Have you received a Notice of Intention to Take Action (NOITTA)?

If you are an Accredited Sponsor or Standard Business Sponsor the Department of Home Affairs (“DHA”) and the Australian Border Force (“ABF”) have a number of powers to monitor your compliance with your obligations as a sponsor.

Under the Migration Act 1958 immigration inspectors have authority to:

  • Enter business premises or other places where records are kept
  • Interview any persons while at the premises
  • Inspect any work, process of object at the premises
  • Inspect, and make copies of, any record or document (including electronic documents) kept on the premises
  • Request access to records at the premises
  • Request production of records within a specified period of time

Possible sanctions for non-compliance

A business sponsor who is found to be non-compliant with their sponsorship obligations may face a number of possible sanctions that include:

  • Cancellation of their approval as a business sponsor
  • Being barred from sponsoring other overseas workers
  • Being barred from making further applications to be an approved business sponsor
  • Infringements notices and civil penalties issued by the courts
  • Enforceable Undertaking requirements between the business sponsor and the DHA/ABF

It is worth noting that more than one sanction can be imposed.

Introduction of the Strengthening Employer Compliance Bill 2023

The recent introduction of the Strengthening Employer Compliance Bill has made the consequences of non-compliance a criminal offence for employers and third-party providers who misuse visa programs to exploit temporary migrant workers.

By proactively addressing compliance issues, organisations can protect their reputation, maintain legal integrity, and ensure the successful employment of sponsored workers in Australia.

If you are being monitored by the DHA/ABF or have received a Notice of Intention to Take Action (NOITTA) it is highly recommended that you engage immigration legal representation to act on your behalf.

Assistance & Next Steps

If you are being monitored by the DHA/ABF or have received a Notice of Intention to Take Action (NOITTA) it is highly recommended that you engage immigration legal representation to act on your behalf.

Schedule a consultation with Ethos Migration Lawyers to discuss your immigration compliance requirements.

How Ethos Migration Lawyers Can Help

Reviewing allegations

If you have received a Notice of Intent to Take Action (NOITTA) it is highly likely the Department has identified breaches. Our team of specialist immigration lawyers will review the allegations put forward by the Department and ensure they are legally correct

Preparing a defence

It is important that a well-constructed defence is prepared to ensure the Department has all the relevant information before proceeding to make a decision. Our team will work closely with you to put forward your best case.

Minimising sanctions

Our representations will take into consideration all elements of the matter and work with you to minimise the impact of any adverse consequences that may be considered by the Department.

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