A possie in Aussie

July 16, 2009

Failed your exam? Go to jail!

Guy Healy of the Australian reports that thirty-six overseas students, some as young as 18, are being held in immigration detention for breaching study visa conditions. 36 overseas students in detention

Most of the student visa holders are from China, but others come from India and Pakistan – and India in particular has become sensitive to issues with their student in Australia in recent months. Bashings of Indian students

A student visa can be cancelled for a variety of reasons, including failure to meet course requirements such as “passing subjects” and “attending class”.

A department spokesperson said most of those in detention had overstayed their visas. None had been locked up “simply for breaching attendance requirements or failing to meet minimum course requirements”, although these could be factors in non-compliance with visa conditions.

The Immigration Department, however, insists that none was locked up solely for failing to meet course requirements. The Department claims that student visa holders currently in detention had either ‘posed an unacceptable risk to the community’, or had ‘repeatedly refused to comply with visa conditions’.

I know that Immigration has changed since the bad old Howard days when there was a culture of harshness and flagrant breaches of human rights. Pamela Curr reminded us recently  of the Howard days:

Pamela relates a story of an Indian student who she know who, in 2003, had successfully passed his exams for 3 years when the course at his university changed structure.

“The old course structure was available at another university nearby.

“He transferred his enrolment with permission from both universities.

“His father transferred the funds to pay for a full year upfront as required.

“He then went to the Department of Immigration to notify them of the changes in accordance with his student visa provisions. He was placed in a small interview room, locked in, his passport was taken and one hour later he was escorted down stairs to the basement by two burly officers and put in a van with covered windows. He was told that he had breached his visa conditions by not informing the department BEFORE he changed his enrolment.

“He was sent to Maribyrnong Detention Centre.

“The Department demanded $4,000 dollars and an air ticket to India which departed within 10 days to release him from detention. He left.

“Some students failed exams, some could not pay their fees and some worked an extra hour or two in a week. Overseas students were subject to compliance raids in the middle of the night instigated by anonymous dob-ins. When their passports and visas were found to be in order, the laundry basket was searched for evidence of working hours by over- zealous compliance officers.  www.asrc.org.au

I hope that my impression of a new attitude in the Department of Immigration does extend to compliance section.

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1 Comment »

  1. […] When migration officials decide to take action, however, it seems that residency or any other status have little deterrent effect. This blog has reported about the child in immigration detention who was separated from her father and flown to Iran without his permission, Australian immigration officials investigated over child abduction, and overseas students who have been subject to compliance raids in the middle of the night and had their homes searched by immigration officials.  Failed your exam? Go to jail! […]

    Pingback by Want child abuse? Night raids? Summary justice? Just ask your Immigration official « A possie in Aussie — October 31, 2009 @ 11:42 am | Reply


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