A New South Wales, South Coast, aged care provider has been sanctioned by the Australian Border Force (ABF) requiring them to repay nearly $120,000 to sponsored employees, following an investigation that found it had unlawfully recovered sponsorship-related costs from migrant workers.
Acting on a Border Watch report, ABF officers from the Department of Home Affairs Sponsor Monitoring Unit launched an investigation into the company.
The investigation revealed the business had sponsored 19 workers under the Skills in Demand (Subclass 482) visa, with 13 workers affected by breaches totalling $118,197.
Officers conducted an unannounced site visit, interviewing sponsored workers and company representatives. The investigation revealed that sponsorship-related costs had been recovered from migrant workers, which is prohibited under Australia’s migration laws.
Two workers told officers they had paid $17,449 and $19,847 respectively toward nomination and visa application costs and provided supporting evidence.
These obligations are designed to protect temporary visa workers from exploitation and strictly prohibit approved work sponsors, from recovering, transferring, or shifting sponsorship-related costs onto visa holders.
In April, the company acknowledged the breaches in relation to the 13 sponsored workers and took steps to rectify the non-compliance, including by repaying all affected workers in full.
The company is now subject to a six-month bar from making new sponsor nomination applications, this case has put the aged care sector on notice.
Information about sponsorship obligations and employer sanctions is available on the Department of Home Affairs website: Sponsorship obligations and Register of sanctioned sponsors.
Anyone with information relating to potential immigration offences or suspicious activity is encouraged to contact Home Affairs and make a report online at Border Watch. Reports can be made anonymously.
Quotes attributable to ABF Acting Commander Tim Thorley, Field Operations and Sponsor Monitoring:
“This investigation resulted in more than $118,000 being returned to affected workers and demonstrates the ABF’s commitment to enforcing sponsor obligations and addressing exploitation within the migration program.
“Employers who attempt to avoid their sponsorship obligations should expect to be detected, investigated, and held accountable.
“The ABF conducts targeted and unannounced compliance activities across Australia and will take action where sponsors fail to comply with their legal responsibilities.”
