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Australian Immigration Law blog

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What does it take to get anything done?

One of our colleagues has been in contact with everyone he can concerning what appears to be the provision of immigration assistance by unauthorised persons. even if the owners of the business were using RMAs then the advert is non compliance.  Here is the complaint:

Please note attached immigration integrity complaint thus far sent to:

  1. Minister for Immigration and Border Protection – 3 times
  2. PM – once and thank you for the response, the only one I received
  3. DIBP – allegations area 3 times
  4. Senator Brandis – my local Senator but also AG as chief law officer
  5. The Migration Institute of Australia - representations to the Department.

Now copied to

  1. Richard Marles, Opposition Immigration spokesperson.
  2. Bernie Ripoll – my federal MP. 

Whatever may or may not have happened, the advertising continues this week. Translated copy attached. My submission makes suggestions for an easy cessation of the advertising. It gives full contact details for the locals. I am making it easy for you. This current advert translated suggests that no money is needed to study as an international student in Australia. Does this suggest fraud? It also illegally promotes other visa types, see the legislation below. 2 years’ jail. It is also undermining local registered migration agents/lawyers who are heavily regulated and trying to earn an honest living. New Zealand does NOT allow unregistered businesses to even lodge applications.  

The offence being committed has a 2-year jail sentence, somewhat serious? There was visa fraud perpetrated on this same Vietnamese community late last year with a jail sentence given to a DIBP officer and fraud in excess of $500,000 identified. 59 migrants had visas cancelled. Isn’t one event enough?

Section 285     Restriction on other advertising of immigration assistance 

(1)      Subject to this section, a person must not directly or indirectly advertise that another person who is not a

registered migration agent gives immigration assistance.

Penalty:      Imprisonment for 2 years.

 

Section 280      Restrictions on giving of immigration assistance

[280] (1)      Subject to this section, a person who is not a registered migration agent must not give immigration

assistance.

Penalty:      60 penalty units.

 

I simply ask for some action. A “cease and desist” letter to the papers would be a good, quick, easy start? I do not need to know what is done but I will see the adverts stopped. 

original-vietnamese.PNGoriginal-vietnamese-2.PNGtranslated.PNG

Canberra we have a problem! Please do something...anything ..just something.

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Comments

  • Guest
    Michael Monday, 01 February 2016

    Open Google. Type in: level 6 138 albert street Brisbane Qld 4000
    Read the occupants of level 6. Follow up the website links. Enjoy it.
    Does this help with the investigation?

  • Christopher Levingston
    Christopher Levingston Tuesday, 02 February 2016

    Thanks Michael,
    Hopefully the Border Force people will do their job and we know that the Department and the Ministers office read the blogs on the MA website.
    Perhaps a WTF from the Minister would assist in the resolution of the matter.
    It makes him look bad.
    After all how hard can it be?

  • Guest
    Edith Tuesday, 02 February 2016

    Hi guys, sorry for taking the critics role here, but it looks rather like a silver tongue explanation of available options according of student visa rules and related systems, than an abhorrent web of lies aimed to deceive and rob vulnerable hopefuls. Don't get me wrong, I'm not defending any unregistered practice at all, I'm advocating against it like all other fellow RMA-s. Just merely pointing out that technically, what the ad promotes is true.

    It does not claim that studies are free in Australia, only that no evidence of financial background is needed, which is indeed the case by default for SVP applications, and indeed on completion of Higher Education studies of minimum 2 years, a former student is eligible for Sc 485 Graduate visa, Post Study Work stream. Also, it is not impossible for a lucky few who manage to secure a skills assessment of a SOL occupation and enough points with it to go over the threshold to apply for skilled migration, or even if they are lucky enough to land an employer sponsorship they can get there.

    These are the facts of the current visa regime, and the ad appears to rather pointing them out, quite simplistically and in a luring kind of manner I admit, but to be absolutely honest, I do not see any false or misleading information or self representation offered in it.

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