Australian Border Force – Immigration Monitoring Requests

The “trade-off” for faster processing time, as currently offered to Accredited Sponsors in particular, is that businesses can expect to be monitored by the Sponsor Monitoring Unit of the Australian Border Force, or in some cases, Fair Work Australia.

As our clients are aware, it is a legislative requirement that business sponsors maintain accurate records from the date of approval of the sponsorship, ending two years after the first day on which the following events occur concurrently: the business ceases to be an approved sponsor, and there is no sponsored person in relation to the business sponsorship.

The type of information that can be requested can be very extensive, including:

• Details of visa holder employees;
• Copies of signed employment contracts;
• Records of salaries, working hours and leave;
• Current evidence of market salary rates;
• Evidence of tasks being performed by sponsored employees (eg samples of written work, performance reviews).

A monitoring request usually confirms that a response is required within 14 days, and reminds the sponsor of the consequences of non-compliance, including:

• Cancelling the sponsor’s approval as a Business Sponsor;
• Barring the sponsor from accessing certain visa programs;
• Applying for a civil penalty order (up to $12,600 for an individual and up to $63,000 for a body corporate);
• Issuing an infringement notice to the sponsor as an alternative to civil penalty proceedings.

Concerns about non-compliance in certain industries can lead to those industries – currently hospitality and construction – being targeted for monitoring. Please discuss any concern with your Ajuria Lawyers adviser.

DISCLAIMER This information is current as of 29 October 2019 and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.