New legislation makes it a criminal offence to pay for 457 sponsorships
Last week the government introduced legislation to the Parliament to make it a criminal offence for a sponsor to be paid by a visa applicant in return for securing a migration outcome.
This is one of the recommendations of an independent review of the integrity of the subclass 457 programme. The government provided its response to this review, Robust New Foundations, in March this year.
The review recommended the introduction of a new penalty making it unlawful for sponsors to receive payment in return for sponsoring a 457 visa.
The Migration Amendment (Charging for a Migration Outcome) Bill 2015 implements this recommendation and expands the application beyond the 457 visa programme to other temporary and permanent work visas.
The practice of giving or receiving a benefit in return for visa sponsorship can have serious detrimental effects including possible exploitation, undermining of Australian pay and conditions and can damage the integrity of Australia’s migration programmes.
Minister Cash said the legislation sends a very clear message to those who are tempted to engage in this type of activity.
‘Those who think they can get away with this kind of behaviour take note – we will target you and we will bring you to justice,’ Minister Cash said.
There will be a framework for criminal, civil and administrative sanctions against sponsors who actively ‘sell’ sponsorships, or seek to obtain an undue advantage in return for sponsoring a person.
The Bill also introduces a new discretionary power to allow for cancellation of a visa where the visa holder has engaged in ‘payment for visas‘ activity.
Minister Cash said the new penalties will further strengthen the integrity of Australia’s migration programme, building on a number of initiatives announced over the past two years.
