Will the ‘budget neutral’ target lead to a doubling of visa application charges? It certainly looks set to increase and potentially by a great deal given that revenue collected is only about half of the cost of operations. The industry can only hope that with the expected cost increases, the efficiency, speed and quality of services of the department will also increase.

The Australian Customs and Border Protection Service (ACBPS) has commenced a review into Australia's border-related fees, charges and taxes (Fees Review) on behalf of the Immigration and Border Protection Portfolio, Minister for Immigration and Border Protection, Mr Scott Morrison said in a statement yesterday.

Outside the Australian Taxation Office the Immigration and Border Protection portfolio is the biggest ‘tax collector' in the country. Each year border agencies collect around $3 billion in revenue from border related fees and charges. This is in addition to the billions that are collected by border agencies in excises and other taxes according to Minister Morrison.

However operational costs run over $6 billion.

Minister Morrison said one of the aims of the review is to “ensure that wherever possible we recover the costs of facilitating the movement of goods and people, to avoid drawing further on the general taxpaying community.”

An RMA and member of the Migration Alliance reports that there is a widespread scheme in China which systematically and blatantly rorts the sc457 visa system.

The RMA who makes regular trips to China says that, “Some offshore agents (not Australian RMA's) are advertising a service fee of RMB 1million (about AUD$180,000) to get a fake 457.” 

Apparently, the fraud involves the applicant providing to the employer the contract salary upfront. This is then recycled back to the visa holder after the grant of the visa in the form of wages.

 “It's going on in the major cities where Australia has consulates.  It's going on blatantly and yet it seems DIBP in China is asleep at the wheel…they can't seem to get out and make the most simple of checks. The damage being done to Australia's reputation is incalculable.  Decent agents who will not join in this scam are not respected, in fact, we are the brunt of jokes,“ reports the RMA.

This report, amongst others conflict with the ‘clean bill of health’ proclamation by the sc457 review committee and the Minister for immigration Mr Scott Morrison. The Minister said he is satisfied with the program on the basis that government's four-member panel for the sc457 Review found "no evidence to back the widespread rorting claims of the program made by the previous Labor government when they referred [to] 10,000 visa rorters".

Audits by the Fair Work Ombudsman have found up to 40 per cent of foreign workers employed under 457 visas were underpaid, not performing the jobs they were supposed to do or no longer employed by the person who sponsored their entry into Australia, a recent report in The Sydney Morning Herald noted.

The Federal Court has thrown out a challenge by the Maritime Union of Australia (MUA) to measures introduced by the Abbott Government making it easier for foreign workers to be employed on offshore oil and gas projects, reports the ABC.

The action by the MUA was in response to Senator Michaelia Cash’s move which invalidated legislation deeming oil and gas projects to be within Australia’s migration zone. Senator  Cash said the controversial move was necessary to restore certainty to the $200 billion offshore oil and gas sector.

The MUA claimed in court the Federal Government did not have the power to use the legislative instrument in that way. However, the Federal Court has dismissed the legal challenge. It did not find the use of the legislative instrument invalid.

Speaking to the ABC, AMMA chief executive Steve Knott said the court case had been the latest attempt by maritime unions to gain control over an industry that historically operated outside their traditional coverage.

Mr Knott said the ruling gave certainty to both Australian and non-Australian workers in the offshore resource industry.

Scammers are preying on visa hopefuls from the Indian subcontinent and China with the promise of visas, ready jobs with high salaries and short work hours in the fruit-picking and livestock industries.

DIBP has issued a statement that, “[DIBP has] become aware of a fraudulent website work4australia.com that claims to provide genuine migration services to Australia.

“The scam is an offer of a five-year eVisa with a USD4700 fee. It directs individuals to travel to Thailand, where a representative from the supposed organisation receives the payment and provides travel documents to Australia," notes the DIBP statement.

The website was registered sometime in April this year with the registrant listed as Alexndar Kriss according to the domain checking service whois.com. I tried calling the number but there was only an automated answering service response requiring my details be left behind for a callback.

More tell-tale signs of the scam were street address listed as follows: “Stree-11 / Town Point 90 Sippy Downs Dr, Sippy Downs QLD 4556, Queens Land Australia “

The website provides seven images of people representing various nationalities all of whom except the registrant are without surnames. None are registered migration agents. (http://work4australia.com/contact.php)

What will happen to sponsors training funds contributed under Training Benchmark A, should the DIBP approved training institutions close down?

Currently, most of the Training Benchmark A funds from employers seeking sponsorship under the sc457 program find their way to various TAFE institutes largely due DIBPs encouragement.

The legislative instrument however only provides broad directions as follows: “Recent expenditure, by the business, to the equivalent of at least 2% of the payroll of the business, in payments allocated to an industry training fund that operates in the same industry as the business.”

But DIBPS website, PAMs and FAQs generally encourage funds be directed to TAFEs, with PAMs specifically setting as follows:

“To meet the requirements of Training Benchmark A, the applicant can show evidence of having made a contribution to a recognised scholarship fund that is operated by an Australian university or TAFE college that supports education or training for Australian citizens or permanent residents in a course related to the business of the applicant.”