A Vietnamese man was handed a six-month jail sentence in the Melbourne Magistrates Court June 28 after he was prosecuted for using three false identities to apply for and obtain permanent residence and fraudulently obtain and use a genuine Australian passport.
A Department of Immigration and Citizenship (DIAC) spokesman said the sentence sent a strong warning to those engaging in migration-related fraud.
Van Son Nguyen, a convicted drug trafficker serving a seven-year sentence, was also convicted on charges s.234(1)(b) of the Migration Act 1958, s.10(1)(a) of the Passports Act 1938 and s.11 of the Statutory Declarations Act 1959.
DIAC’s facial comparison specialist identified that the photographs of Mao Lay, who had altered his date of birth, Saing Nguyen and Van Son Nguyen matched.
“The department continues to develop specialised capabilities in the areas of facial recognition, document examination and fingerprint analysis to assist with the investigation of fraud offences as well as maintaining the integrity of the migration program,” the spokesman said. “This includes the expansion of biometric collection points and sharing of data with partner countries and government agencies.
“These developments have led to several recent successful prosecutions against people found to have used false information, including identity details, as part of visa application processes.
“Over the past 12 months, eight individuals have been successfully prosecuted for offences relating to identity fraud used to subvert immigration channels. These cases have resulted in numerous convictions federal offences under the Migration Act, Criminal Code Act and Foreign Passports Act.”
Where DIAC becomes aware of fraud, the matters are fully investigated, resulting in both criminal and administrative penalties. A person who uses a false identity to obtain a visa and/or Australian citizenship will be considered for criminal investigation or revocation of citizenship. A person who provides incorrect information to the department in relation to a visa application may have his or her visa cancelled.
The department works closely with other government agencies, both federal and state, to assist in the identification and prosecution of these people.
Meanwhile, arrangements are being made for the removal from Australia of 23 illegal workers located during an immigration compliance operation in South Australia.
A spokesman for the Department of Immigration and Citizenship said officers were acting on tip-offs to the department that people were working illegally at a property near Paringa in South Australia’s Riverland.
The group is comprised of Malaysian nationals and includes 18 men and five women; 22 were unlawful non-citizens (meaning their visas had expired) and one was working in breach of visa conditions.
The spokesman said there is a legal obligation on employers, including owners of businesses, to ensure people they hire are all legally able to work in Australia.
“They cooperated fully when our compliance officers located them,” the spokesman said. “Investigations into the circumstances of the employment of the illegal workers are continuing.
“Employers should be aware it is a criminal offence to knowingly or recklessly allow a person to work illegally or to refer an illegal worker for work.”
New infringement notices and civil penalties introduced on June 1 range from $3060 to a maximum $76 500 per illegal worker. Previously only warning notices could be issued for offences, or criminal sanctions imposed.
“Penalties imposed under this new regime will act as a real deterrent. Checking whether a potential employee is entitled to work in Australia is a simple process, and businesses doing the right thing have nothing to fear from these regulations,” the spokesman said.
The Visa Entitlement Verification Online (VEVO) service is available to employers to check the relevant identification details of prospective employees, with their consent, to quickly confirm if they are eligible to work in Australia. People with information about illegal workers or visa overstayers are encouraged to call the Immigration Dob-In Line on 1800 009 623.
“In 2011-12, almost 2000 people were caught working illegally in Australia, 77 per cent of whom have since been removed from or left the country. A further 1600 illegal workers were found to the end of March this year,” the spokesman said.
This latest operation follows the location of seven Vietnamese illegal workers near Bundaberg in Queensland.
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