Last year, an Instagram video of a migration agent instructing rejected student visa holders how to appeal their decisions to the Administrative Appeals Tribunal (AAT) went viral.
The video was deleted after a public backlash, but not before I transcribed its contents.
Below is what the migration agent said via video:
“What I have heard is that in the last few weeks, there has been a spike in refusals, especially for onshore student visa applications”.
“This was probably applicants that held some other temporary visa prior”…
“The refusal rates are huge. But what I want to say is, do remember there is an appeal process”.
“To be honest, I think if you do get a refusal, it’s not the end of the world. You can always appeal the decision to the AAT”.
“You can continue studying and working while you appeal that decision and you wait for the hearing date”…
“You are still able to stay in Australia and study. You might be on a bridging visa while you wait for the AAT”.
“So, if you travel, you might need to apply for another bridging visa”.
“So, if you do get the student visa refusal, speak to an agent and lawyer. You can definitely appeal the process and still plan your pathway afterwards”.
“I’ve worked for applicants where they lodge a student visa, got refused, they appealed it, continued studying and doing other things, and they still got their PR invitation during the process”.
The video was emblematic of how dodgy migration agents routinely rort Australia’s visa system and behave like human traffickers.
It also helps to explain why the number of bridging visas on issue has exploded, many of whom are rejected former student visa holders.
The joint committee of public accounts and audit has found that the Home Affairs department failed to adequately monitor migration agents, despite being required to do so under legislation.
The inquiry found that 40% of migration agents that Home Affairs suspected of criminal activity had their applications approved through “deeming”, while 20% had their registration “auto-granted”.
“Through its regulatory practices, Home Affairs could not always be satisfied a registered migration agent was fit and proper to give immigration assistance and was a person of integrity, prior to approving registration’’, the committee stated in a report tabled in parliament the day before the federal election was called.
The report said that migration agents “for which Home Affairs itself held serious integrity concerns had their renewal applications approved, whether through deeming or an automated granting system’’.
“The audit found that even in cases where migration agents were suspected of facilitating criminal enterprise or involvement of cash-for-visa schemes, Home Affairs had not always exercised its available regulatory powers under the Migration Act to investigate’’.
The inquiry found that Home Affairs “was also failing to undertake any monitoring activities’’.
What a disgrace. The Albanese government regularly boasted about spending $42 billion to hire 400 more staff at the Department of Home Affairs to rubber stamp visa applications.
This was after former immigration minister Andrew Giles dined with a group of Indian migration agents in 2022:
Yet, they couldn’t even be bothered to properly regulate migration agents.
To add insult to injury, migration agents are included on the skilled occupation list, while many vital trades have been excluded:
Australia’s visa system is a laughingstock, manipulated by scammers and shonks.
