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13th November 2011
Volume 205

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In This Issue
The not so new GTE
4020 DIAC`s silent Police Force
Correction Required
This weeks news stories
Dear students, 


Welcome to the latest edition of IMMIGRATION NEWS and to the new subscribers. This free service is brought to you by Australian Immigration Law Services. You can subscribe by using the link on the right hand side or by visiting our web site. Please feel free to forward this email to any of your friends.
Today we have provided you information about the new GTE student visa requirements and the Public Interest Criteria 4020 which now affects student visas as well.

Also a great story in The Age describing how easy it was to corrupt the GSM program using bogus reference letters, etc.

Also a correction to be made in an error in our last newsletter so we thought it fitting we get the our first Turkey Award of a number we will be sending to well deserved recipients.


The not so new GTE   

There will a great deal of discussion about who is a GTE.


The new GTE (Genuine Temporary Entrant) rolled out into force last weekend as part of the Stage 1 response to the Knight review changes that should be made to the visa processing arrangements of student visas.


It seems DIAC has engaged some marketing guru specialising in the motor industry for this new selling of its student visa products. In reality DAIC is just a re badging of the old model but they give it a new name to make the public think that the policy department is actually earning its combined hundreds of thousands of tax payers salary.


Car makers do this all the time. Instead of making a new design it's cheaper to throw on a new front and rear bumper bar, add a new pin stripe and behold, the new improved GTE model has arrived in a show room near you. You have to pity the poor salesman who is left with the unenviable task to convince buyers it's a brand new model, so much improved on the old version. But you know it's true what they say in sales talk, there's a sucker born every day but sorry DIAC there are none in this office.


So now the GTE Student visa is DIAC`s version of the old model revamp but in reality it's really the same old design that has been there for years. There has been a policy definition of what constitutes a genuine entrant for as long as I can remember but now, hey, they are now called genuine temporary entrant. Hmmmm.


In reality since the Global Financial crisis, the issue of genuineness was hardly raised by DIAC even though it has been in the legislation to enforce if they wanted to. DIAC was happy snapping up students from all over the world to prop the economy like they were first in line at the Myer Stock Clearence Sale. It was all about numbers, not the quality of those numbers.


Of course change has been blowing in the wind for some time now since Australia shrugged off the GFC and they say they just want students who`s primary reason for coming here is just to study and get a good education. Sorry guys but I think the environment, surf, chicks, hunks and job prospects have a lot more to do with the motivation to come here.


The new laws regarding the GTE will be inserted into every student visa subclass as follows;


(1) The Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student because:

(a) the Minister is satisfied that the applicant intends genuinely to stay in Australia temporarily, having regard to:

(i) the applicant's circumstances; and

(ii) the applicant's immigration history; and

(iii) if the applicant is a minor - the intentions of a parent, legal guardian or spouse of the applicant; and

(iv) any other relevant matter; and

(b) the applicant meets the requirements of subclause (2).


The old PAMs covering this issue made it clear that all factors must be considered if a person is genuine student and this is done as a balancing exercise by the individual case officers. I can see in the near future many are going to be rejected on the genuineness issue. For those fortunate to be onshore when this happens you will be able to access the Migration Review Tribunal (MRT). I can just see those at the MRT loving this tidal wave coming their way. For those unfortunate to be lodging a student visa while you are offshore, there will be no access to a review.


The new DIAC blurb about what constitutes a GTE can be found on their promotional blurb using the following link;



Student Visa English Language Requirements

Also in line with the Knight review DIAC has announced the other English tests results which can be submitted as an alternative to the IELTS tests.


The tests and the comparison chart to the IELTS can be found on this link;


Sorry for all the GSM applicants, there is still no substitute for IELTS! 


Other implimentations such as the abolishment of assessment levels can read here;


PIC 4020, the silent Police Force 


The recently introduced Schedule 4020 laws have been developed to be the silent police force of DIAC. Originally designed to cover the skilled migrant applicants for permanent residency but from now will apply student visa applicants as well.


What is 4020?

In legal terms the Schedule 4 is called the Public Interest Criteria (PIC). In other words it means the public is not interested in you being granted a visa if you meet any if its criteria catches you out.


Fraud has been a particular problem with visa applications for years and DIAC has been agonising slow in producing a set of laws that would act as a significant deterrent in applicants providing false or misleading information or fraudulent documents. In many cases the powers of DIAC were so weak, often applicants who gave bogus documentation in one visa application would simply lodge another application with no repercussions. The only deterrent was to waive the threat of criminal prosecution but is an expensive use of taxpayers resources.


Section 4020 is a simpler cost effective measure to ensure those who choose to do the wrong thing in their applications will not be able to apply for certain visas to Australia for the next three years after their return home.


The law spelling out 4020 is as follows;


(1)     There is no evidence before the Minister that the applicant has given, or caused to be given, to the Minister, an officer, the Migration Review Tribunal, a relevant assessing authority or a Medical Officer of the Commonwealth, a bogus document or information that is false or misleading in a material particular in relation to:

(a) the application for the visa; or

(b) a visa that the applicant held in the period of 12 months before the application was made.

(2)     The Minister is satisfied that during the period:

(a) starting 3 years before the application was made; and

(b) ending when the Minister makes a decision to grant or refuse the application;

the applicant and each member of a family unit of the applicant has not been refused a visa because of a failure to satisfy the criteria in subclause (1).

(3)     To avoid doubt, subclauses (1) and (2) apply whether or not the Minister became aware of the bogus document or information that is false or misleading in a material particular because of information given by the applicant.

(4)     The Minister may waive the requirements of any or all of paragraphs (1)(a) or (b) and subclause (2) if satisfied that:

(a) compelling circumstances that affect the interests of Australia; or

(b) compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen;

justify the granting of the visa.

(5)     In this clause:

information that is false or misleading in a material particular means information that is:

(a) false or misleading at the time it is given; and

(b) relevant to any of the criteria the Minister may consider when making a decision on an application, whether or not the decision is made because of that information.


The simpler DIAC fact sheet can be read using the following link;


For those of you wondering about the compelling and compassionate circumstances, they do exist but they would be described as difficult to meet unless you have an Australian spouse or children. For obvious reasons DIAC has tried to its best that if 4020 catches you out then you will have three long years to reconsider your atcions before you will be granted another visa on their now extended list of visa subclasses.


Correction Required
The AILS Turkey Award will go out to well deserving recipients.

Once and a while this old dinosaur brain makes an error so we thought the first ever AILS Turkey Award should go to ourselves.


Last week I mentioned that to apply for the Graduate 485 visa you must nominate a 50 or 60 point skill level, this was not entirely correct as this has been updated. The need to nominate a 50 or 60 point level occupation has been removed which means that you can nominate one of the 40 point occupation from Schedule 2A or 2B if you are covered by the Transitional Arrangements for the Graduate 485 visa, along with a 50 or 60 point occupation.


If you missed this newsletter regarding the transitional arrangements you may find it on the archive link below.


The AILS Turkey Award will now become a regular feature and will not be limited to our mistakes alone. We will be on the lookout on who we can nominate this prestigious award to.


Actually now that I`ve mentioned it, I can think of a few already.


This weeks News Stories 


Student visa program 'corrupted'
The Age* Steve Butcher
5th November 2011

What wonderful timing! Just on the dawn of DIAC launcing its new policy of fraud and student visas, bang comes a reminder of how hopelessly they failed in the past.

Couldnt have timed it better myself.


Archives, some light reading
For our older newsletters they can be found on our web site through the following link;

For the recent ones using the new newsletter format, they can be found here;




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or the link on the right above the Editorial.

Kind regards,


Karl Konrad: Managing Director and

Jee Eun HAN, Executive Manager     

Australian Immigration Law Services

MARN: 9904238, 0850073 

AILS stuff photo
 At Australian Immigration Law Services (AILS), we offer professional advice and practical solutions to all migration matters. Our team of licensed agents and consultants specialise in various areas of immigration law, such as skilled migration, business, family, and reviews.









I guess you can tell by my article about the GTE it is my opinion that DIAC has been doing the loop all over again. This is just another yo-yo exercise by the policy section who must not stay in their jobs long enough to be around to remember the old days. I wish I kept a record of it but I remember a distinct DIAC instruction years ago to ease off on the genuineness issue when assessing student visas so to allow the faster processing of applications.


They say when you have been round long enough you will get to see history repeat itself. Wow, I must be getting old because in the last 12 months DIAC has used the historical merry-go-round so much that and I`m starting to loose touch with what is past and what`s present. Pretty soon DIAC will roll out the old Temporary Protection visas for asylum seekers and try put a spin on it like it was just invented. Hmmm, not a bad idea actually.


Then they have some good ideas but you have to say, why on earth didn't you do this when you were first warned of the massive fraud issue regarding the GSM program? PIC 4020 should have been rolled out years ago when GSM first began. DIAC was warned about the massive bogus TRA work experience letters but they treated it as if it was some kind of novelty joke. It has proved however to be the largest attack on the integrity of the migration system on record. Hundreds of thousands of dollars of taxpayers money has been wasted on prosecutions of former international students for presenting bogus documentation to the TRA.


The PIC 4020 regulation could have easily and efficiently done away with wasting public money. Does anyone think the police really enjoy wasting their time running prosecution cases of some foolish international student who gave a bogus document to the TRA? I can tell you they wouldn't, for in reality there are far worse criminals out there who deserve their efforts.


Going after however those individuals who collectively organised mass migration fraud is indeed a tastier fish to catch. It was satisfying to read the article in the Age of one fat fish being caught and convicted. No doubt there a few more hiding in some deep dark cesspool of humanity somewhere.


And just to demonstrate that we can take it as well as we can dish it out, I've award the first AILS Turkey Award to ourselves for not picking up the mistake in our last newsletter. I`ve a couple of other well deserving recipients lined up already where I think our readers will find the stories very interesting. No doubt this prestigious award will slowly gain a solid reputation for being well deserved.


Stay tuned.



Karl Konrad

Managing Director 

Karl Konrad



Han Photo with Jacket
Executive Manager
Jee Eun Han





Australian Immigration Law Services  

phone: 61 2 92791991 | fax: 61 2 9279 1994
email: | website: 


 Level 13, 37 York Street Sydney NSW 2000

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