The Department of Immigration has fewer than 40 dedicated officers monitoring 7.5% of Australia’s 22,450 employer sponsors and, in 2011/2012, uncovered breaches in less than 40% of sites visited., The Department won its first and only case in the Federal Court to date on 28 June 2012: Minister for Immigration v Sahan Enterprises Pty Ltd. Mr Sahan had underpaid his head chef a total of $14,796 over the course of 15 months and was found to have failed to meet two of its sponsorship obligations: the obligation to pay equivalent terms and conditions, and the obligation to keep appropriate records. The court considered that sponsored workers are especially vulnerable to exploitation and issued a pecuniary penalty of $35,000, plus $11,000 in court costs to Mr Sahan.

This information is not a substitute for legal advice and should not be relied upon without further advice from a registered migration agent.

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