Reporting illegal migration advise

Go Back   Living and Working in Australia Forum With Immigration and Travel Information > Living in Australia > Visas and immigration

Visas and immigration The Australia Forum for visas, immigration and migration to Australia. Please use this section to discuss all your immigration and moving to Australia needs. Discuss visa types, time lines, submission dates, police checks and read our members' immigration success stories here.

Like Tree3Likes

Reporting illegal migration advise


Reply
 
LinkBack Thread Tools
  #1 (permalink)  
Old 06-30-2019, 03:09 PM
Senior Member
 
Join Date: May 2018
Posts: 109
Please update your flag here .

10 likes received
8 likes given
Reporting illegal migration advise

edit: Typo in title, should read "advice"

Since another thread where this topic was being discussed was abruptly closed by a moderator, this thread will be devoted to discussing the issues around providing immigration advice. According to the points listed below many of the posts here on this forum offer advice, and advising anyone is prohibited in Australia - if you are elsewhere, they have no jurisdiction, so anyone can help over the internet if you are not onshore. Doing clerical work or passing on information from a 3rd party is, in fact allowed. See highlighted text in red.

From the DHA website:

Only registered migration agents can legally give immigration assistance in Australia. To do this, they must be listed on the Register of Migration Agents, held by the Office of the Migration Agents Registration Authority. Search the Register of Migration Agents

Immigration assistance (under section 276 of the Migration Act 1958) is when a person uses or claims to use knowledge of, or experience in migration procedure to assist with visa applications or other visa matters by:

preparing, or helping to prepare, a visa application or other document
advising about a visa application or visa matter
preparing for proceedings before a court or review authority in relation to a visa application or visa matter
representing in proceedings before a court or review authority in relation to a visa application or visa matter.

Immigration assistance does not include:

Doing clerical work to prepare (or help to prepare) an application or other document
Providing translation or interpretation services to help prepare an application or other document
Advising another person that they must apply for a visa
Passing on to another person information produced by a third person, without giving substantial comment on or explanation of the information.

Be careful of unlawful operators pretending to be registered migration agents. Always check this website to make sure you are using a registered migration agent. It is important to note the OMARA has jurisdiction to consider complaints about registered migration agents only. If you encounter an unlawful operator providing immigration assistance, report them to the Department of Home Affairs through the Border Watch online report.
Border Watch online report


Last edited by Aztec; 06-30-2019 at 06:34 PM.

Reply With Quote
  #2 (permalink)  
Old 06-30-2019, 03:12 PM
Senior Member
 
Join Date: May 2018
Posts: 109
Please update your flag here .

10 likes received
8 likes given
The official DHA form to report suspected offences:

Australian Government - Department of Home Affairs

Border Watch Online Report

Use the form below to report suspected illegal or criminal immigration, visa, customs and trade activity. We take all reports of suspicious activity seriously and you can choose to remain anonymous.

Fields marked * must be completed. Required fields may change depending on your response to certain questions. Additional fields are not mandatory, but any extra information you are able to provide means we will be able to respond more effectively.

Privacy and security

Make sure that you have read and understood the Department's Privacy statement *
I have read and understood the Department's Privacy statement

Make sure that you have read and understood the Department's Security statement *
I have read and understood the Department's Security statement

You may choose to remain anonymous. If you decide to give us your name and contact details we will treat this in accordance with our Privacy policy.

Do you wish to remain anonymous? Yes / No
Have you provided information about this offence before? Yes / No
Type of offence/report
What is the offence you are reporting?
Immigration or citizenship offence
Customs, trade or border protection offence
Offence details
What specific information do you want to provide that you believe may be of interest to the Department?
Has this offence already occurred? Yes / No
When will/did the offence occur?
Where will/did the offence occur?
How did you obtain this information?
How did you find us?
Submit my report

Please review the details of your report and if you are satisfied, press the submit button below.
If you do not wish to submit a report you can cancel this form, which will erase all information you have entered.
Note: Please press the submit button once, your form may take up to 10 seconds to process.


Last edited by Aztec; 06-30-2019 at 08:38 PM.

Reply With Quote
  #3 (permalink)  
Old 06-30-2019, 03:33 PM
Senior Member
 
Join Date: May 2018
Posts: 109
Please update your flag here .

10 likes received
8 likes given
MIGRATION ACT 1958 - SECT 276
Immigration assistance

(1) For the purposes of this Part, a person gives immigration assistance if the person uses, or purports to use, knowledge of, or experience in, migration procedure to assist a visa applicant or cancellation review applicant by:

(a) preparing, or helping to prepare, the visa application or cancellation review application; or

(b) advising the visa applicant or cancellation review applicant about the visa application or cancellation review application; or

(c) preparing for proceedings before a court or review authority in relation to the visa application or cancellation review application; or

(d) representing the visa applicant or cancellation review applicant in proceedings before a court or review authority in relation to the visa application or cancellation review application.

(2) For the purposes of this Part, a person also gives immigration assistance if the person uses, or purports to use, knowledge of, or experience in, migration procedure to assist another person by:

(a) preparing, or helping to prepare, a document indicating that the other person nominates or sponsors a visa applicant for the purposes of the regulations; or

(b) advising the other person about nominating or sponsoring a visa applicant for the purposes of the regulations; or

(c) representing the other person in proceedings before a court or review authority that relate to the visa for which the other person was nominating or sponsoring a visa applicant (or seeking to nominate or sponsor a visa applicant) for the purposes of the regulations.

(2A) For the purposes of this Part, a person also gives immigration assistance if the person uses, or purports to use, knowledge of, or experience in, migration procedure to assist another person by:

(a) preparing, or helping to prepare, a request to the Minister to exercise his or her power under section 351, 417 or 501J in respect of a decision (whether or not the decision relates to the other person); or

(aa) preparing, or helping to prepare, a request to the Minister to exercise a power under section 195A, 197AB or 197AD (whether or not the exercise of the power would relate to the other person); or

(b) advising the other person about making a request referred to in paragraph (a) or (aa).

(3) Despite subsections (1), (2) and (2A), a person does not give immigration assistance if he or she merely:

(a) does clerical work to prepare (or help prepare) an application or other document; or

(b) provides translation or interpretation services to help prepare an application or other document; or

(c) advises another person that the other person must apply for a visa; or

(d) passes on to another person information produced by a third person, without giving substantial comment on or explanation of the information.

(4) A person also does not give immigration assistance in the circumstances prescribed by the regulations.


Last edited by Aztec; 06-30-2019 at 08:32 PM.

Reply With Quote
Sponsored Links
Advertisement
 
  #4 (permalink)  
Old 06-30-2019, 08:29 PM
Senior Member
 
Join Date: May 2018
Posts: 109
Please update your flag here .

10 likes received
8 likes given
So as a test, I have submitted some posts from members/moderators on this forum who have advised others on immigration matters to DHA's Border Watch portal (see above) to see what their response will be. I have also asked DHA what the penalties are for such infractions and included information on the holding company of this forum: Vertical Scope, headquartered in Toronto, Ontario, Canada in the event they require the members identities / contact info to determine if they reside in Australia and if they will pursue an investigation.

My feeling, (confirmed by an Australian lawyer), is that a few posts here and there won't be an issue, but thousands of posts over a substantial time span by a single member could be construed as of providing advice. Curious if DHA will investigate?


Last edited by Aztec; 06-30-2019 at 08:35 PM.

Reply With Quote
  #5 (permalink)  
Old 06-30-2019, 08:38 PM
Senior Member
 
Join Date: May 2018
Posts: 109
Please update your flag here .

10 likes received
8 likes given
deleted : duplicate post


Reply With Quote
  #6 (permalink)  
Old 06-30-2019, 09:30 PM
Senior Member
 
Join Date: Sep 2013
Posts: 6,826
Users Flag! From australia

1423 likes received
400 likes given
You don't think DoHA do not monitor this and other sites?

They would be foolish not to.


Reply With Quote
  #7 (permalink)  
Old 06-30-2019, 10:48 PM
Senior Member
 
Join Date: Dec 2014
Location: Syney NSW
Posts: 4,570
Users Flag! From australia

799 likes received
369 likes given
Quote:
Originally Posted by Aztec View Post
So as a test, I have submitted some posts from members/moderators on this forum who have advised others on immigration matters to DHA's Border Watch portal (see above) to see what their response will be. I have also asked DHA what the penalties are for such infractions and included information on the holding company of this forum: Vertical Scope, headquartered in Toronto, Ontario, Canada in the event they require the members identities / contact info to determine if they reside in Australia and if they will pursue an investigation.

My feeling, (confirmed by an Australian lawyer), is that a few posts here and there won't be an issue, but thousands of posts over a substantial time span by a single member could be construed as of providing advice. Curious if DHA will investigate?
Unless thery are being paid for it, the minister is unlikely to pusue unregistered people in Australia who offer migration advice and unlike Canada does nothing about unregistered agents overseas, whatever their transgressons.

The minister, notwithstanding various claims to the contrary, has jurisdiction to declare overseas agents 'pesona non grata' and bar them. I shall leave leave finding the relevant legislation as homework.

__________________
Westly Russell
Registered Migration Agent
Number 0316072
pinoyau.com

Last edited by wrussell; 07-02-2019 at 12:25 AM. Reason: spelling

Reply With Quote
  #8 (permalink)  
Old 07-01-2019, 03:39 AM
Moderator
 
Join Date: Jul 2011
Posts: 5,132
Users Flag! From canada

1512 likes received
148 likes given
Perhaps they will investigate, and if it turns out people have stepped over the line and action needs to be taken, I guess they will.

Now hopefully forum members can return to their normal programming of discussing visa issues.
__________________
186 visa - Temporary Residence Transition stream
Granted Dec 2013

Reply With Quote
  #9 (permalink)  
Old 07-01-2019, 04:31 AM
Senior Member
 
Join Date: May 2018
Posts: 109
Please update your flag here .

10 likes received
8 likes given
When forum members/moderators warn others of potential illegal activity of dispersing advice, then a thread that investigates and clarifies that by posting information from the government agency responsible is by definition a visa issue. At least this is the view of those in the legal profession.


Last edited by Aztec; 07-01-2019 at 04:54 AM.

Reply With Quote
  #10 (permalink)  
Old 07-01-2019, 05:44 AM
Senior Member
 
Join Date: May 2018
Posts: 109
Please update your flag here .

10 likes received
8 likes given
Quote:
Originally Posted by ampk View Post
You don't think DoHA do not monitor this and other sites?

They would be foolish not to.
I very much doubt they have the staff or budget to do that? If they are alerted to something, then maybe they'll pay closer attention.


Reply With Quote
Reply

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On


LEGAL NOTICE
By using this Website, you agree to abide by our Terms and Conditions (the "Terms"). This notice does not replace our Terms, which you must read in full as they contain important information. You must not post any defamatory, unlawful or undesirable content, or any content copied from a third party, on the Website. You must not copy material from the Website except in accordance with the Terms. This Website gives users an opportunity to share information only and is not intended to contain any advice which you should rely upon. It does not replace the need to take professional or other advice. We have no liability to you or any other person in respect of any content on this Website.


All times are GMT. The time now is 02:25 PM.




Powered by vBulletin®
Copyright ©2000 - 2019, vBulletin Solutions, Inc.
SEO by vBSEO
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2019 DragonByte Technologies Ltd.
AustraliaForum.com