Rob Breumelhof
Active Member
The Australian Government has continued its crackdown on migration-related fraud with a 33-month jail sentence handed down today to an Australian man who produced false documents used in permanent residency applications.
Carmine Amarante was identified as a facilitator of immigration fraud as part of a multi-jurisdictional investigation and was charged with offences in relation to forgery under the Criminal Code Act 1995.
“With assistance from the Australian Federal Police (AFP), search warrants were executed at the offender’s residence uncovering large quantities of evidence relating to the provision of false documents in applications for visas under the general skilled migration (GSM) program,” a Department of Immigration and Citizenship (DIAC) spokesperson said today.
“This conviction should serve as a reminder to the community that the department and the courts will act swiftly against those who attempt to defraud our migration programs.
“DIAC works constantly to ensure the integrity of our migration and visa systems – and the Minister for Immigration and Citizenship, Chris Bowen, announced in July the government would overhaul penalties to allow better enforcement of the current law, following the independent Howells review of the employer sanctions laws. The recommendations, which have been accepted in-principle ahead of stakeholder consultation, included the introduction of a range of civil penalties and broader powers for DIAC.
“Anyone found to have obtained a visa based on fraudulent information can expect to face visa refusal or cancellation and prosecution.”
The offender produced 541 false documents which were subsequently lodged to Trades Recognition Australia (TRA) in support of skills assessment applications and the Victorian State Government as part of sponsorship applications, most of which resulted in a positive grant. The documents relate to 39 businesses based in Victoria and those complicit in the scam are being investigated by both DIAC and the AFP.
“Mr Amarante received payments of between $1500 and $2500 a document and 471 visa applications have been lodged with my department based on these false documents,” the spokesperson said.
“With the new fraud provision changes earlier this year that allow applications to be refused where false or misleading information is provided to the department in association with visa applications, these applications can either be refused or cancelled.
“Prior to this change, when fraudulent information has been provided in association with an application, it has been possible for the applicant to subsequently provide non-fraudulent information to meet requirements. This provision means that any false, misleading, incorrect or bogus information provided at any stage of the application will be grounds for refusal. This includes information provided to third parties such as skills assessing authorities and English language test providers.”
In addition to refusing visa applications associated with false or misleading information, anyone found to have obtained a visa based on fraudulent information can still face visa cancellation under the new provision. Before the introduction of this provision, the department has had limited power to refuse a visa on this basis. Applicants found to have supplied false or misleading information may now also face restrictions on further visa applications for a fixed period of time.
“Migration fraud is a serious matter and this sentence is another triumph for the Australian Government. It demonstrates our determination and dedication to combat migration fraud in Australia,” the spokesperson said.
The conviction follows the successful prosecution of a Perth man in August for supplying illegal workers to WA businesses and execution of warrants relating to a multi-jurisdictional unregistered migration advice racket.
Carmine Amarante was identified as a facilitator of immigration fraud as part of a multi-jurisdictional investigation and was charged with offences in relation to forgery under the Criminal Code Act 1995.
“With assistance from the Australian Federal Police (AFP), search warrants were executed at the offender’s residence uncovering large quantities of evidence relating to the provision of false documents in applications for visas under the general skilled migration (GSM) program,” a Department of Immigration and Citizenship (DIAC) spokesperson said today.
“This conviction should serve as a reminder to the community that the department and the courts will act swiftly against those who attempt to defraud our migration programs.
“DIAC works constantly to ensure the integrity of our migration and visa systems – and the Minister for Immigration and Citizenship, Chris Bowen, announced in July the government would overhaul penalties to allow better enforcement of the current law, following the independent Howells review of the employer sanctions laws. The recommendations, which have been accepted in-principle ahead of stakeholder consultation, included the introduction of a range of civil penalties and broader powers for DIAC.
“Anyone found to have obtained a visa based on fraudulent information can expect to face visa refusal or cancellation and prosecution.”
The offender produced 541 false documents which were subsequently lodged to Trades Recognition Australia (TRA) in support of skills assessment applications and the Victorian State Government as part of sponsorship applications, most of which resulted in a positive grant. The documents relate to 39 businesses based in Victoria and those complicit in the scam are being investigated by both DIAC and the AFP.
“Mr Amarante received payments of between $1500 and $2500 a document and 471 visa applications have been lodged with my department based on these false documents,” the spokesperson said.
“With the new fraud provision changes earlier this year that allow applications to be refused where false or misleading information is provided to the department in association with visa applications, these applications can either be refused or cancelled.
“Prior to this change, when fraudulent information has been provided in association with an application, it has been possible for the applicant to subsequently provide non-fraudulent information to meet requirements. This provision means that any false, misleading, incorrect or bogus information provided at any stage of the application will be grounds for refusal. This includes information provided to third parties such as skills assessing authorities and English language test providers.”
In addition to refusing visa applications associated with false or misleading information, anyone found to have obtained a visa based on fraudulent information can still face visa cancellation under the new provision. Before the introduction of this provision, the department has had limited power to refuse a visa on this basis. Applicants found to have supplied false or misleading information may now also face restrictions on further visa applications for a fixed period of time.
“Migration fraud is a serious matter and this sentence is another triumph for the Australian Government. It demonstrates our determination and dedication to combat migration fraud in Australia,” the spokesperson said.
The conviction follows the successful prosecution of a Perth man in August for supplying illegal workers to WA businesses and execution of warrants relating to a multi-jurisdictional unregistered migration advice racket.