144">High Court</a> has labelled “onerous”, “unjustified” and “disproportionate” but, sadly, legal.</p>
<h2>What makes a good immigrant?</h2>
<p>The UK government’s crackdown on visas for foreign spouses can be attributed to its populist attempt to be seen as tough on immigration, in particular by restricting numbers from outside the EU. The rationale is that the rules will supposedly ensure better immigrant integration, but quite how making the process so financially burdensome provides any measure of such suitability is not apparently obvious.</p>
<p>When it comes to immigration, there are surely few people who would be better integrated into British culture than those who are married to (and, perhaps, parents of) British citizens. These are people who have a commitment to Britain, will likely speak the language at home, appreciate the history, want to stay in the country in the long term and, in so doing, may well bring valuable skills with them.</p>
<p>In many ways, the husband or wife of a Brit is the perfect kind of immigrant. It seems strange to think that the foreign national’s integration would somehow be improved by their being kept out of the country while the British partner tries to get enough money together.</p>
<p>In the Conservatives’ zeal to be seen as proactive in managing immigration, they are actually hurting British citizens. They are actively undermining British family values with an immigration system that decries the sanctity of marriage that Cameron has previously been so keen to promote. If a British citizen has to appeal to Europe to be allowed to exercise the right to family, the ability of the government to claim itself as family-friendly is clearly undermined.</p><img src="https://counter.theconversation.com/content/30836/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Daniel Newman does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>David Cameron has pledged to put families at the heart of his government with a focus on policies that help those most in need. But his rhetoric is rank hypocrisy. While the prime minister claims to put…Daniel Newman, RA, Sustainable Places Research Institute, Cardiff UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/231082014-02-18T06:09:22Z2014-02-18T06:09:22ZNot all English tests for foreign students are fraudulent<figure><img src="https://images.theconversation.com/files/41701/original/qtz7y39s-1392638978.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Must improve. </span> <span class="attribution"><span class="source">CookieM</span></span></figcaption></figure><p>Revelations of fraudulent practices allowing bogus students to obtain visas to study in the UK have been received with shock and disbelief by English language teachers.</p>
<p>An <a href="http://www.bbc.co.uk/news/uk-26024375">investigation by BBC’s Panorama</a> focused on the sale of fake examination certificates and bank statements to enable students to gain visas to study in the UK. The students then only had to put in an occasional appearance at their college while simultaneously holding down a job.</p>
<p>As an academic working in English Language testing, I was stunned by what I watched on Panorama. It was hardly credible that an invigilator could actually stand in an examination room and read out the answers to a multiple-choice test paper. Equally mind-boggling was the sight of examination candidates making room for surrogate candidates to take their place and complete their exam for them.</p>
<p>The test in question was the <a href="http://www.ets.org/toeic">Test of English for International Communication</a> (TOEIC). But this is not the most commonly used test to generate a <a href="http://www.ukba.homeoffice.gov.uk/visas-immigration/studying/adult-students/can-you-apply/cas/">Confirmation of Acceptance for Studies</a> (CAS), a pre-requisite for people applying for a student visa for the UK.</p>
<h2>Stringent anti-fraud measures</h2>
<p>There is now a growing fear of the reputational damage the Panorama investigation could have on all English language tests among teachers. </p>
<p>The University of Surrey, like many other higher education institutions, is a centre for the <a href="https://www.ielts.org/default.aspx">International English Language Testing System</a> (IELTS). This system is jointly owned by the British Council, IDP:IELTS Australia, a subsidiary of education company IDP, and the University of Cambridge English Language Assessment. It is one of the most commonly used tests of English for entry to degree programmes in the UK, with more than 2m people taking the IELTS test in 2013. </p>
<p>Over the years, IELTS has introduced a series of security measures aimed at detecting the increasingly ingenious attempts of unscrupulous test-takers to cheat the system. Since 2012, biometric measures have been implemented to assist in combating imposters. These include finger scans and a high-resolution photograph of the candidate that appears on their certificate. </p>
<p>IELTS test centre staff are also trained in impostor detection and fraudulent document recognition. The authenticity of certificates can also be verified online by all recognising organisations that accept IELTS scores.</p>
<p>Examiners, invigilators and administrators at Surrey’s IELTS centre are now concerned that the international reputation of IELTS could suffer as a result of the negative publicity for English language tests. This seems intensely unfair. There are more than 900 locations worldwide, including Surrey, where IELTS is administered and the same high standards of security are demanded in each one.</p>
<h2>Value of international students</h2>
<p>Many sectors of the population worry about immigration and probably many of their concerns are justified. As usual, it is the law-abiding, <em>bona fide</em> majority who often suffer as a result of the misdemeanours of the minority. In the current case, this minority is a group of opportunistic, profiteering businessmen with extremely dubious notions of ethics, intent on making money out of bogus students.</p>
<p>It is no surprise that the home secretary, Theresa May, <a href="http://www.dailymail.co.uk/news/article-2555459/Theresa-Mays-grave-fears-student-visas-Huge-fraud-revealed-lets-200-000.html">wholeheartedly condemned the fraud</a>. The investigation made a mockery of the stringent security measures the government has been applying in an attempt to win voters’ support on the immigration question. And there are some serious implications which go the heart of the higher education sector.</p>
<p>Statistics recently released by the Higher Education Statistics Agency put the <a href="http://www.hesa.ac.uk/content/view/1897/239/">number of international students</a> in UK higher education at 425,265 in 2012-13. These students are highly valued members of our universities – not only for their financial contribution.</p>
<p><a href="http://www.universitiesuk.ac.uk/highereducation/Documents/2013/UKandChina.pdf">Universities UK estimates</a> these students bring in £10.2 billion a year, projected to increase to £17 billion by 2025. But they also make an important contribution to the educational environment in terms of their linguistic and cultural heritage. They create an enriching multicultural experience for all UK students, and bring fresh expertise to our research communities. </p>
<p>They can facilitate links for our UK graduates as they enter the competitive global marketplace. And after graduation, international students retain strong, positive links with the UK. In a 2013 research paper setting out the wider benefits of higher education, the UK government said this “<a href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/240407/bis-13-1172-the-wider-benefits-of-international-higher-education-in-the-uk.pdf">growing ‘army’ of alumni</a>” are going on to act as informal ambassadors for “brand UK”. </p>
<p>The ties forged through the emotional bond created by these students while they are in the UK can have important implications for future social, economic and political collaborations.</p>
<p>So, although government authorities, educationalists and the general public are right to be alarmed by the fraud exposed by Panorama, the vast majority of <em>bona fide</em> international students and English language test providers should not be forgotten. Their contribution to the social and economic fabric of the UK should remain valued.</p><img src="https://counter.theconversation.com/content/23108/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Sarah Michelotti works for the University of Surrey which is an official IELTS Test Centre. IELTS is jointly owned by The British Council, IDP: IELTS Australia and University of Cambridge English Language Assessment. </span></em></p>Revelations of fraudulent practices allowing bogus students to obtain visas to study in the UK have been received with shock and disbelief by English language teachers. An investigation by BBC’s Panorama…Sarah Michelotti, Senior tutor, School of English and Languages, University of SurreyLicensed as Creative Commons – attribution, no derivatives.