Visa exploitation review urges tougher penalties and a ban on temporary migrants in sex work. Would this solve the problem?
This is in addition to legislation it has already introduced to strengthen employer compliance measures to protect temporary migrants from exploitation.
- This is in addition to legislation it has already introduced to strengthen employer compliance measures to protect temporary migrants from exploitation.
- But the Nixon review goes further, with more than 30 recommendations.
- Importantly, it has placed the compliance dimension into the visa processing system instead of keeping it mainly within Australian Border Force.
Cracking down on misconduct by migration agents
- Among its recommendations, the Nixon review called for strengthening the compliance and investigative powers of the Office of the Migration Agents Registration Authority to address misconduct by registered migration agents.
- It noted:
[Registered migration agents] may perceive that engaging in such illegal activity is low risk, and high reward. - [Registered migration agents] may perceive that engaging in such illegal activity is low risk, and high reward.
- The review also said overseas migration agents are currently not required to be registered with the Office of the Migration Agents Registration Authority to provide immigration advice, which it recommended changing.
A ban on temporary migrants in the sex industry?
- Canada, for instance, has implemented a ban on any temporary migrants working in this sector.
- The review recommended a similar ban in Australia, as well as increased penalties for those found to be hiring temporary migrants for the sex industry, saying:
The prohibition of temporary migrants working in the sex industry would send a strong and clear message that the Australian government has no tolerance for the exploitation of temporary migrants. - The prohibition of temporary migrants working in the sex industry would send a strong and clear message that the Australian government has no tolerance for the exploitation of temporary migrants.
- Some advocates in the sex industry, such as the Scarlet Alliance), believe a full ban would not stop exploitation in the sex industry, it would just drive it further underground.
Reducing backlogs in visa processing
- The Nixon review also focused on the lengthy processing times for some visa subclasses, which it said cumulatively could last up to a decade.
- There’s a clear link between government under-funding, visa processing backlogs and compliance issues.
- The backlogs create an incentive to engage in fraudulent asylum claims because claimants have appeal rights for longer periods of time.
- In this way, a bridging visa that is issued pending an Administrative Appeals Tribunal (AAT) decision can act like a quasi-work visa.