A 38-year-old Perth woman has been jailed for six-and-a-half years after being convicted of multiple charges relating to extensive migration fraud from which she obtained more than $300,000 from her unsuspecting clients.
A joint investigation by the Australian Border Force (ABF) and the Department of Foreign Affairs and Trade (DFAT), with support from the Australian Federal Police (AFP), revealed the Chinese national masqueraded as a registered migration agent, charging numerous clients for services she did not deliver.
Many of those clients were vulnerable persons, due to their limited English language skills and understanding of Australian migration law.
Some were charged fees for visa applications that were never lodged, resulting in them becoming unlawful non-citizens or unable to travel to Australia.
The woman first came to the attention of authorities in 2013 when about 30 foreign passports bound for Perth were intercepted in four international mail articles at the Melbourne Gateway Facility.
It is a criminal offence in Australia to possess a foreign passport belonging to another person. This initiated an investigation by DFAT's Passport Fraud and Compliance Section.
In 2014, the ABF entered into a joint investigation with DFAT in response to suspicions the woman was unlawfully acting as a migration agent, forging Department of Home Affairs documents and committing proceeds of crime offences.
Eight complainants were identified, as well as more than 70 witnesses. Warrants executed on the woman's home and office saw the seizure of thousands of documents, numerous phones, computers and $30,000 cash.
Among the items seized were forged Department of Home Affairs documents which the woman used to falsely inform visa applicants that they had been granted a visa.
Many of the fraud victims were unable to be identified or contacted as they were living overseas.
Following a five-week trial in the Perth District Court, which commenced on 19 October 2020, the woman was convicted of all 12 charges she faced.
10 x s.281(1) Migration Act 1958 – receive a fee/reward for providing immigration assistance when not a migration agent.
1 x s. 400.6 Criminal Code Act 1995 (C'th) – deal with proceeds of crime worth more than $10,000.
1 x s.21(4) Foreign Passports Act 2005 – Possess foreign travel document (29 charges rolled up into one).
On Thursday (4 February) she was sentenced a total of six-and-a-half years jail, backdated to 26 November 2020, with a minimum term of four-and-a-half years before becoming eligible for parole.
The Judge also ordered the forfeiture of the $30,000 cash seized, and made reparation orders for the complainants totalling $188,235.
ABF Commander for Operations West, James Copeman, said the ABF would not tolerate fake migration agents providing unlawful immigration services and misleading immigration advice.
"Maintaining the integrity of Australia's migration program is paramount for our community and those seeking to become part of it," Commander Copeman said.
Assistant Minister for Customs, Community Safety and Multicultural Affairs, Jason Wood, congratulated the investigation team for their dogged pursuit of justice for the victims.
"In Australia it is unlawful to provide immigration assistance, and unlawful to charge a fee for that assistance, unless you are registered with the Office of the Migration Agents Registration Authority (OMARA)," Assistant Minister Wood said.
Anyone with information about individuals falsely claiming to be a migration agent should contact Border Watch at Australia.gov.au/borderwatch. By reporting suspicious activities, you help protect Australia's border. Information can be provided anonymously.
