Labor takes aim at migration agents gaming the visa system
A comprehensive strategy to reduce net overseas migration, the Australian government is introducing measures to target migration professionals lodging non-meritorious visa and protection applications. This enforcement coincides with further regulatory tightening across the sector, including new international student rules commencing today and recent updates to skilled visa processing workflows
Government Takes Aim at Dodgy Migration Agents and Rewrites Visa Rules
The Australian Government is launching a major crackdown on migration lawyers and agents who help people file hopeless visa applications. Assistant Citizenship Minister Julian Hill is calling out professionals who sell "false hope" to migrants who have no real chance of legally staying in Australia.
Why the Government is Stepping In
The government is trying to cut Australia’s net overseas migration from 292,100 down to 225,000 by the next financial year. Because the government could not get the political opposition to support new immigration laws, they are using ministerial powers and regulations to force these changes through instead.
Shocking Examples of System Exploitation
Minister Hill highlighted several extreme examples of lawyers and agents gaming the system for profit: • Filing to fail: One lawyer openly told the government their client knew they didn't qualify for a visa, but wanted a refusal just so they could appeal it and drag out their stay. • Fake companies: Another agent filed a massive number of employer visas linked to a single address and businesses that had already gone bankrupt. • Coaching clients to lie: Online ads have been caught teaching clients how to fake protection claims, including advising people to lie about being bisexual or pretend they are facing persecution in their home countries.
The Visa Backlog Crisis
Because people are using long appeal processes to stay in the country, the system is heavily clogged: • Bridging visas: The number of people living in Australia on bridging visas has more than tripled, skyrocketing from 130,000 in 2017 to 413,000 this year. • Massive rejections: Roughly 90% of protection (asylum) claims are rejected on the first attempt, and 90% are rejected again on appeal. • The backlog: Nearly 37,000 rejected asylum cases are currently stuck waiting for a review by the Administrative Review Tribunal. Hunting Down "Rogue" and "Fake" Agents Under the old rules, registered agents could legally file a hopeless visa application as long as the client signed a form saying they understood it would likely fail. The government is changing the code of conduct to completely ban agents from filing cases they know have no legal basis. Additionally, a new government taskforce will hunt down unregistered "fake agents" who illegally take money from vulnerable people for migration advice.
Major Changes to Student and Skilled Visas
Several other major visa updates are rolling out immediately: • International students: New restrictions starting today will stop students from jumping between different visas to stay in the country, limit course switching, and stop many from bringing family members to Australia. • Skilled workers: The government previously paused offshore skilled visas to slow down migration, which caused severe shortages of nurses and teachers. They are now fast-tracking visas for critical fields like healthcare, construction, teaching, mining, and farming. They are also rewriting the points test to favor tradespeople who can build homes. • Character checks: Later this month, strict new rules will place a heavier focus on blocking or deporting visa holders who have a history of domestic violence, worker exploitation, or hate crimes.
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