Permanent residency visa denied after an anonymous caller tips off immigration authorities

Immigration authorities have denied an Indian citizen a permanent residency visa after receiving a tip-off that the applicant had not lived in the regional area.

Mr Singh* arrived in Australia in 2007 on a student visa and in 2012 was granted a 487 visa which provides a pathway to permanent residency after living in a Specified Regional Area in Australia for at least two years and working full time for one year.

In July 2015, Mr Singh applied for an 887 permanent residency visa but a delegate of the then-titled Minister for Immigration and Border Protection refused to grant him the visa stating they were not satisfied Mr Singh had lived at two addresses in Wodonga between February 2013 to 2015, as he had claimed.

Mr Singh had provided immigration authorities with documentary evidence which included utility bills, mobile phone bills, taxation records, employment and superannuation records, rent agreement and bank statements spanning two years across two properties he claimed to have lived at.

But an anonymous informant told the department that Mr Singh was living and working illegally in Melbourne.

The department learnt through the anonymous informant that Mr Singh was not working for the nominating employer in the regional area and had in fact paid money to the employer in exchange for not notifying the immigration officials.

The department also learnt Mr Singh had taken a lease in the regional area but was living in Melbourne and worked night shifts as a security guard for cash.

A friend of Mr Singh who claimed to have lived with him and did the same thing (ie, claimed to live in a regional area while working in Melbourne) was deported by Immigration.
The department further corroborated these claims made by the informant and found Mr Singh had been charged with traffic offences at times and places that indicated that he was not residing in Wodonga.

Mr Singh took the matter to the Administrative Appeals Tribunal (AAT) of Australia which further found discrepancies in the payslips and bank records and late payment of superannuation.

The Tribunal also heard evidence of Mr Singh’s friend who was deported to India.

The Tribunal found licencing records held by Victorian police which demonstrated Mr Singh had applied to be licensed as a security guard in 2008, 2011, 2012 and again in 2015, where the registered address was a Melbourne address and the employer was an entity based in Melbourne.

The AAT upheld the department’s decision following which Mr Singh applied for a judicial review with the Federal Court of Australia.

The Federal Circuit Court of Australia accepted Mr Singh’s argument and observed the Tribunal had not arrived at its decision independently of the anonymous information.

The matter did not end here. The Minister for Immigration and Border Protection appealed this decision and it was allowed on Tuesday where The Court found that the anonymous information was accurate in respects that rendered critical aspects of Mr Singh’s evidence unable to be accepted.

The Court ordered the judgement and orders of the primary judge be set aside.

https://www.sbs.com.au/yourlanguage/hindi/en/article/2019/02/06/permanent-residency-visa-denied-after-anonymous-caller-tips-immigration?fbclid=IwAR3VsuiyxnuYYtK98SUh8jXVJRLJkKwld21aNdqnVfFVETt7v_qK8OWADQk

 

 

 

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Migrants face deportation if they move, under population control visas

Migrants will have their visas cancelled if they leave designated areas under one of the first stages of the government’s $19 million population package.

The policy, first flagged by The Sydney Morning Herald and The Age in August, will see regional councils empowered to sponsor workers.
Immigration Minister David Coleman has directed the department to send out officers to negotiate agreements with specific areas including Cairns in Queensland and Arana in western NSW.

“The visa will require people to work in that area,” he said. “You can’t just go and work somewhere else.”

He said if workers sought to move they would have to seek another visa.
“To be frank it would be unlikely they would obtain it and they would not be able to obtain permanent residency.

“It is about encouraging people to areas that have persistent problems in attracting people,” he said.

State governments are pushing back against a federal request for more information on their population growth and urban planning in a dispute over the money needed to stop congestion.

The Morrison government put the idea to state treasurers today but is struggling to get approval out of concern the changes could lead to more attempts by Canberra to tell states and territories where to house more people.

Queensland Treasurer Jackie Trad blasted the federal government for setting up the meeting without a clear idea of what the future intake would be and without offering enough information about why it wanted the state data.
“There was such a lack of intellectual rigour around the discussion today, I found it not a very practical use of time,” Ms Trad said after the meeting.

Victorian Treasurer Tim Pallas said the federal government was only an “interested dilettante” on the question of how to accommodate a growing population when it did not fund enough infrastructure.

Mr Pallas said the meeting raised questions about the “carrying capacity” of each state when the answer depended in part on the Commonwealth’s ability to fund new road and rail projects to accommodate more people.

“This reinforced the fact that we can’t have a discussion about migration in isolation. The Commonwealth needs to back up its interest in the area with a commitment to help fund infrastructure in the states,” Mr Pallas said after the meeting.
trol visas
By David Crowe and Eryk Bagshaw
February 8, 2019 — 7.50pm
Migrants will have their visas cancelled if they leave designated areas under one of the first stages of the government’s $19 million population package.

The policy, first flagged by The Sydney Morning Herald and The Age in August, will see regional councils empowered to sponsor workers.

The Morrison government has put the idea to state treasurers but is struggling to get approval.
The Morrison government has put the idea to state treasurers but is struggling to get approval.

Photo: John Veage
Immigration Minister David Coleman has directed the department to send out officers to negotiate agreements with specific areas including Cairns in Queensland and Arana in western NSW.

“The visa will require people to work in that area,” he said. “You can’t just go and work somewhere else.”

He said if workers sought to move they would have to seek another visa.

“To be frank it would be unlikely they would obtain it and they would not be able to obtain permanent residency.

“It is about encouraging people to areas that have persistent problems in attracting people,” he said.

State governments are pushing back against a federal request for more information on their population growth and urban planning in a dispute over the money needed to stop congestion.

The Morrison government put the idea to state treasurers today but is struggling to get approval out of concern the changes could lead to more attempts by Canberra to tell states and territories where to house more people.

Queensland Treasurer Jackie Trad blasted the federal government for setting up the meeting without a clear idea of what the future intake would be and without offering enough information about why it wanted the state data.

State treasurers meet with federal Treasurer Josh Frydenberg on population growth on Friday.
State treasurers meet with federal Treasurer Josh Frydenberg on population growth on Friday.

Photo: AAP
“There was such a lack of intellectual rigour around the discussion today, I found it not a very practical use of time,” Ms Trad said after the meeting.

Victorian Treasurer Tim Pallas said the federal government was only an “interested dilettante” on the question of how to accommodate a growing population when it did not fund enough infrastructure.

Mr Pallas said the meeting raised questions about the “carrying capacity” of each state when the answer depended in part on the Commonwealth’s ability to fund new road and rail projects to accommodate more people.

“This reinforced the fact that we can’t have a discussion about migration in isolation. The Commonwealth needs to back up its interest in the area with a commitment to help fund infrastructure in the states,” Mr Pallas said after the meeting.

Mr Pallas said the Victorian government was spending $13.9 billion on infrastructure across the state this year while the Commonwealth was only contributing less than $1 billion.

The meeting agreed to set up a working group on data sharing and a working group on regional migration needs, but there were conflicting views on the purpose of gathering the data.

One federal source said the data from the states would only be used to make more reliable projections on population growth and would not be gathered at the level of individual workers or taxpayers.

But Ms Trad said the states were only given a paper setting out the objectives on Wednesday night and this was not enough time for a considered discussion.

“We’ve got to make serious infrastructure investment decisions over the next two decades to support the growth in Queensland,” she said.
“All of the documents to support that are publicly available. It’s almost like the Commonwealth is blind to the work the states have done on this.”

The meeting in Canberra on Friday was another step toward deciding the federal government’s official cap on the permanent migration intake after Prime Minister Scott Morrison declared last year he wanted the cap of 190,000 places reduced to the practical level achieved last year, which was 162,000 places.

Treasurer Josh Frydenberg said the immigration intake would continue to be strong and Cities Minister Alan Tudge said the government plans would help encourage more migrants to the regions.

Victorian premier Daniel Andrews said last year he saw no case to slow the migration intake but NSW premier Gladys Berejiklian is urging a cut in the number of people coming to her state.

The reduction in the cap does not translate directly to the number of people in the country, given that overseas students and skilled foreign workers continue to arrive but are not counted in the permanent intake unless they are granted residency.
Mr Coleman said 70 per cent of migrants were skilled workers who added value to the economy.

“Migrants who are higher skilled and younger tend to be very valuable,” he said on Friday after the meeting with the states.

https://amp.smh.com.au/politics/federal/migrants-face-deportation-if-they-move-under-population-control-visas-20190208-p50wkz.html?fbclid=IwAR0XB8QfVnNrD3hiYVHPXTWNnQIjbQgTjBnElY0O8C4jqj2aaTbSdEZBtzE

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Migrant visas fast-tracked for regional Australia in $19 million plan

Skilled migrants will have their visa applications accelerated if they move to regional Australia under a $19.4 million plan.

Immigration Minister David Coleman on Friday announced the initiative as state and territory treasurers met in Canberra to discuss population growth and congestion issues.
The money will be used over four years and Department of Home Affairs officials will travel to regional areas to help local businesses get more skilled workers.

Under the plan, there will be priority processing for visas sponsored by employers in regional areas, as well as agreements where local councils are able to recruit workers from overseas.
“Our officers will be on the ground to discuss regional migration opportunities with regional employers and communities, and also to hear first hand the local labour issues they face,” Mr Coleman said.

Prime Minister Scott Morrison has previously flagged migrants could be asked to spend five years in a regional area if they want permanent residency.

Mr Morrison has also flagged cuts to Australia’s annual migration intake to ease congestion in major cities.

Treasurers talk population growth
Treasurer Josh Frydenberg met with the treasurers in Canberra on Friday morning to discuss how the nation can share responsibility for population change, with a particular focus on easing congestion with infrastructure.

“Two-thirds of new immigrants are going to our capital cities, in particular Sydney, Melbourne and in southeast Queensland,” Mr Frydenberg said.

“This is creating pressures on infrastructure, not only on our roads but also on our public transport, creating pressures on health, on education and other essential services.”
“We need to send people where the jobs are and we need to cooperate across state and territories.”

Australia’s permanent migration number is capped at 190,000 people each year but has only reached about 160,000 over the past few years, Mr Frydenberg added.

But the Treasurer was coy on whether he thinks the migration cap should be lowered.

“Well let’s look year by year as to what are the needs across the community, but certainly there are population pressures that are contributing to congestion in our major cities,” he said.

Mr Frydenberg conceded Australia hasn’t planned well for the future, as the population reached 25 million people earlier than expected.

https://www.sbs.com.au/news/migrant-visas-fast-tracked-for-regional-australia-in-19-million-plan?fbclid=IwAR34J41oesfR54GS50QMEcIvqMaPa7JZ5KvnZ3gcCJy2HRGZ3So5x43xZ-Q

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Regional migration

Australia has a number of visa options to help fill jobs in regional Australia where Australian workers are not available. Locations in Australia eligible for regional visas include most of Australia outside major capital cities.

If you want to visit, live or work in regional Australia, you can access concessions to standard visa criteria.

If your business is in regional Australia, you can sponsor a migrant using regional concessions. Visa options include unskilled and skilled visas.

If your community needs specific skills to fill job vacancies in your region, then migration agreements may be for you.

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Queensland closes skilled migration for 2018-19

Queensland has closed its state nomination program for 2018-19.

The state’s official migration website, Business and Skilled Migration Queensland (BMSQ) says the state has now closed state nomination for all business and skilled visas (submitted through SkillSelect) from 8 February 2019.

“No further invitations will be issued from this date. BSMQ will continue to process applications which have been already invited for state nomination prior to this date until our quota is exhausted.”
The program will reopen in the new financial year which begins on July 1st, 2019.

“BSMQ will re-open the State Nomination Program in the new financial year. Please submit a new EOI after the new occupation lists have been released in July. We will not select any submitted EOI’s prior to this time”, the website said.

Queensland runs the skilled nominated migration (190) program in order to attract highly skilled people in a range of occupations to contribute to NSW skills needs.

According to the state’s website, “This is a point-tested visa for skilled workers and postgraduate alumni who wish to live and work in Queensland permanently. The Queensland postgraduate degree stream offers streamlined conditions for Masters and PhD graduates from a Queensland-based university.”
Another program, Skilled Nominated (Provisional) visa (subclass 489), is a 4-year point-tested visa “which leads to permanent residency and requires nominated skilled workers to be employed and live in regional Queensland.

https://www.sbs.com.au/yourlanguage/hindi/en/article/2019/02/11/queensland-closes-skilled-migration-2018-19?fbclid=IwAR2IijIJ5VMDcw_HVyzTWFv0CuLvJp6Fu7I4re90Vwi52V07G52oafZLB48

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It’s time to shut down the student visa rort

The Victorian Government last month called for a review of entry requirements into Australian universities after growing evidence had emerged that foreign students with poor English language proficiency are badly eroding education standards and placing undue strain on lecturers and university staff.

This was immediately followed by academics admitting to Fairfax that they had lowered teaching standards and passed failing international students in order to maintain the foreign student trade.

The international student association also called for greater regulation of overseas migration agents amid widespread cheating on English tests to gain access to Australian universities.

Last week, practising psychiatrist, Tanveer Ahmed, penned an article in The AFR claiming that international students “obtain degrees of limited value and are consigned to low-skilled work”:

Wages are depressed for the majority of low and semi-skilled workers…

Many international students also obtain degrees of limited value and are consigned to low-skilled work… they make up a large chunk of the service worker underclass. They are not captured in the unskilled category. A 2017 study by training company Hobsons found only 34 per cent of workplaces were willing to take a risk on international graduates.

Natives have the opportunity to take jobs that make use of their superior English, whereas low-skilled migrants compete against other migrants at the bottom end of the labour market.

Whereas over the weekend, The Australian’s Judith Sloan argued that the cost of Australia’s turbo-charged international student market probably outweighs the purported $36 billion of annual export earnings:

Let me run through some of the costs of international students that are often ignored — indeed, often denied. They include the impact on educational standards, the potential for international students to be exploited in the labour market, the real motivation of students to gain permanent residence, and the dubious practices of some ­migration agencies.

…let us look at the research undertaken by economist Gigi Foster, who was given access to the records of students, both local and international, at the University of South Australia and UTS. Note her research was published in a peer-reviewed journal.

The question that Foster was trying to answer was: do more international students affect educational standards? What she found was that international students do consistently worse than local students but because students are marked according to the curve (in large courses, at least), international students do better when there are fewer local students in a course. This is because there are fewer local students to occupy the top end of the distribution of marks.

She also looked at tutorial performance and found that local students do worse in tutorials with more international students. Foster concludes that there is clear evidence of a dumbing down of courses because of poor language skills of international students…

We also know from the work of the Fair Work Ombudsman that there are many cases of underpayment of low-skill workers. Often these workers are on student visas and the maltreatment is perpetrated by businesses whose owners were also born overseas…

As MB has argued repeatedly, Australia’s universities have morphed from “higher learning” to “higher earning”, as evidenced by the massive explosion in full fee-paying foreign students:

Australia’s education system has become an integral part of the immigration industry and the ‘Big Australia’ population ponzi – effectively a way for foreigners to buy backdoor permanent residency and working rights.

Even the lobby group representing foreign students in Australia – the Council for International Students in Australia (CISA) – point blank admitted that students come here to migrate, not because of the quality of education on offer:

The Council for International Students in Australia said foreign potential students were attracted to Australia by the possibility of migrating here.

But Mr Dutton’s strong views on border policy and his statement that Australia should reduce its intake of migrants “where we believe it is in our national interest” would tip the balance for some would-be students…

The national president of CISA, Bijay Sapkota, said… “For people coming from low socio-economic backgrounds there has to be a value proposition. If they go home they will not get value. So there has to be a possibility of immigration.”

Three recent Australian reports (here, here and here) have similarly raised the alarm about the flood of international students and the degradation of standards, but have been attacked by the rent-seeking Universities Australia.

Dr Cameron Murray – an economics lecturer at the University of Queensland – also highlighted the problem in detail, which supports Judith Sloan’s arguments:

A thread on my experience:

1. 90% of students in my economics masters classes are international.
2. Half of them struggle with basic English
3. When I ask in tutorials why they are doing the degree, half tell me that they “need more points for their residency visa” (1/n)
4. They tell me they choose economics because they can do the maths but don’t need to understand anything or write anything.
5. I always set written essays or reports. Students tell me that they know other students are using paid ‘essay writing’ services to pass my class (2/n)
6. If half the class can’t understand English it brings down standards. It must—unless I fail half the class.
7. Think about the incentives—a casual lecturer who costs $25,000 fails 50 students paying $250,000. Change lecturer next year or reduce intake to keep standards? (3/n)
8. It is frustrating when top international students from foreign governments/central banks come to your class, then sit next to rich Chinese (almost always Chinese) who can’t understand a word and are there to buy a visa (4/n)
9. The evidence shows the effect on standards is real. https://www.sciencedirect.com/…/article/abs/pii/S0272775712…
None of this is a secret. That research is from 2011. Here’s an article from 2014: https://www.smh.com.au/…/academics-accuse-universities-of-a…
10. Unfortunately, this reality conflicts with the widely believed myth that our immigration program brings in “high skilled” workers.
11. 350,000 international students paying $25,000+ per year to study is $9billion being pumped through our top dozen universities. (6/n)
12. Halving the number of international students would keep all the good students, boost standards for all, and remove the visa scams.
13. But this would remove $4.5billion per year of revenue to the universities. (7/n)
14. In sum, universities are being degraded so they can be used as a back-door immigration program, and no one at the senior levels of universities or major political parties want to change it.
15. It is nearly career suicide for younger academics to say anything about it (8/8)

I forgot to add that almost every student I failed or called out for plagiarism got second and third chances until they passed. After the first chance it is taken out of my hands to higher ups at the faculty…

There is nothing new in this thread. @4corners did a big investigation a few years ago. Nothing changed AFAIK. People are just used to the new reality. https://economics.com.au/…/universities-corruption-and-sta…/

More here: https://www.theaustralian.com.au/…/9082a4d2234f019af2ddd1f6… and here: https://economics.com.au/…/are-we-going-easy-on-foreign-st…/

The sad reality is that Australia’s universities are little more than giant rent-seeking businesses that clip the ticket on the deluge of foreign students arriving in the hope of transitioning to permanent residency. The end result has been the dumbing-down of standards and too many university graduates chasing too few professional jobs.

The universities love this set up as they get to maximise fees and profit, and privatise the gains from Australia’s immigration system. By contrast, the broader community wears the costs.

At the same time as Vice-chancellors’ pay has exploded to an average of $1 million on the back of the student flood, university students are stuck paying off expensive and increasingly worthless degrees, taxpayers are stuck writing-off unpayable debts, and the broader population is suffering under the never-ending population crush.

Policymakers must place a firm leash on the university sector, starting with removing the link between foreign students studying at university and gaining work visas and permanent residency. Australia’s universities must be forced to compete on quality and value alone, not as a backdoor pathway for immigration.

https://www.macrobusiness.com.au/2019/02/time-shut-student-visa-rort/?fbclid=IwAR0TnuCqyrzpXu8kzogaQRfo81mMmjhIeV4sRFPY0-66KCymPxT2lkKQ2Wc

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CHANGES TO TRADE SKILLS ASSESSMENTS

CHANGES TO TRADE SKILLS ASSESSMENTS

Trades Recognition Australia (TRA) has announced changes to the Trade Skills Assessment programs for TSS, OSAP and TRS. The following changes apply to all applications received from 1st March 2019.
1. Changes to the employment and training requirements for Pathway 1 assessments
The amount of verifiable employment evidence a Pathway 1 applicant must submit for their nominated occupation has been changed as follows:
• Licensed trade with no formal training – six years work experience
• Licensed trade with formal training – four years work experience
• Non-licensed trade with no formal training – five years work experience
• Non-licensed trade with formal training – three years work experience.

Additionally, all applicants must have completed at least 12 months of employment in their nominated occupation in the three years prior to lodging their application.
*TRA has defined ‘formal training’ as training that aligns with the national training standards in the applicant’s country of training.

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Blitz on AAT visa appeals boom

The government plans to overhaul the Administrative Appeals ­Tribunal to slash its bureaucracy and deal with the boom in ­migration and refugee challenges, which last year grew 43 per cent.

https://amp.theaustralian.com.au/national-affairs/immigration/blitz-on-aat-visa-appeals-boom/news-story/46bbdba087a7dd65820a2bcc0b9cb58f?fbclid=IwAR2Jhmz8octGndCE5j3BQ6uCJF2V6xGDAkVuSzoytA2Hcivow0yG0Xu6VSQ

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Commencement of the five year subclass 870 Sponsored Parent (Temporary) visa

On 1 March 2019, Minister Coleman announced that applications to sponsor a parent for a Sponsored Parent (Temporary) visa will be open from 17 April 2019.

Once a sponsorship application has been approved, a sponsored parent will be able to apply for a Sponsored Parent (Temporary) visa. Applications for the visa are intended to open from 1 July 2019

The visa provides parents with a new pathway to temporarily reunite with their children and grandchildren in Australia, while ensuring that taxpayers are not required to cover additional costs. The visa responds to community concerns about the limited number of Parent places in the migration program and associated lengthy waiting periods.

To be eligible for the visa, a parent must be the biological, adoptive, or step-parent of the sponsor, who must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.

The following information is subject to introduction of supporting regulations.
Minister Coleman has announced today that the new five year sponsored parent visa, the Subclass 870 Parent (Temporary) Visa, will be open for application on 17 April 2019.
Parents will be able to stay for up to five years at a time without departing and the Department has announced that up to 15,000 per year will be granted.

NB: The introduction of this visa is still subject to introduction of supporting regulations

Charges
 Sponsorship application: $420
 Visa application charge: $5,000 for 3 years duration, $10,000 for five years duration

The visa application charge is payable in two instalments, with one payment at time of application and the remainder paid prior to visa grant.

Other features include:
 No Balance of Family test will be applied
 ‘No work’ conditions will be applied
 Require health insurance
 Must provide evidence of access to funds

https://immi.homeaffairs.gov.au/visas/bringing-someone/bringing-partner-or-family/five-year-temporary-sponsored-parents-visa?fbclid=IwAR3MSH9XPtNzHeGsaXijcCE61l8Y5o7OE6YhQM9i4hr8bibOsZOrWhfa3Gg

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New temporary Sponsored Parent visa to be available from April

Migrants who wish to bring their parents to Australia for longer periods will be able to lodge a sponsorship application to sponsor their parent for the much-debated new temporary Sponsored Parent visa from April 17th this year.

The legislation tied to this new visa which allows sponsors to bring their parents to Australia for longer periods was passed in November last year.

“Sponsors will be able to lodge an application to sponsor their parent from 17 April 2019,” Immigration Minister David Coleman announced.

Once a sponsorship application has been approved, a sponsored parent will be able to apply for a Sponsored Parent (Temporary) visa. Applications for the visa are intended to open from 1 July 2019.
The Sponsored Parent (Temporary) subclass 870 visa provides parents and grandparents with a new pathway to reunite and spend time together through having the opportunity to visit Australia for a continuous period of up to five years.

There is also the opportunity to apply for a second visa for another five years after a short period outside Australia, meaning parents and grandparents will be able to spend up to 10 years in Australia.
Minister for Immigration, Citizenship and Multicultural Affairs David Coleman said the new visa the new visa will deliver great social benefits to families across Australia.

“Up to 15,000 Sponsored Parent (Temporary) visas may be granted each year, ensuring reunions are possible for many families. This will make a big difference to many Australian families.”

Measures have been put in place to strengthen the visa framework, and require Australian sponsors to act as a financial guarantor for any outstanding public health costs incurred by the visa holder whilst in Australia, including hospital and aged care fees. This ensures taxpayers are not required to cover additional costs.
The new temporary Sponsored Parent visa being introduced by the government has disappointed certain members of the Indian community, who have said the new visa is ‘too expensive’.

The new parent visa will cost migrants $5000 for a three-year visa, $10,000 for a five-year visa and $20,000 for a ten-year visa.

Along with visa fees, children will have to bear the financial burden of healthcare for migrant parents, with sponsors legally required to act as a financial guarantor for any outstanding public health costs incurred by the visa holder.

Arvind Duggal, an Adelaide resident, who kick-started the ‘Long Stay Visa for Parents’ campaign that saw national participation before the federal elections, told SBS Hindi they will continue to fight for a fairer visa.

“Our fight to make it fairer and affordable to everyone in the community will continue regardless,” Mr Duggal told SBS Hindi.

https://www.sbs.com.au/yourlanguage/hindi/en/article/2019/03/01/new-temporary-sponsored-parent-visa-be-available-april?fbclid=IwAR24cEZTQy-Pt9O4Kz_BfcTtChLh7buqtovmr2h7sn0qiAkyzRBDXVHNImo

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