Sponsorship scams

Siri Linde made this Freedom of Information request to Department of Home Affairs

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Dear Department of Immigration and Border Protection,

I am a international journalist student at Macleay College in Sydney, NSW. I am trying to investigate the Reason behind why "Australian Sponsorship Scams" has become such a viral issue, and was hoping that you would be able to provide me with some documents to help me do so.

At https://www.border.gov.au/Trav/Work/Work-1, You are mentioning the following:

"In 2014-15, we monitored 2,199 sponsors, resulting in 321 sanctions and 20 financial penalties. We cancelled 9,743 subclass 457 visas where visa holders were found to be in breach of their visa conditions."

I was hoping that you could provide me with more specific cases with detailed, legally documents (contracts) or even court cases were there's been enough sustainable evidence to prove a sponsorship scam and legally cancel a visa.

Have there been any serious cases that has led to imprisonment? If so, may I have a look at the case file and final conviction.

I would also like to have a look at what the consequences for the business/employer may be. Have it ever lead to a business having to close down? License behind withdrawn? In that case, Can you please provide me with an example of these contracts.

I would also like to see an example of what a "Sponsorship scam" contract may look like. Is there even an actual legal contract? Or has most of these cases been more of verbal agreements?

Please

Yours faithfully,
Siri Linde

**This is an automated response. Please do not respond to this email**
Information updated 17 November 2015

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Yours Sincerely

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Freedom of Information Section

Department of Immigration and Border Protection

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Good morning

 

Thank you for your email dated 24 February 2016 in which you
have submitted an application for access to documents under the Freedom of
Information Act 1982 (FOI Act) .

 

In order for a request for access to documents under the FOI Act to be
valid, it must:

(a)  be in writing; and 
(aa)  state that the request is an application for the purposes of this
Act; and 
(b)  provide such information concerning the [1]document as is reasonably
necessary to enable a responsible officer of the agency to identify it;
and 
(c)  give details of how notices under this Act may be sent to you (for
example, by providing an electronic address to which notices may be sent
by electronic communication).

 

Your request is not currently a valid request for the purposes of the FOI
Act because you have not provided such information concerning the document
you are seeking as is reasonably necessary to enable a responsible officer
of the Department to identify it.

 

Please note that if you are seeking information of a broad nature, the
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Department considers the request would substantially and unreasonably
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limiting the scope of your request by providing more detailed information
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I note that you have requested access to information that is likely to
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to manage personal information in a manner that is consistent with the
Privacy Act.  Any request to the Department for access to such information
under the FOI Act will be considered individually on its merits taking
into account any exemptions under the FOI Act that may apply,
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business affairs information.

 

Finally, I also note that you are not seeking access to your own personal
information.    Charges may therefore be imposed by this Department in
accordance with the Schedule to the Freedom of Information (Charges)
Regulations 1982.  A copy of that schedule is set out below for your
information:

 

Table 1: Charges listed in Schedule to the Charges Regulations

+------------------------------------------------------------------------+
|Activity item |Charge |Schedule |
|--------------------------+-----------------------+---------------------|
|Search and retrieval: time|$15.00 per hour |Part I, Item 1 |
|spent searching for or | | |
|retrieving a document | | |
|--------------------------+-----------------------+---------------------|
|Decision making: time |First five hours: Nil |Part I, Item 5 |
|spent in deciding to grant| | |
|or refuse a request, |Subsequent hours: $20 | |
|including examining |per hour | |
|documents, consulting with| | |
|other parties, and making | | |
|deletions | | |
|--------------------------+-----------------------+---------------------|
|Electronic production: |Actual cost incurred by|Part I, Item 3 |
|retrieving and collating |the agency or minister |Part II, Items 4, 4A,|
|information stored on a |in producing the copy |6 |
|computer or on like | | |
|equipment | | |
|--------------------------+-----------------------+---------------------|
|Transcript: preparing a |$4.40 per page of |Part I, Item 4 |
|transcript from a sound |transcript |Part II, Item 7 |
|recording, shorthand or | | |
|similar medium | | |
|--------------------------+-----------------------+---------------------|
|Photocopy: a photocopy of |$0.10 per page |Part II, Item 2 |
|a written document | | |
|--------------------------+-----------------------+---------------------|
|Other copies: a copy of a |$4.40 per page |Part II, Item 3 |
|written document other | | |
|than a photocopy | | |
|--------------------------+-----------------------+---------------------|
|Replay: replaying a sound |Actual cost incurred in|Part II, Item 5 |
|or film tape |replaying | |
|--------------------------+-----------------------+---------------------|
|Inspection: supervision by|$6.25 per half hour (or|Part II, Item 1 |
|an agency officer of an |part thereof) | |
|applicant’s inspection of | | |
|documents or hearing or | | |
|viewing an audio or visual| | |
|recording | | |
|--------------------------+-----------------------+---------------------|
|Delivery: posting or |Cost of postage or |Part II, Item 8 |
|delivering a copy of a |delivery | |
|document at the | | |
|applicant’s request | | |
+------------------------------------------------------------------------+

 

As your request is currently not valid for the purposes of the FOI Act,
the Department is unable to proceed with it at the present time.  If you
are able to provide further information concerning the [2]document as is
reasonably necessary to enable a responsible officer of the Department to
identify it, the Department may be able to consider whether it holds any
relevant information.

With kind regards
FOI Helpdesk | Freedom of Information Section
Information Management Branch
Department of Immigration and Border Protection
E| [email address]

Please consider the environment before printing this email

 

-----Original Message-----
From: Siri Linde [mailto:[FOI #1597 email]]
Sent: Wednesday, 24 February 2016 2:18 PM
To: FOI
Subject: Freedom of Information request - Sponsorship scams

 

Dear Department of Immigration and Border Protection,

 

I am a international journalist student at Macleay College in Sydney, NSW.
I am trying to investigate the Reason behind  why "Australian Sponsorship
Scams" has become such a viral issue, and  was hoping that you would be
able to provide me with some documents to help me do so.

 

At [3]https://www.border.gov.au/Trav/Work/Work-1, You are mentioning the
following:

 

"In 2014-15, we monitored 2,199 sponsors, resulting in 321 sanctions and
20 financial penalties. We cancelled 9,743 subclass 457 visas where visa
holders were found to be in breach of their visa conditions."

 

I was hoping that you could provide me with more specific cases with
detailed, legally documents (contracts) or even court cases were there's
been enough sustainable evidence to prove a sponsorship scam and legally
cancel a visa.

 

Have there been any serious cases that has led to imprisonment? If so, may
I have a look at the case file and final conviction.

 

I would also like to have a look at what the consequences for the
business/employer may be. Have it ever lead to a business having to close
down? License behind withdrawn? In that case, Can you please provide me
with an example of these contracts.

 

I would also like to see an example of what a "Sponsorship scam" contract
may look like. Is there even an actual legal contract? Or has most of
these cases been more of verbal agreements?

 

Please

 

Yours faithfully,

Siri Linde

 

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confidential, sensitive, legally privileged and/or copyright information.
 

Any review, retransmission, dissemination or other use of this information
by persons or entities other than the intended recipient is prohibited. 
DIBP respects your privacy and has obligations under the Privacy Act 1988.
 

Unsolicited commercial emails MUST NOT be sent to the originator of this
email.

References

Visible links
1. http://www.austlii.edu.au/au/legis/cth/c...
2. http://www.austlii.edu.au/au/legis/cth/c...
3. https://www.border.gov.au/Trav/Work/Work-1
4. mailto:[FOI #1597 email]
5. mailto:[email address]
6. https://www.righttoknow.org.au/change_re...
7. https://www.righttoknow.org.au/help/offi...

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