12 Apr 2007

PHILIPPINE CONSULATE GENERAL, SYDNEY ADVISES FILIPINOS ON NEW AMENDMENTS TO AUSTRALIAN MIGRATION ACT

Consul General Maria Theresa P. Lazaro of the Philippine Consulate General in Sydney, Australia reported to the Department of Foreign Affairs that recent amendments the Australian Government passed to its existing Migration Act of 1958 imposing stiffer sanctions on employers who take in overstaying foreigners or those individuals who are in breach of visa conditions will make employment more difficult for Filipino overstayers and 'tourists,' as well as the Filipino-Australian employers, recruiters and migration agents who exploit them in the guise of compassion or 'pakiusap'.

The amendments, known as the Australian Migration Amendment (Employer Sanction) Act of 2007, aim "to impose sanctions on persons who are connected with work by unlawful non-citizens or work in breach of visa conditions and for related purposes." The Act is expected to be enforced by August 2007.

According to Filipino-Australian lawyer Imelda Argel, the new law "aims to further curb illegal immigration, people smuggling and labor exploitation by cracking down on Australian employers, recruitment agencies, manpower service firms and even migration agents who knowingly breach Australian labor laws by employing, exploiting and/or even simply giving work referrals to illegal immigrants."

Atty. Argel continued, "By allowing or referring an illegal immigrant, employers or persons now face a maximum penalty of two years' imprisonment and/or fines up to A$ 60,000 (US$ 55,000) for companies. When there are aggravating circumstances such as slavery, forced labor or sexual servitude, the employers can be punished per worker exploited with a maximum penalty of five years' imprisonment and/or fines up to A$ 165,000 (US$ 150,000) for companies."

Consul General Lazaro urges Filipinos who wish to work in Australia to go through proper channels of employment such as the Philippine Overseas Employment Administration and not attempt to bypass the legal process by entering Australia as tourists with the intent to prospect for employment or obtain some sort of immigration amnesty.