In a landmark move, the Australian Border Force (ABF) has exercised new powers for the first time under the Migration Amendment (Strengthening Employer Compliance) Act 2024, banning Perth-based Eatalian Deli (WA) Pty Ltd from employing migrant workers for five years—until 2030. This would likely affect both Subclass 407 Training Visas and Subclass 482 Skills in Demand Visas. Furthermore, it is likely that they will be unable to offer permanent residency via the Subclass 186 Pathway
The business has been added to the Prohibited Employer Register, a public list of employers barred from hiring temporary or permanent visa holders. This public register is designed to protect visa holders and improve transparency across the system.
🧾 What Led to the Ban?
Following an investigation, the ABF found:
- Misleading information had been provided in a sponsorship application; and
- Serious breaches of sponsorship obligations had occurred.
As a result, the employer is no longer able to sponsor or employ any visa holders until the ban is lifted. This is the first enforcement action of its kind under the updated laws—and it serves as a reminder of the expectations placed on all approved sponsors.
You can view the register here:
🔗 ABF Prohibited Employer Register
🧑⚖️ What’s Changed in 2024?
The updated legislation, which came into effect on 1 July 2024, gives the ABF greater powers to respond to the mistreatment of migrant workers. Some key updates include:
- New criminal offences for using a visa holder’s status to exploit them—penalties can include fines up to $118,800 or imprisonment of up to two years.
- Increased investigation powers, including unannounced workplace visits.
- The introduction of the Employer Prohibition Notice and a public register of banned employers.
Assistant Minister for Immigration Julian Hill MP noted:
“This public notice is a clear warning to any employer tempted to mistreat their workers… there is no place in Australia for employers who exploit them and you can now be publicly shamed.”
✅ What This Means for Employers
This new enforcement action highlights the importance of understanding and meeting sponsorship obligations.
Whether you're an existing sponsor under the subclass 482, subclass 400, or planning to engage migrant workers in the future, now is a good time to:
- Review your compliance processes to ensure everything is in line with current obligations.
- Keep accurate records for visa holders, including payslips, duties, rosters, and contracts.
- Educate HR and payroll teams on the strengthened rules and employer responsibilities.
- Get professional advice early if you’re unsure about your obligations or receive a request from the Department.
Staying proactive can help you avoid penalties and ensure your business is seen as a trusted, compliant sponsor.
👩💼 A Note for Visa Holders
These changes also benefit visa applicants and current visa holders. The public register helps you make informed choices about your employment options and encourages higher standards across the board.
About Rocket & Ash Immigration Law
At Rocket & Ash Immigration Law, we specialise in helping partners, businesses, and professionals navigate the complexities of Australian immigration law. Our expertise in visa applications ensures that you receive tailored advice and support throughout your immigration journey.
If you require assistance with your Subclass 482 Visa or Subclass 186 Permanent Residency Visa application or have any other immigration-related queries, our experienced team can help.
Please book a free 15-minute discussion with our team if you have further questions.
Written by Ines Jusufspahic, LPN: 5511366
This article does not constitute legal/financial advice or create an attorney-client relationship. For up-to-date information, please consult an immigration professional