Inner West Multicultural Interagency

Inner West Multicultural Interagency

22nd July, 2014

Ashfield Council

Meeting Minutes

CHAIR: Tony Tonous –Metro MRC

Minutes: Nga Nguyen –Metro MRC

Attendees:Refer to attendance List

Apologies:Refer to attendance List

Previous Minutes Motioned:Patricia Pavez – Navitas

Guest Speaker –Atef Hamie –Metro MRC

1-Cross Cultural:

There are a range of challenges facing our clients of refugees and migrant backgrounds. Many can feel disconnected, dislocated and alienated from the Australian Society when arriving in a new and strange country where there are huge cultural differences. It can be difficult for them to adapt to mainstream values and norms; even when they display a keen desire to learn about the Australian society and culture; there are few opportunities to do so!

Cultural differences can increase pressures on families and communities, and have some implications for refugees’ on-going physical and psychological wellbeing. This is compounded by the human tragedy which brings refugees to the shores of Australia.

This is one of the many challenges that we the community and settlement workers face. Indeed, it is a very crucial challenge in that we are to be well knowledgeable and aware of the different cultures and their characteristics in order to deliver relevant, effective and culturally appropriate services on the one hand, and to raise the awareness of other relevant services to the issues and needs of our target groups, on the other. So knowledge of the needs and issues is one of the most effective cross cultural strategies that would yield benefits for our target groups and assist them for successful settlement, participation and integration.

2-The Family Violence Provisions (reflects law as at October 2013).

These provisions are designed to ensure that visa applicants do not remain in abusive relationships in order to get permanent residence in Australia. If someone falls in within the provisions they are entitled to get permanent residence even if the relationship has broken down and the sponsor has withdrawn their support for the visa application.

WHO CAN APPLY?

Applicants for partner visas (married and de-facto);
Holders of a Prospective Marriage Visa (sub class 300) where the visa holder and the sponsor have married;
Spouses who are secondary applicants for:

__ employer-nominated permanent visas or

_ some permanent business skills visas.

WHAT IS FAMILY VIOLENCE?

Family violence is defined by the Migration Regulations as Conduct, whether actual or threatened, towards:

The person claiming to be a victim of violence
A member of the family unit of the alleged victim
A member of the family unit of the alleged perpetrator
The property of the alleged victim and/or family unit
The property of a member of the family unit of the alleged perpetrator;

That causes the alleged victim to reasonably fear for, or to be reasonably apprehensive about, his or her own wellbeing safety.

It is a requirement that the claimed family violence must have occurred while the relationship existed.

Where relationship has ended, applicants have an obligation to inform the DIBP of this “change of circumstances”

WHAT EVIDENCE IS REQUIRED?

1_ Judicial evidence

An injunction made against the perpetrator under the Family Law Act 1975
A Final restraining order or protection order issued by a court against the sponsor (AVO). An interim Order is not sufficient
Evidence that the sponsor was convicted of assault or some other violent offence against the “alleged victim”.

2_ Non-Judicial evidence

Joint undertakings filed in court proceedings where there was an allegation of violence; OR
A statutory declaration from the visa applicant which sets out the allegation of family violence and names of the person alleged to have committed it; and
At least two documents from two persons from the following list of evidence specified in the legislative instrument.

Who can give evidence?

Doctor
Registered Nurse
Police Officer
Witness statement made by someone other than the alleged victim
An officer of child welfare authority or child protection authority
An employee a women’s refugee or family/domestic violence crisis centre
Social worker (who is a member of the Australian Association of Social Workers)
Registered Psychologist
Family Consultant appointed under the Family Law Act 1975, or Family Relationship counsellor
School counsellor or principal of a school.

If family violence is proven the applicant will be granted a permanent visa.

If Family Violence is not adequately proven

The case officer must accept ant “judicial determined” evidence of family violence as being satisfactory proof but does not have to accept any “non-judicial determined” evidence. If the officer is not satisfied then they can refer the case to for independent assessment.

CARER VISA APPLICATIONS

Subclass 116 Carer- for applications made outside Australia
Subclass 836 Carer- for applications made in Australia

Carer visas fall under the “Other Family” category, along with Aged Relative Dependent visas and Remaining Relative visas. The Australian Government has recently reduced the number of places available under the “Other Family” category from 1285 to 585 for the 2013-2014 financial year.

Who can be a carer?

The applicant must:

Be sponsored by an Australian citizen, permanent resident who requires a carer or who has a member in their family unit who requires a carer
Be a spouse, child, brother, sister, grandparent, grandchild, aunt, uncle, niece or nephew (this includes step relatives, half brothers and sisters and adopted relatives) of the Australian resident.
Be willing and able to provide their sponsor with substantial and continuing assistance as a carer
Meet health, character, public interest and limited special return criteria.

Who can be a sponsor?

The sponsor must:

Be approved as a sponsor
Be aged 18 years or older
Be in need of a carer themselves or for a member of their family unit- this requires a carer certificate issued by Medibank Health Solutions (MHS)
Show that the assistance cannot be reasonably provided from Australian relatives, or welfare, hospital, community services etc.
Arrange payment of the second instalment of the visa application charge, unless this is waived.

Forms required for an application:

Form 47OF
Form 40
Form 47A if required
Form 160A – X-Ray
Form 26A – Medical examination
Form 80
Police clearance from any country where the applicant lived for more than 12 months in the last 10 years
4 passport sized photos of all applicants
You will need to pay the Visa Application Charge.

Guest Speaker 2: Dinaz Rather - Metro MRC:

Culture is a way of life, arts and customs that are shared and accepted by the people in a particular society.

•The culture of India is among the world's oldest, reaching back about 5,000 years.

•The Indian culture is a amalgamation of several cultures.

•It is the seventh-largest country by area.

• India is the second-most populous country with over 1.2 billion people.

India has 28 states and seven territories, and each has at least one official language. While the national languages are Hindi and English, there are about 22 official languages and nearly 400 living languages spoken in various parts of the country.

India is characterized by a diversity of religious beliefs and practices. India is the birthplace of four of the world’s major religions; namely Hinduism, Buddhism, Jainism and Sikhism been an important part of the country's culture.

Indian cuisine boasts Arab, Turkish and European influences. It is known for its large assortment of dishes and its liberal use of herbs and spices. Cooking styles vary from region to region.

India is a hierarchical society.

The influences of Hinduism and the tradition of the caste system have created a culture that emphasizes established hierarchical relationships.All relationships involve hierarchies. There is a clear- cut hierarchy that must be observed for the social order to be maintained.

Family culture in India follows a patriarchal structure wherein generations of a family often live under the same roof.

The joint family is highly valued, ideally consisting of several generations residing, working, eating, and worshiping together.

Arranged marriage has been the tradition in Indian society. Even today, the majority of Indians have their marriages planned by their parents and other respected family-members

Indian etiquette considers it important to use a person’s title wherever it is possible, titles such as doctor or professor etc

Use courtesy titles such as "Mr", "Mrs", or "Miss" for those without professional title

Status is often determined by a person's age, university education, caste, and profession. Be aware that government employment is considered to be more prestigious than private businesses

Westerners may shake hands, however, greeting with 'namaste' (placing both hands together with a slight bow) is appreciated and shows respect for Indian customs.

Men shake hands with men when meeting or leaving. Men do not touch women when meeting or greeting.

Public displays of affection are not proper.

Indians generally allow an arm's length space between themselves and others. Indians value personal space.

•Indian men may engage in friendly back patting merely as a sign of friendship

•The head wobble, or Indian head shake is common gesture found in Indian culture. The motion usually consists of a side-to-side tilting of the head. A form of nonverbal communication, it may mean "Yes", "Good", "OK" or "I understand", depending on the context.

•Public displays of affection are not proper.

•Indians generally allow an arm's length space between themselves and others. Indians value personal space.

•Indian men may engage in friendly back patting merely as a sign of friendship

•Indian people are not always punctual. For them, reasonable lateness is acceptable.

•Stand up when an elder or a guest enters the room and don’t sit until you’ve offered them a seat.

•Offer a glass of water (and preferably a cup of tea) to anyone who steps into your home/office.

•Indians do not like to express 'no,' be it verbally or non- verbally.

•Take off your shoes before entering the house

•Politely turn down the first offer of tea, coffee, or snacks. You will be asked again and again. Saying no to the first invitation is part of the protocol.

• Much Indian food is eaten with the fingers.

•Always use your right hand to eat

Meeting closed 4.00pm