Submission to the Senate Inquiry into the Migration Amendment (Visa Capping) Bill 2010
The Migration Amendment (Visa Capping) Bill 2010 (the Bill) seeks to
amend the Migration Act 1958 to enable the Minister for Immigration and
Citizenship (the Minister) to cap visa grants and terminate visa
applications based on the class or classes of applicant applying for
the visa. In particular, the Bill would enable the Minister to make a
legislative instrument to determine the maximum number of visas of a
specified class or classes that may be granted in a financial year to
visa applicants with specified characteristics, and treat outstanding
applications for the capped visa as never having been made. The
proposed amendments are intended to address issues relating to the
General Skilled Migration (GSM) visa program.
On 26 May 2010 the Senate referred the Migration Amendment (Visa Capping) Bill 2010 for inquiry and report.
The Migration Amendment (Visa Capping) Bill
2010 (the Bill) aims to provide “maximum flexibility to enable the
government to effectively target and manage the migration program”.
While CAPA welcomes efforts to fine-tune existing programs, the
targeted management of specific elements of the migration program
outlined in this Bill prompt a range of concerns about the ongoing
fairness, equity and transparency of Australia’s migration program.
The so-called shift from a “demand” to “supply” driven skilled migration program represents in effect a move toward a selective “quota” system for Australia’s migration program. While a quota system per se may not itself be problematic, the means of achieving this, as outlined in this Bill, gives significant cause for concern.
The changes proposed in this Bill appear unnecessarily punitive for current visa holders and at odds with the Federal Government’s broader objectives, including that Australia remain a preferred destination for international students.
CAPA and NUS call on senators to reject this Bill in its current form. Other recommendations are included in this submission on the relevant issues raised.