Australian Border Force (ABF) Field Operations officers in Victoria, New South Wales and Queensland continue to see results through Operation Battenrun, a national operation targeting foreign nationals acting as unscrupulous labour hire intermediaries facilitating illegal foreign work.
In one particularly concerning case, a 16-year-old boy, found living on a mattress in a garage, was located as a result of four search warrants executed under s251 of the Migration Act 1958 on residences in the regional Victorian town of Robinvale last Wednesday (13 February 2018).
He was among five people found to be sleeping on mattresses in the garage of a residential property which had up to 12 more people living inside the house.
ABF Commander of Field Operations, James Copeman, said the exploitation of foreign workers was never acceptable, but this case involving the 16-year-old was particularly disturbing and the ABF had taken every step to ensure his safety.
"We are investigating the deceitful and immoral labour hire intermediaries operating in the agricultural sector that we believe have been exploiting this minor and other illegal workers in the Robinvale area.
"This case highlights how absolutely mercenary, ruthless and heartless those intermediaries can be.
"Illegal workers are extremely vulnerable and are often underpaid and poorly treated. To have 17 people crammed into a house and garage on one property is a graphic example of that."
Of the 23 UNCs located in the Robinvale warrants, seven Malaysian nationals and one from Hong Kong, all male, were detained pending their removal from Australia.
All are suspected of being involved in facilitating illegal foreign workers in Victoria.
One is further suspected of acting as an illegal migration agent across several Australian States.
The other 14 adults were conditionally released, contingent on their immediate departure from Australia.
The minor was referred Victoria's Department of Health and Human Services. Whilst his immigration status is still being assessed, he is not believed to be a victim of human trafficking.
Additional Migration Act warrants executed by ABF officers on a construction site in the Brisbane suburb of Greenslopes on 6 February 2019 resulted in eight persons being detained - six UNCs and two lawful non-citizens (LNCs) who were found to be working outside the conditions of their visas. They too were Malaysian and Chinese nationals.
Three have already departed Australia, with investigations into the others continuing.
The ABF suspects the contractor who employed them as plasterers and tilers was exploiting them through under payment and irregular payment dates, as well as non-payment of superannuation and leave entitlements.
Investigations into the persons behind the company are ongoing.
"Not only are the individuals facilitating illegal worker exploitation making significant profits at their expense, they are also disadvantaging local businesses who do the right thing by paying and treating their workers properly," Commander Copeman said.
Other Operation Battenrun outcomes in the past fortnight include:
Sydney, 14 February 2019 - a 52 year old Chinese national was detained following the execution of a s251 Migration Act warrant on a residence in the western suburb of Auburn last Thursday.
The man is suspected of being part of an illegal labour hire operation that is believed to have transferred approximately $23 million dollars offshore over a period dating back to 2007.
Investigations into the man's activities and his associates continue.
He is being held at the Villawood Immigration Detention Centre (VIDC) pending his removal from Australia.
A 29 year old UNC from China also located at the property was granted condition release contingent of his departure from Australia.
Melbourne, 7 February 2019 - a 42 year old Malaysian national was detained following the execution of a s251 Migration Act warrant on a residence in the suburb of Bundoora. The man was suspected of having links with a syndicate of Malaysian and Chinese nationals facilitating illegal work in the construction industry.
He is currently being held at the Melbourne Immigration Transit Accommodation (MITA) facility pending his removal from Australia.
Victoria, 7 February 2019 – As a result of investigations following a warrant on a property in the border town of Euston in NSW on 3 December 2018, officers from ABF Victoria/Tasmania Field Operations issued an Employer Sanction Infringement Notice to a large producer of fruit and vegetables. A number of UNCs were located at the property during the warrant. The Notice specified two counts of non-compliance with s245AB of the Migration Act (allowing non-citizens to work), which carries an infringement penalty of $18,900.
Brisbane, 4 February 2019 - a 62 year old Indian national was found to be working illegally at a car wash business in the suburb of Browns Plains. The man, who was in Australia on a Tourist visa which prohibited working, was allegedly being paid $12 per hour cash-in-hand – well below the award rate. He has since returned to India. The owner of the car wash is facing further investigation and possible referral to the Fair Work Ombudsman (FWO) and the Australian Taxation Office (ATO).
"The exploitation of illegal foreign workers is a blight on our society, and through targeted operations such as Battenrun and Taskforce Cadena the ABF will continue to disrupt and dismantle the activities of unscrupulous labour hire intermediaries and those who wish to subvert Australia's migration system," Commander Copeman said.
The Department of Home Affairs encourages all employers to conduct regular checks using the Visa Entitlement Verification Online system (VEVO) to ensure that their workers are permitted to work, and to not rely on contractors or labour hire intermediaries. Information about VEVO can be found here - https://immi.homeaffairs.gov.au/visas/already-have-a-visa/check-visa-details-and-conditions/check-conditions-online.
Anyone who is aware of an individual, business or employer who might be facilitating visa fraud or illegal work is urged to contact Border Watch at www.abf.gov.au/borderwatch.
