"Migrant worker exploitation" sees NSW aged care provider repay nearly $120K

For “migrant worker exploitation”, a NSW, South Coast aged care provider has been sanctioned by the Australian Border Force (ABF) following an investigation that found it had unlawfully recovered sponsorship-related costs from migrant workers. The provider is required to repay nearly $120,000 to sponsored employees.

ABF officers from the Department of Home Affairs Sponsor Monitoring Unit — acting on a Border Watch​ report — launched an investigation into the company, which revealed the business had sponsored 19 workers under the Skills in Demand (Subclass 482) visa, with 13 workers affected by breaches totalling $118,197.

An unannounced site visit was conducted by officers, with sponsored workers and company representatives interviewed. The investigation revealed that sponsorship-related costs had been recovered from migrant workers, which is prohibited under Australia’s migration laws.

Officers were told by two workers they had paid $17,449 and $19,847, respectively, toward nomination and visa application costs, and provided supporting evidence. “These obligations are designed to protect temporary visa workers from exploitation and strictly prohibit approved work sponsors, from recovering, transferring, or shifting sponsorship-related costs onto visa holders,” ABF said.

In April, the company acknowledged the breaches in relation to the 13 sponsored workers and took steps to rectify the non-compliance, including by repaying all affected workers in full, ABF said. The company is now subject to a six-month bar from making new sponsor nomination applications, the ABF stating: “this case has put the aged care sector on notice”.

“This investigation resulted in more than $118,000 being returned to affected workers and demonstrates the ABF’s commitment to enforcing sponsor obligations and addressing exploitation within the migration program,” said ABF Acting Commander Tim Thorley, Field Operations and Sponsor Monitoring.

“Employers who attempt to avoid their sponsorship obligations should expect to be detected, investigated, and held accountable,” Thorley added. “The ABF conducts targeted and unannounced compliance activities across Australia and will take action where sponsors fail to comply with their legal responsibilities.”​

Information about sponsorship obligations and employer sanctions is available on the Department of Home Affairs website: Sponsorship obligations​ and Register of sanctioned sponsors.​

Anyone with information relating to potential immigration offences or suspicious activity is encouraged to contact Home Affairs and make a report online at Border Watch. Reports can be made anonymously.​

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