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Migration fraud likely to get worse
As the media sieves through hundreds of leaked documents and reports covering the period between 2008 and 2013, more allegations of visa fraud and the department’s inability to deal with it have emerged. With the budget cuts and the merger of the Immigration and Customs, which will result in fewer staff managing the already crippled system, things are likely to get worse.
Here are some of the allegations highlighted in the reports:
- As many as nine in 10 skilled migrant visas may be fraudulent. Fraud within the General Skilled Migration program is extensive with estimates at around 90 per cent [or] more than 40,000 suspect visa applications lodged per year for the last three years''.
- More than 90 per cent of Afghan cases in 2012 contained "fraud of some type" and raised "people smuggling, identity fraud, suspected child trafficking and national security implications".
- A Somali people-smuggling cell operated in Melbourne linked to terrorist suspect Hussein Hashi Farah, who "is believed to have links to the al-Qaeda offshoot al-Shabab" and who fled Kenyan counterterrorism officials using an Australian passport in 2010. But the departmental file shows that a 2009 investigation into the cell's activities was "deemed low priority and ceased due to a lack of resources".
- There is an organised immigration crime network consisting of a facilitator with suspected Pakistan terrorist links, along with "migration agents, employers and education providers. Fairfax Media has confirmed this network was never properly probed, allowing many of its members - including federal government licensed agents - to continue to operate.
- Tens of thousands of immigration fraudsters are living freely after being assisted by migration crime networks exploiting weaknesses in working, student, family and humanitarian visa programs, including loopholes that have left the department sometimes ''generating the fraud''.
- The department is ''responsible for granting a record number of student visas to people who may not be considered genuine students as well as granting permanent residence to skilled migration applicants who do not have the appropriate skills being claimed''.
In 2013, department chiefs were warned in a confidential report that the agency's investigations arm had collapsed, risking ''the integrity of its programs and ultimately national security''. Immigration Department insiders have warned that investigation failures are set to worsen with the merger of the Immigration and Customs departments into a ''border force'' in 2015 because of corresponding budget cuts, and uncertainty as the new agency ''finds its feet''.
Comments
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Monday, 11 August 2014I Agree witth Karl; the Department nor the MARA have the resources, skills and will to look into immigration fraud committed by large syndicates in cahoots with unregistered overseas practices (as it is emerging); the spin the Department keeps giving this issue - unregistered advisors in Australia and bringing the big T word into it is laughable...
The majority of hard working agents in Australia who work in small businesses or in partnership with other registered agents are not the ones perpetrating this high scale fraud - Migration Faud is highly sofisticated and is, in my humble opinion, linked to organisations who probably have links within government (god forbid, I've just said the G word...) which are known but not effectively dealt with but rather, focussed on deflecting attention to smaller agents, some of whom do stupid things and then get caught and are crucified as examples of MARA's might (the Eddie Kang saga comes to mind - his 'hired' RMAs got lumpled with his stuff ups, not Eddie...)
it is far easier to allow unregistered overseas practices with interesting and internal links with overseas posts (this is not new and it's not going to stop overnight), turn a blind eye to mega education agent organisations which we know are providing unregistered immigration advice and hope that those 'pesky' high flyer networks sort themselves out. Well, they won't and blaming previous government administrations is a major cop-out, as usual - any kind of fraud related to government programs has its tendrils firmly and insidiously established within these programs, otherwise its success would be short lived (or caught out)
Government departments and quasi independent registration authorities managed by their government minders CANNOT investigate fraud within iself as it defeats the purpose of independence and probity and when they do it, it never goes anywhere...
We must have an independent Immigration Commission which looks at ALL players within the industry, not just the departmental clients and the registered migration agents as is these two were the devil in tne detail...
it would be interesting to see the outcome of the Indepdendent Review and whether our responses were considered... -
Monday, 11 August 2014
To address a few issues regarding this post.
Firstly, when using quotes, specific reference to the actual quote will give readers a much fairer idea as to source and context. I do not refute the verity of same but believe that open and traceable reference is essential to good journalism.
Secondly, the suggestion that 90% of all applications involve fraud cannot be taken at face value. Please show evidence that this is the case. This reflects upon our profession as a whole, given the fact that many of those 90% of applications must have been submitted by RMAs.
Thirdly, the Department is also responsible for refusing student visa applications that would, almost beyond doubt, have been overturned were there to be some recourse for review. The pathetic reasoning for refusals are a blight on what is supposed to be a fair and reasonable process. That an applicant did not choose to consider studying English in a Bangladeshi Institute has been cited as reason to determine non-genuineness sums it up. It would seem patently obvious that the Department lacks good judgement in refusing genuine applicants whilst approving [should Fairfax confirmation be worth an iota of credibility] non-genuine applicants.
When DIBP has the integrity to legislate to allow proper scrutiny of all decisions, when DIBP is responsible for the costs of MRT appeals, we may see better decisions. As it stands now, we have a situation where poor decisions, either good or bad, are left to the whim and will of case officers who have zero qualifications in migration law.
I wholeheartedly support an independent Immigration commission to sort out the current and ongoing problems with fraud, poor decisions and the revelation that DIAC staff have been involved in criminal behaviour. -
Monday, 11 August 2014
Thank you for you comment Robert. Regarding your point about quotes, please note that this blog, and most others for that matter by this writer, only aims to provide a bare bone summary for busy practitioners. The full article may give you the details you require, perhaps:
http://www.smh.com.au/federal-politics/political-news/terror-touches-down-visa-fraud-migration-crime-rampant-immigration-department-files-reveal-20140806-3d8wj.html
You may also find Wayne Sievers report interesting: http://migrationalliance.com.au/immigration-daily-news/entry/2014-08-the-australiam-immigration-fraud-report-by-wayne-sievers.html
Cheers
Jerry Gomez -
Monday, 11 August 2014
Thanks for your links, Jerry. My previous blog was posted prior to Bea's being available to view. I do support Bea's position knowing how the "little guy" , who lacks resources, will always be the culprit whereas institutionised fraud will continue to be ignored.
Immigration blog
There is a demonstrated real need for an Independent Immigration Commission to STAMP OUT fraud.
This means that the Immigration Commission would spend energy and time investigating companies, unregistered agents, education agents giving immigration advice (not lawful).
Companies as well as agents need to be investigated. The DIBP cannot do this job.
It's now become bleedingly obvious. Get rid of the MARA and get rid of 'Investigations' from inside the DIBP. It's not working.