Why should you care about immigration scams preying on non-Australians?
Dr Toan Nguyen, an expert from the Australian National University, said when he first tried to migrate from Vietnam in 2015 Australia's visa process was just as complicated as it is in 2024.
But these hurdles don't stop people from wanting to move to desirable countries, he added.
"We have a outstanding education and healthcare systems. We are an English-speaking, multicultural nation, about one-third of our population was born overseas. And we have a very good job market here that attracts migrants seeking the opportunities," Dr Nguyen said
Almost a decade later, he is working in Canberra and researching the economics of immigration.
Why not apply without a migration agent?
Reflecting on his own experience, Dr Nguyen said it was routine for visa applicants, especially from non-English speaking countries, to seek help from agents overseas or in Australia.
"When I first applied, I didn't know anything about the visa system. I saw the official website and the instructions were not very clear there," he said.
"I didn't really know who is a registered agent.
"When [I] wanted to ask advice [I] didn't have a direct officer from the Department of Home Affairs to answer questions. The website put the notice that we need to contact the migration agent if we have any questions."
At the time of writing, the Australian Consulate General website for Vietnam instructed embassy staff would not be able to answer questions and directed applicants to the digital assistant chat on the Home Affairs website.
With more than 50 visa options, complicated instructions and no direct spokesperson to contact, Dr Nguyen said many people did not want even a slight chance of failure.
"Some individuals are willing to ... risk the exploitation to have the probability of coming to Australia," he said.
Australian embassy websites in countries including India, South Africa and Vietnam have warnings about scammers impersonating government officials or migration agents, creating fake websites, providing incorrect guidance and extorting money from dishonest application processes.
"One of my relatives in Vietnam was approached by an immigration scam. Long story, but because they know I'm in Australia they contacted me to ask if it was a true migration agent," Dr Nguyen said.
"I told them not to trust in unofficial channels because there [was] no way to bypass the immigration system in Australia. Luckily, they avoided the scam, but there may be several people who are not that lucky."
Why should we care?
Without commenting on individual cases, the Department for Home Affairs said only registered agents among some other Australian entities could serve applicants, and unregistered agents working overseas were beyond their jurisdiction.
In May, an Australian National Audit Office report found the department was failing to effectively regulate migration agents.
It followed the Nixon Review in 2023, which recommended making it compulsory for overseas agents to be registered with Office of Migration Agents Registration Authority.
While the government spokesperson did not provide exact data about the extent of immigration scams, Dr Nguyen said there were hundreds operating each year which could have damaging consequences for Australia.
The ANU expert mentioned three important consequences:
- Immigration scams undermine Australia's standing as one of the world's top destination to live;
- Inflict harm on scam victims who are prospective residents or relatives of residents of Australia;
- Erode the integrity of Australia's immigration framework.
He said the easiest way to combat such scams was to simplify the process and set up the staff at embassies who could answer questions from applicants.
Dr Nguyen said he had applied for European visas and spoke with officials during his application process, but had never interacted with Australian embassies in Vietnam.
"They just say ask any questions to the [migration agents]," he said.
He added scam victims could complain to Border Watch but overseas applicants would likely hesitate thinking it could affect their chances of coming to Australia in the future.
Scam agents immune to justice
Isobel McGarrity from the Refugee Advice and Casework Service in Canberra said staff had seen clients fall victim to immigration scams.
She said people seeking asylum and refugees often faced barriers when accessing justice and understanding their rights.
"Scam immigration consultants exploit this by promising visa outcomes," Ms McGarrity said.
The advice service believed the Australian government should be concerned by such scams because they hurt vulnerable people through compromising the integrity of the immigration system.
"Prosecuting scams, investigating bad conduct within the immigration services industry, and providing funding for free legal services to meet community needs are all ways to counter the problem," Ms McGarrity said.
