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AUSTRALIA – Sponsor Compliance and Publication of Sanctions

Effective 13 December 2018, enhanced integrity regulations have come into effect, allowing the immigration department to publicly list companies which have failed to satisfy a sponsorship obligation.

Impact

The “naming and shaming” will list all obligations that a sponsor has failed to satisfy since 18 March 2015 and what action has been taken against them. The list will be updated if sanction decisions are varied and the listing will be removed if the sanction is set aside after a review.

Potential employees will be able to check to see if an employer has been sanctioned in the past, before they agree to work for them.

The regulations also allow the immigration department to request the Tax File Number (TFN) of an applicant to check compliance with visa conditions.

Action Items

  • Employers should regularly review sponsored employees to ensure that the employment conditions approved in the nomination continue to be relevant, and that any changes to the employees’ conditions or in the operation of the company, are reported to the immigration department.
  • Employers are encouraged to contact Newland Chase for a comprehensive immigration audit, or for further advice and information.

This alert was prepared with information provided by Newland Chase.

DISCLAIMER: The information contained in this immigration alert has been abridged from laws, court decisions, and administrative rulings and should not be construed or relied upon as legal advice. If you have specific questions regarding the applicability of this information, please contact Peregrine © 2019 Peregrine Immigration Management Ltd.