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Australian Border Force execute search warrant on migration agent's home and property

Migration Alliance has been given permission to publish limited information in relation to a recent search warrant executed on the residential home of a migration agent on Thursday 12 November 2015.

The Registered Migration Agent (RMA) was making herself a coffee in the morning. She then heard shouting,

'Police'.

Australian Federal Police (AFP), Australian Border Force (ABF) and other 'security' were on the doorstep and pounded on the front door. After the agent answered the door a male stood over her, approximately thirty centimetres away from the migration agent's face. A male enforcer of middle-eastern appearance was shouting at her:

"We are here. Sit down. Is there someone else in the house?"

The agent reports to Migration Alliance that she had to ask him to back off as he was intimidating her.

Under the Crimes Act, the following things have been searched from the premises of the RMA:

  • Car 
  • Laptops
  • Computer hard drives or other electronic storage devices
  • Mobile handsets
  • Mobile telephone subscriber identity module (SIM cards)
  • Media storage devices
  • Computer printers and sample prints

In addition to the above, the search warrant included:

  • Immigration-related client and customer lists
  • Immigration-related client and customer records
  • Contracts of Employment
  • Contracts or agreements
  • Correspondence
  • Correspondence relating to work experience and work references
  • No less than 51 records for different Pty Ltd businesses represented by the RMA, in alphabetical order
  • Files relating to DIBP / DIAC

Some of the items have been retained by the ABF and not yet returned to the agent.

The RMA reports that about twenty (20) ABF turned up, complete with guns and raided her home.

The agent, agent's husband and 3 children live in a quiet neighborhood. It was very lucky that the children were not there at the time as they had just left for school.

The RMA has not been charged with any offences yet.

The ABF/AFP still have the RMAs mobile phone.

The ABF/AFP took cash from the pocket of a jacket inside the cupboard in the bedroom.

A female officer from ABF handed over seizure notices.

They even took the son's computer which has nothing on it but games.

The RMA does not believe that she or her husband have committed any crimes and genuinely has no idea why the ABF/AFP turned up to her home.

The RMA also believes that the ABF/AFP will find nothing.

The agent believes that the complainant is a case officer within the DIBP. The RMA made the ABF/AFP aware of this. The agent has lodged numerous complaints against this particular officer. The case officer has also received complaints from this agent's clients.

The agent said to the ABF/AFP:

"Are all these people necessary? Is this what my taxes are going to? I was born in this country and I am sixth generation Australian and I would never let anything happen to this country."

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Comments

  • Guest
    Naghmeh Danai Tuesday, 24 November 2015

    ???!!!! why did they do this to her? so odd...

  • Guest
    Robert Tuesday, 24 November 2015

    I would suggest the possibility that a case officer instigated it in response to the complaints.

    An alternative might be that the department, sorry "force" instigated it to stifle complaints.

  • Guest
    Shu Mei Tuesday, 24 November 2015

    If they still have not charged her then why they keep her stuff and why not give back her money now? Also why did they do raid with 20 people? This is excessive use of force. Poor agent. And a female too. Being stood over by a male. Terrifying. What were our anti-terror laws again?

  • Guest
    MM Tuesday, 24 November 2015

    Sounds so scary and mysterious. I would like to know of the after story. Did they have a proper search warrant or some sort ?

  • Guest
    T R S Tuesday, 24 November 2015

    Interestingly they did not use powers of S308 or s309 etc via the MARA to gather the information from the agent. So, they just storm in now and 'take'. Migration agents: WE NOW LIVE IN A POLICE STATE.
    I am going to move all my client files to a location where they won't know, so they can't issue a warrant to that address or location.
    This is like whoah! Overboard, overkill.

  • Guest
    Maryann Young Tuesday, 24 November 2015

    Why was she targeted?

  • Guest
    Sharon Tuesday, 24 November 2015

    Migration Agents working hand in hand with the DIBP.
    Just received the email from Angela Chan today where she goes on and on about herself again. Does she not realise that her emails about the MIA's relationship with the DIBP don't ring true when things like this happen?
    Unless this agent is a terrorist, which I highly doubt, why on earth wasn't she politely asked for whatever it was that was needed? The Office of MARA is there to extract this kind of information. I find this a total shock.
    Either way, with 20 people there, I don't see the need for the man to shout at her in her own home and stand 30cm from her face. She should charge him with intimidation.

  • Guest
    Justice Crew 202 Tuesday, 24 November 2015

    Maryann...... read the article. It says the agent does not know why she was targeted and explains that she thinks it was one particular case officer. Also that the information is being limited probably because the agent needs to be careful at this time not to say stuff which could prejudice herself. Just my thoughts.,

  • Guest
    Tanya Tuesday, 24 November 2015

    It can be something serious I suspect this case must be beyond MARA's power that may be why AFP got in to it.

  • Guest
    Robert Tuesday, 24 November 2015

    It is serious - although it may actually be that the response was beyond the "farce's"power - so they involved the AFP (and it's powers) in order to achieve it's end. Are we allowed to comment - or is this an "on water operational matter"?)

  • Guest
    Maryann Tuesday, 24 November 2015

    Sharon, I totally agree. Unless she was involved in terrorism or one of her clients (which we don't know so that's why I asked the question) this behaviour is totally unwarranted. That's why I would be interested in the reason she was targeted.

  • Guest
    Charles Tuesday, 24 November 2015

    Can Migration Alliance check with DIBP about it since the agent is a member of MA and if agent is willing to give permission for MA to enquire, just so to be fair and give the system a benefit of doubt?

  • Guest
    Robert Chelliah Tuesday, 24 November 2015

    Contrast this with a complaint I made to the DIBP visa MARA:
    1. Money laundering over a period of months to deceive DIBP for conversion from Provisional Visa (163 to 8920 ).
    2. well documented sustained on shore unregistered practice to boost turn over
    The DIBP is refusing to advise me on the status of the complaint , as the outcome of the DIBP action has bearing on my subsequent action.

    Would someone please advise me the email ID of the Departments Secretary as I intend to seek his intervention, failing which I will approach the Minister through my local federal MP. will be

  • Guest
    Robert Tuesday, 24 November 2015

    Even if this standover is in response to a "terrorist activity" - it only shows that the "terrorists" have won.

  • Guest
    John Corbeyy Tuesday, 24 November 2015

    The only question that needs to be asked is: was the use of twenty Commonwealth officers required to execute a search warrant excessive? I think the answer is clear. It is demonstrable over-kill.

  • Guest
    better not give the name who know they might show up my place lol Tuesday, 24 November 2015

    this why i stopped being a mig agent in australia in fact stopped altogether
    australia the golden country HAHAHAHA dont make me laugh out loud

    this sort of behavior is condoned by the oz government GOD HELP YOU PEOPLE
    just like NAZZI germany stand over tactics no trining for fed agents mara dima and all
    them other coneys .........neanderthals .......

  • Guest
    Sukhwant Singh Tuesday, 24 November 2015

    if the agent is right, this is very excessive use of force and should be challenged. I wonder if the agent has consulted a lawyer. I would be keen to hear it from the Police point of view. so we know the situation from both sides. In any event, I suggest all of you who want to say something like, "If you have done nothing wrong, you have nothing to fear" re-think this, in my law practice, this is the most naïve statement I have ever heard anyone say in all the various countries in which I have worked!

  • Guest
    Craig Tuesday, 24 November 2015

    20 AFP & ABF? sounds like a terrorism case。

  • Guest
    michelle Tuesday, 24 November 2015

    the agent in question is not related to any terrorism group, weaponary, arms, drugs, fake passports, money laundering or anything of this nature. she is being targeted by the OMARA. The agent has never had any written complaint against her name since registering as an agent some 6 years ago. There is nothing at all that she feels can warrant the excessiveness of ABF and AFP and security that came to her door. Unless they come up with something fruitful, which I'm positive they won't then there's a litigation case on someones front door! awaiting FOI

  • Guest
    Tony Hamilton-Smith Tuesday, 24 November 2015

    1. This is not the first time this happened, migration agents have even been dragged out of bed and their families left traumatised.
    2. Generally, the migration agents, whose homes have been raided, are ones who have been critical of specific Immigration officers.
    3. These Immigration officers have in some way been connected to Investigations.
    4. These matters can take years to resolve.
    5. The raids are often "fishing expeditions".
    6. It is "nice" to see the facade of cooperation exposed.
    7. We should think of our colleague and how we can help.

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