Seeking money for Visa sponsorship is a crime with upto 2 years prison and upto $324,000 fine

Re-blogging on Tuesday, 19 June, 2018

It’s a crime to receive or offer a benefit for visa sponsorship

JailedFines (pic from Herald Sun newspaper)

Up to 2 yrs jail &/or up to $324,000/case fine for people requesting/receiving a benefit in return for a work sponsorship including 457 visa. 457 visa scamming is making some unethical & unscrupulous employers rich at the cost of employees and Australia. Some of these people are masquerading as community leaders.

I have copied the information below from Department of Immigration and Border Protection.

Paying for visa sponsorship – certification requirement

On 14 December 2015 new criminal and civil penalties and visa cancellation provisions were introduced as part of a framework that allows for sanctions to be imposed on a person who asks for, receives, offers or provides a benefit in return for a visa sponsorship or employment that requires visa sponsorship (otherwise known as a ‘sponsorship-related event’).

The certification requirement

Sponsors, nominators and visa applicants must provide a statement in their online application about current or previous conduct that constitutes a breach of ‘paying for visa sponsorship’. You will need to provide a separate certification form only if you applied before July 2016 or have been requested to provide it. See: Certification Form.

The mandatory certification required from sponsors and nominators requires you to have an understanding of the relevant sections of the Migration Act 1958 (the Act), which you are making your certification.  As a sponsor or nominator, sections 245AQ and 245AR of the Act are applicable.

This information is presented below for your reference.

245AQ definitions

benefit includes:

  • a payment or other valuable consideration
  • a deduction of an amount
  • any kind of real or personal property
  • an advantage
  • a service
  • a gift.

sponsorship-related event means any of the following events:

  • a person applying for approval as a sponsor under section 140E in relation to a sponsor class
  • a person applying for a variation of a term of an approval as a sponsor under section 140E in relation to a sponsor class
  • a person becoming, or not ceasing to be, a party to a work agreement
  • a person agreeing to be, or not withdrawing his or her agreement to be, an approved sponsor in relation to an applicant or proposed applicant for a sponsored visa
  • a person making a nomination under section 140GB in relation to a holder of, or an applicant or proposed applicant for, a sponsored visa, or including another person in such a nomination
  • a person not withdrawing a nomination made under section 140GB in relation to a holder of, or an applicant or proposed applicant for, a sponsored visa
  • a person applying under the regulations for approval of the nomination of a position in relation to the holder of, or an applicant or proposed applicant for, a sponsored visa, or including another person in such a nomination
  • a person not withdrawing the nomination under the regulations of a position in relation to the holder of, or an applicant or proposed applicant for, a sponsored visa
  • a person employing or engaging, or not terminating the employment or engagement of, a person to work in an occupation or position in relation to which a sponsored visa has been granted, has been applied for or is to be applied for
  • a person engaging, or not terminating the engagement of, a person to undertake a program, or carry out an activity, in relation to which a sponsored visa has been granted, has been applied for or is to be applied for
  • the grant of a sponsored visa
  • a prescribed event.

A prescribed event within 245AQ(l) of the Act, is defined at 5.19N of the Migration Regulations 1994 (the Regulations) and includes:

  • a person becoming, or not ceasing to be, a party to a labour agreement that is not a work agreement
  • a person nominating a position in accordance with such a labour agreement in relation to the holder of, or an applicant or proposed applicant for,  a sponsored visa, or including another person in such a nomination
  • a person not withdrawing a nomination of a position made in accordance with such a labour agreement in relation to the holder of, or an applicant or proposed applicant for, a sponsored visa.

245AR Prohibition on asking for or receiving a benefit in return for the occurrence of a sponsorship-related event

  1. A person (the first person) contravenes this subsection if:
    1. the first person asks for, or receives, a benefit from another person; and
    2. the first person asks for, or receives, the benefit in return for the occurrence of a sponsorship-related event.
  2. To avoid doubt, the first person contravenes subsection (1) even if the sponsorship-related event does not occur.
  3. Subsection (1) does not apply if the benefit is a payment of a reasonable amount for a professional service that has been provided, or is to be provided, by the first person or a third person.Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

    Offence
  4. A person commits an offence if the person contravenes subsection (1). The physical elements of the offence are set out in that subsection.Penalty: Imprisonment for 2 years or 360 penalty units, or both.Civil penalty provision
  5. A person is liable to a civil penalty if a person contravenes subsection (1).Civil penalty: 240 penalty units.
  6. A person who wishes to rely on subsection (3) in proceedings for a civil penalty order bears an evidential burden in relation to the matter in that subsection.Note: It is not necessary to prove a person’s state of mind in proceedings for a civil penalty order (see section 486ZF).

 

The legislation was introduced addressing payment for visas activity through criminal, civil and administrative sanctions, and visa cancellation powers. Asking for, receiving, offering or providing a benefit in return for visa sponsorship or related employment is now illegal.

The payment for visas legislation applies to a range of temporary sponsored and permanent skilled employer nominated visas. It is unacceptable for sponsors, nominators, employers or third parties to make a personal gain through a payment for visa arrangement.

New criminal penalties of up to two years imprisonment and/or penalties of up to $324,000 for each instance apply to people requesting or receiving a benefit in return for a sponsorship event. Civil penalties of up to $216,000 may apply for people found to have offered or provided a benefit in return for a sponsorship event occurring. In addition to these penalties, if the people involved in this conduct hold a visa, either temporary or permanent, this may also be subject to cancellation. If visa applicants are involved, their applications can be refused.

Payment for visas undermines the integrity of skilled work programmes, which address genuine skill shortages in the Australia labour market by making employees available from overseas.

For more information about what constitutes payment for visas behaviour including the list of temporary sponsored and permanent skilled employer nominated visas affected, go to: www.border.gov.au/Trav/Work/Work-1.

If you have been a victim of, or are aware of payment for visas conduct, please report it to the Department of Immigration and Border Protection: http://www.border.gov.au/about/contact/report-suspicious-activities-behaviour.

————————————————————————–

Dr Yadu Singh/Sydney/18th Feb, 2016

http://www.twitter.com/dryadusingh

http://www.facebook.com/DoctorYaduSingh

There Is No Excuse For Elder Abuse

Sydney, 15 June, 2018

Today is World Elder Abuse Awareness day. Elder Abuse is not uncommon, and deserves the attention of all in the community.  http://www.un.org/en/events/elderabuse/

It is estimated that as many as 10 per cent of older Australians are estimated to be affected by elder abuse, with financial abuse the most common form. More than $3 billion is lost to scams and fraud each year, with Commonwealth Bank data indicating that 76 percent of those affected by scam activity are aged over 50. It is likely more Australians will fall victim to financial abuse in the future, with those aged over 65 set to account for 25 per cent of the population by 2050.

More info:

https://elderabuseawarenessday.org.au/

https://www.agedcareguide.com.au/talking-aged-care/world-unites-for-elder-abuse-awareness-day

The report in https://www.sbs.com.au/yourlanguage/punjabi/en/audiotrack/concerns-over-elder-abuse-punjabi-community says that at least 31% elders from Indian Australian community over and above the age of 65 suffer one form of abuse or neglect. The SBS report also says “The most common form of abuse faced by parents of Indians living in Australia is usually financial”.

It appears that elder abuse may be more common in Indian Australian community. I am aware of many examples of physical abuse and one recent example of financial abuse, which involved transfer of a large sum of money from a lady, who had dementia and short-term memory issues. Unfortunately, roles of Banking staff was questionable and is a complaint matter now.

Greater action is needed now to protect older Australians. It is a moral duty of everyone to prevent abuse of elders. Banks must play a central role in raising awareness of the issue and helping to protect customers, especially elders, from financial abuse, scams and fraud.

Knowing that financial form of elder abuse is common, it was heartening to know that one of the prominent Banks, CBA, has commenced a program today to educate their employees in identifying elder financial abuse as well as providing practical advice on tips and traps to older customers and their families.   The infographic as well as a detailed Safe and Savvy guide will be available for customers online today and in all of our branches from July. www.commbank.com.au/safeandsavvy

CBA World Elder Abuse Awareness Day infographic

Even though it’s hard to discuss, the more we understand what elder abuse, including financial abuse, is, the more we can identify it, talk about it, and take steps to prevent it from happening. More info: customeradvocate@cba.com.au and www.commbank.com.au/customeradvocate

 

 


Dr Yadu Singh

http://www.twitter.com/dryadusingh

http://www.facebook.com/DoctorYaduSingh

Chand Raat Eid Festival in Sydney was hugely successful

Sydney, 14 June, 2018

I was honoured to be invited to attend The 20th Chand Raat Eid Celebration in Rosehill Gardens, Rosehill, NSW. 20,000+ people attended the event. Premier of NSW, Gladys Berejiklian MP, Minister for Multiculturalism, Ray Williams MP and Lord Mayor of City of Parramatta Council, Andrew Wilson were in attendance, along with many MPs and Councilors.

It was a hugely successful festival with jam packed crowd.

Congratulations, Syed Atiq Ul Hassan. And thank you very much for the invitation.

Eid Mubarak!

Dr Yadu Singh

http://www.twitter.com/dryadusingh

http://www.facebook.com/DoctorYaduSingh

Our team work for Keep NSW Safe achieves a successful outcome on section 20D of Anti-Discrimination Act

Sydney, 5 June, 2018

FIAN LOGOFederation of Indian Associations of NSW (FIAN) is pleased that NSW Government has decided to amend section 20D of NSW Anti-Discrimination Act. FIAN is a key and founder member of Keep NSW Safe keep-nsw-safe-logo-6.png team, which has worked actively, effectively and collaboratively with all stakeholders over last several years to achieve this spectacular result. http://www.keepnswsafe.com/

This will PROTECT DIVERSE COMMUNITIES from individuals who incite or threaten violence against people based on their race, religion, sexuality and HIV/AIDS status, and will carry a maximum three-year jail sentence and a fine of $11,000. The legislation will create a new offence in the Crimes Act of publicly threatening or inciting violence against people on the these grounds.

The path of success was difficult, because a few ministers were not keen to amend section 20D, but active work by ministers like Ray Williams and Mark Speakman has overcome the resistance.

I was made aware of this development by Multicultural Minister on 26 May, 2018, when he addressed a multicultural community forum in Strathfield, but was requested to not make it public. I kept my word.

It is indeed great to see NSW Government has listened to the concerns of our communities and responded to them in a positive way. Nobody can be allowed to harm the harmony among the communities in NSW. Punishment will be given if anyone tries to incite violence against others.

“The new laws send a very clear message to offenders that we will not tolerate behaviour which risks people’s safety”, Mr Ray Williams, Minister for Multiculturalism said, and we wholeheartedly support him.

Attorney General, Mark Speakman’s press Release is here. Mark Speakman press release on 20D

Thank you to Premier, Gladys Berejiklian and NSW Government, especially Minister for Multiculturalism, Ray Williams and Attorney General, Mark Speakman for this much needed and overdue action.

https://www.smh.com.au/politics/nsw/they-will-not-go-unpunished-three-year-jail-terms-under-new-race-hate-laws-20180605-p4zjn0.html

Dr Yadu Singh

fianinc1@gmail.com

Federation of Indian Associations of NSW (FIAN)

http://www.twitter.com/dryadusingh http://www.twitter.com/FianInc

http://www.facebook.com/DoctorYaduSingh  http://www.facebook.com/FianInc

Tuticorin deaths: Focus on the facts, not fiction

Sydney, 3 June, 2018

Sterlite Copper smelter in Thoothukudi (Tuticorin), Tamil Nadu (TN), India has been seeing protests for years. This year, however, protests became more intense, because Vedanta Group, the owner of the smelter, started to expand the site.

On 100th Day of the protest, 22 May, 2018, protesters were marching towards the District Administration HQ, despite orders under section 144 of IPC to not do so. When warnings by the authorities to stop the march were not heeded, Tamil Nadu Police fired, leading to deaths of 13 protesters.

https://en.m.wikipedia.org/wiki/Thoothukudi_massacre

Any loss of life is sad, but we must understand the perspective and the background.

Police resorted to firing to stop the massive crowds from marching to the HQ of the administration.

Chief Minister (CM) of the state Mr Edappadi K Palaniswami initially justified the Police firing.

After further protests and demands from the opposition, the TN Government has now ordered permanent closure of the smelter.

https://www.google.com.au/amp/www.thehindu.com/news/national/tamil-nadu/sterlite-copper-to-be-permanently-closed-says-tamil-nadu-government/article24014605.ece/amp/

As I said above, no loss of life can be justified, but we must understand the facts and the background.

My condolences and sympathies are with the victims and their families. Like others, I am saddened.

The protest in Sydney a few days ago was brought to my attention by several people, including Tamil Australians.

Thiru Arumugam from Sydney said “Firstly my thoughts and prayers are with the victims and their families. 13 people sadly died in the protest. My humble request to all Indian Tamils in Australia is not to jump into the conclusion that Indian Government is killing Tamils. It happened in Tamil Nadu, which is ruled by a Tamil CM. Blaming Indian Govt is not right. Everyone of us are responsible in Australia for any representation of our motherland. We should remember that use of violence or breach of law never achieves our demands.”

Aspects of this protests, especially placards, are objectionable.

A couple of facts need to be considered.

  1. The protesters in Tuticorin shouldn’t have marched towards District administration’s HQ when section 144 of IPC to not do so was in place.
  2. What other option was available to the Police to control the difficult situation? Once you break the section 144, you are not a peaceful march. No Government can allow anarchy.
  3. TN CM supported the Police action.
  4. If Copper smelter is causing so much health issues, why was it not shut down earlier? Which Governments is/are responsible?
  5. This Smelter was established in TN in late 1990s, when UPA was running the Federal Government in India, and BJP has never ruled TN. https://youtu.be/_fdA_bfCZFI
  6. TN government is run by All India Anna Dravida Munnetra Kazhagam (AIADMK) party, not BJP or NDA.
  7. Police firing was unfortunate, but it can’t be called terrorism, forget “State terrorism”.
  8. Anybody who demands The UNO investigation on this matter is anti-India and is intellectually bankrupt. India has a rule of law and is not a tin pot dictatorship.

Sydney protest has the presence of about 50-60 people, some of whom either don’t understand the matter well, or worse, are anti-India. Looking at the pictures of the people, I can recognize only two people, who belong to Indian community. Rest of them appear to be Tamils of non-Indian background, many of whom may have a grudge against India due to India’s perceived hands off approach in ethnic conflicts in India’s neighborhood a few years ago. Looking at the placards in the hands of these two Indians (Anagan Babu and Renga Rajan), I can say that I am very concerned about their ability to understand what they were doing there. I doubt they even took time to read the placards they were given to hold. They were perhaps too busy in getting their pics taken for Facebook posting! (PS: Rajesh Kumar from Sydney says that the most of the protesters in Sydney were from TN, and he personally knows them. I stand corrected. The basic thrust of my commentary however will not change.) I post Rajesh Kumar’s comment below. 👇👇

While people have their right to hold a protest, I too have a right to form an opinion. There is no defamation here. This protest was a public protest, not a private protest. Pics were posted on social media with privacy settings to allow public to see them. Throwing the word “defamation” is childish, immature and ill-informed, and I am least worried about it.

Hugh Mcdermott (MP for Prospect) and Mehreen Faruqi (Greens MLC) are politicians. Politicians can and will do politics, whenever they can. That’s what politicians do for votes.

My issues with this protest is not because of protest per se, because people have a right to protest.

Having said that, I am not sure as to what people achieve by organizing protests in Australia on matters happening in their country of their birth. Many including I believe that such protests achieve nothing except giving some transient self-satisfaction of pics on Facebook and coverage in ethnic media.

My concerns are against the blatant politics, and misrepresentation and distortion of facts of the incident by the vested interests. Contrary to the claims by the protesters, the facts are that Tuticorin firings have no relevance with The UNO, terrorism, State-sponsored terrorism, BJP or “India killing Tamils” nonsense. It has everything to do with law and order problem inside Tamil Nadu, whose CM is obviously a Tamil, and whose Police is also Tamil, who fired on Tamil protesters, who breached section 144 of Indian Penal Code despite the warnings to stop doing so.

It’s a sad & unfortunate situation and I am saddened with the loss of lives, but I am equally sad with blatant and ill-informed politics being played by some people.

I urge people to focus on the facts, not fiction, and stop running an anti-India campaign!

Dr Yadu Singh

http://www.twitter.com/dryadusingh

http://www.facebook.com/DoctorYafuSingh

PS: An earlier post about Anagan Babu is here. https://yadusingh.com/2014/07/08/indaus-going-for-fresh-elections-on-20th-july-2014/

Channel Seven looking for you for their Escape for Love

Sydney, 24 May, 2017
INFORMATION: Channel Seven in Sydney is looking for couples who want to get married but don’t have the support of their families.
They will take the couple away for a month to a holiday destination to explore and understand their lack of support with professional psychologists.
If you know someone who wants to get married, but the family don’t agree please pass on the following link to apply: http://bit.ly/EscapeForLove54
Seven Serial Flyer
Dr Yadu Singh