Jane Prentice (Ryan, Liberal Party) Share this | Hansard source

I rise to support the Migration Amendment (Charging for a Migration Outcome) Bill 2015, which amends the Migration Act 1958. This bill is about preserving the integrity of Australia's skilled migration program, and prohibits conduct relating to 'payment for visas' activity. The bill, inter alia, introduces a new criminal and civil penalty framework, which makes it illegal for any person to seek or receive a payment or benefit in exchange for a sponsorship related event.

The bill defines a benefit as:

… a payment or other valuable consideration, a deduction of an amount, any kind of real or personal property, an advantage, a service or a gift …

The bill also gives the Minister for Immigration and Border Protection the power to cancel a visa if they are satisfied that a benefit was asked for or received by the sponsor, or offered or provided by the visa holder.

This bill is in response to recommendation 10.7 of the Independent review into integrity in the subclass 457 program released on 10 September 2014. It said:

That it be made unlawful for a sponsor to be paid by visa applicants for a migration outcome, and that this be reinforced by a robust penalty and conviction framework.

The review, which was instigated by the then Assistant Minister for Immigration and Border Protection, Senator the Hon. Michaela Cash, heard anecdotal evidence that some individuals and businesses were in effect selling sponsorship to 457 visa applicants, which currently is not unlawful in Australia. This practice disadvantages legitimate visa applicants, drives down domestic wages, takes job opportunities away from qualified Australians and places affected visa holders at serious risk of exploitation and extortion. Worst of all, it undermines the integrity of Australia's skilled migration program by allowing unscrupulous business owners to gain a private advantage by circumventing Australian migration law.

The bill applies to all temporary and permanent sponsored skilled visas, and includes various visa subclasses. For visa sponsors, the bill makes it a criminal offence to ask for or receive a benefit in return for sponsorship. The bill does not discriminate with regard to corporate structures; it makes liable executive officers of corporate bodies, members of business partnerships and committees of unincorporated associations. Importantly, the bill operates extra-territorially to capture any contravening conduct that occurs outside of Australia—particularly in the visa applicant's home country. The bill also equips the Department of Immigration and Border Protection with additional investigative powers.

As I am sure is the case with all members in this House, I am frequently called upon by constituents and non-citizen residents to provide assistance with immigration matters. Fortunately, the majority of applicants and sponsors that I come across are good people who do the right thing. While the conduct of 7-Eleven franchisees predominantly concerns the exploitation of student visa holders, it does demonstrate the position of power that employers have over foreign workers, and how foreign workers can be compromised by unscrupulous employers.

The Migration Amendment (Charging for a Migration Outcome) Bill 2015 is necessary to ensure that the integrity of Australia's skilled migration program is preserved. This bill protects Australian wages and working conditions, and protects skilled visa holders from risk of exploitation. It sends a clear message both to sponsors and to visa applicants that the Australian government will not tolerate any attempt to gain a private advantage by undermining Australia's migration system. I commend the bill to the House.

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