In the latest crackdown on 457 visa sponsorship, Australian officials have cancelled the sponsorship agreement of an Indian restaurant in Melbourne.
It has been barred from the popular short term visa programme for five years after failing to meet a range of sponsorship obligations, including on pay and conditions.
One employee’s salary fluctuated based on daily takings and another employee was underpaid by more than $4,000 and Assistant Minister for Immigration and Border Protection, Michaelia Cash, said the case serves as a warning to other 457 visa sponsors to uphold their responsibilities and act lawfully.
‘This action by the Department of Immigration and Border Protection is a result of months of monitoring. The business failed to maintain its responsibilities on a number of fronts, including the obligation to keep records, to provide equivalent terms and conditions, and to not provide false and misleading information,’ said Cash.
The infringement notice was issued in August 2014, and included a fine of $15,300 for failing to keep records. In January 2015, further breaches of obligations were found and the sponsorship agreement was cancelled and a five year ban was placed on future applications.
‘The Department is constantly monitoring 457 sponsors to ensure they are operating appropriately. Businesses acting in good faith have nothing to fear, but we want to send a strong message that if you breach your obligations, you can expect to face the consequences, including fines and cancellation of your sponsorship,’ Cash explained.
The most up to date published data shows that in the first quarter of 2014 some 199 Illegal Worker Warning Notices were issued, compared with 55 for the same period in 2013. There was a 28% increase in field action, with 1,475 field actions occurring in the same period.
Meanwhile, figures suggest that there are more than 30,000 ‘invisible’ migrants living in Australia illegally for more than five years. According to the Migration Institute many are people who arrived on visas, most commonly visitor and student visas, but who have overstayed.
Immigration Minister Peter Dutton has warned that he will take a hard line approach to unlawful migrants overstaying their visas, insisting most will be sent home as soon as they can be identified.
It is suggested that more than 20,000 illegal migrants have been in the country for more than a decade, many of whom would be living ‘normal lives’ but in constant fear of authorities.