The tragic death of a Fijian man at the Villawood Detention Centre last month has served to highlight the risks of engaging unscrupulous operators posing as Australian migration agents. 

According to investigations by ABC TV's Lateline program, there is evidence to suggest Josefa Rauluni and his family were victims of a visa scam before Mr Rauluni jumped to his death at Villawood.

Tevita Rauluni told the ABC that his family had paid $2,000 to a man who claimed he could get his brother out of detention prior to Mr Rauluni’s death.

According to ABC, Jolame Nale admits to setting up an immigration service earlier this year, but now claims to have shut it down. The Rauluni family says he took their money but did little to help.

In a statement published on the ABC’s website, a spokesman for the Department of Immigration and Citizenship (DIAC) said: “We currently have a number of investigations afoot in a number of communities where these allegations have been made and, of course, there are penalties."

On 29 September DIAC issued a warning to potential migrants to Australia of the dangers of engaging rogue operators who claim to be able to secure an Australian visa, advising people to avoid internet sites and advertisements that claim they can ‘guarantee’ a visa.

It is illegal in Australia for any person to give immigration assistance without being officially registered with the Office of the Migration Agents Registration Authority (Office of the MARA) as a practicing, qualified migration agent.

The Office of the MARA website cautions people to thoroughly vet their potential migration agent first.

“Before engaging your migration agent ask for a contract or statement of services and an outline of fees applicable to your circumstances. You should not sign the contract or statement of services until you fully understand the terms of the work to be done.”

It is also important to note that the Office of the Migration Agents Registration Authority (OMARA) only allows individuals to register as Australian migration agents.   Where an organisation quotes a registered migration agent number, prospective Australian visa applicants should check on the OMARA website that the Australian registed migration agent is officially associated with the organisation.  They should also take care to ensure that the Australian registered migration agent whose number is cited is in fact the individual they are in contact with regarding the management of their immigration case and as such attracts the protections associated with using an Australian registered migration agent. 

In light of the serious consequences of inaccurate immigration advice, in Australia, unregistered individuals providing immigration assistance face up to 10 years imprisonment.  Individuals outside Australia who provide immigration assistance are beyond the jurisdiction of the OMARA and are therefore not subject to the penalties which apply to persons offering such immigration services in Australia.

For this reason the Department of Immigration and Citizenship urges all prospective Australian visa applicants requiring immigration assistance to only use an Australian Registered Migration Agent. See: DIAC Warns - Dangers of Using Unregistered Migration Agents.