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Migration Alliance has been asked to assist an Australian TV station to create a half-hour investigative TV program looking at visa rorts. The TV station is trying to identify and expose the perpetrators who are making money, but also tell the stories of victims. They are also working with language programs, so that the stories will also go out in other languages on their language platforms. The idea is to create awareness of the kinds of rorts that are out there, but to also highlight the plight of the victims and the difficulties they might have in getting justice.
The TV station is hoping to talk to victims and see if anyone is willing to share their story.
These are the types of people the TV station is hoping to find:
- Person who paid a dodgy agent or employer for sponsorship, but lost their money and didn’t get a visa, where it was clear they were just paying for the visa and a pathway to PR. We understand that this is very sensitive, but from what we hear, not uncommon. We understand that those who get scammed feel so much shame and like they have no way to get their money back.
- Person who paid a dodgy agent or employer some money for a “job application fee” or similar, but the sponsorship and job never eventuated (eg. Eddie Kang or Abel Prasad type scenario)
- Victim of a failed “contract marriage” – where they married someone with the ultimate aim of PR, but it turned out badly (maybe the ‘sponsor’ asked for more money, or exploited them in some way)
- Any other permutations that we haven’t thought of…
We know that people are often really worried about speaking out, as they have ongoing visa concerns or worry that they have broken the law by offering money for sponsorship. The TV station can guarantee their anonymity, and that they won’t reveal information about them to anyone. There are lots of ways the TV station can film that won’t identify them, and it’s something they do quite often.
We have heard some really sad stories already, for example, of foreign students being scammed and losing their parents’ life savings in their attempts to stay in Australia. That’s the kind of story we think will resonate with viewers and lead to public education on this widespread issue.
If you or one of your clients has been affected by a visa rort / scam please email This email address is being protected from spambots. You need JavaScript enabled to view it. with your story. We can then pass it on to the TV program with your permission. This safeguards you / your client before you agree to release your story or information.
It may also be beneficial to highlight/explain the way that the DIBP supports and effectively encourages and contributes to such behaviour. I would really like to agree that the majority of agents are ethical. Unfortunately, in my office, I see a constant parade of victims of agents who are either shonky, incompetent, or both.
Can the TV program please explain how the DIBP actually aids and abets shonky agents by allowing them to submit visas for Australian visa applications? Canada and NZ don't allow unregistered agents to submit visas for people, but the DIBP do! They also give out offshore IDs to unregistered agents.
Yes, "DIBP aids and abets the rorts", you are absolutely correct, and that is to what I eluded. Unfortunately, and I think I am correct in saying, there is nothing to stop applicants lodging their own visa applications? Hundreds of agents (including registered agents!!) are being paid by clients to lodge visa applications under the client's name, because they know that the application has little or no chance of success. However, the shonky agent is still the "line of communication" with the DIBP. I am sure that you (and most people) know how this is done. However, in the interests of not "educating" anyone, I will not detail the process here.
There are many elements to this.
1. DIBP does not actively shut down illegal (non-registered Migration Agents)
If it did much of that problem would disappear with people in goal (jail) or heavily fined. (Eddy Kang - perfect example)
2. Unregistered Migration Agents can also include a fear factor with the client
3. Registered Migration Agents are not well received by DIBP
Submit an application as a migration Agent for many classes and you will see Bias from the case officers as opposed to the client submitting themselves
4. Applicants who rely on the Immigation website are being set up for failure. It is misleading for many visa classes and lacking in information (this is a trap for applicants)
5. GTE is an abusive tool used by Case officers aggressively and with impunity. It is a baseless assumption on the part of the Case Officer in most cases with many ridiculous reasons for refusal.
6. The DIBP by applying GTE in this way encourages rorts of the system. Migration Agents are penalised and individual applicants given more leeway
Case officers also have disliking of migration Agents who challenge them. This means DIBP is responsible for at least some of the abuse of the system.
7. The law is the law. If the rorts exist it is because the law allows them.
8. Not imposing the law also gives license to the unregistered agents and registered agents to adopt processes that are not intended by the system
9. As a migration Agent we are expected to look to the best interests of our clients. In doing so we are able to use the full effect of the migration law and migration regulations.
10. Immigration policy is NOT LEGAL
But used extensively in the delivery of decisions
This is the greatest RORT of the system and far more widespread than any individual or group of people
11. RORTS????
Process that get around the intention of the legislation but do not break the law?
How is that a RORT?
12. Process that give the applicant an advantage, All be it for a short time, If allowed by the regulations is not a rort.
13. DIBP more often than not gives false information to people calling to ask how to apply for visas and other reasons
I can give so many examples
One in particular stands out
3 calls by the person to Immigration
Wait time on each occasion more than 1 hour
Question
I have to travel overseas on Friday (Called on Tuesday and Wednesday)
My Citizenship was granted today (Tuesday)
The reason I am travelling is my cousin passed away and I want to attend the
funeral.
ANSWER: (3 Times)
YOU CAN USE YOUR CITIZENSHIP Certificate to travel
Upon calling me to confirm this he was told definitely not . It is not a travel
document
14. Few agents do twist the system
This is predominantly from a limited number of countries
15. Immigration has a list of risk factor Migration Agents and uses this in the application process (they deny this but have it - I have seen a copy)
16. If so many are rorting the system why aren't they in Goal (jail)?
17. The rorting that is being suggested is in relation to the work visas and Employer sponsored Permanent Visas.
If the documents and the criteria stack up then the application can be granted and if not refused (RORTING? - Does this indicate DIBP are not doing their job effectively?)
18. When is DIBP going to take responsibility for their failures and stop blaming the profession?
19. I have personally seen such extreme prejudice from managers and case officers on many occasions. Why does DIBP allow this if it is concerned with RORTS?
20. A Filipino was stripped of her visa and citizenship about 2-3 years ago because she paid a high sum to someone to fix the visa
When she was caught out she was asked the following
Did you take an IELTS test (YES)
When (cant remember exactly) - She did not take IELTS at all
DId you have a skills assessment done (YeS)
When was that (Cant remember) - She did not have a skills Assessment
She had paid a huge sum and the person she paid it to had a contact in Immigration:
This Immigration case officer processed the Skilled Migration visa without
ENGLISH
SKILLS ASSESSMENT
And received a big some of money to do so.
I hear of other case officers doing this and they are quietly dismissed when caught out but most are not caught
Delhi
Manila
Are examples of where this was and is still happening
I know of many examples of paying case officers for services and how i happens and have passed this on to Immigration on a number of occasions.
DIBP blames the migration agents?
IT is time for DIBP To take responsibility for their own involvement in the RORTING.
When you are providing information to anyone in the media, make sure it is on the proviso that specifically says that vast majority of the Migration Agent profession are genuine, hard working people, working for their clients' best outcome, and that only a few agents are dodgy.
Too often the media portrays our profession as being made up entirely of dodgy people praying on the vulnerable.