What happens if the Australian Border Force raids your workplace?

This resource is also available in Traditional Chinese and Vietnamese.
Other translations of this resource will be published soon.

• Do not answer or say “yes” to any question that you do not understand.
• If you do not understand, only say “interpreter please.”
• You should show them your passport or visa if they ask for it.
• Border Force might ask questions about your work. You might get fined if you refuse to answer.
• It is no longer a crime to work in breach of your visa conditions. But there could still be consequences for your visa.
• Do not sign anything unless it has been translated and you have legal advice.
• If you are arrested or questioned by the police instead of Border Force, do not say anything. Ask for a lawyer.
• The interpreter is not your lawyer. 
• You might meet a bad interpreter. You can say “new interpreter please.” You do not have to keep talking to a bad interpreter.
• Get legal help as soon as possible after the raid. Contact your local sex worker organisation and get free legal advice.

Question: I am on a tourist visa, what happens if Border Force comes to where I work?

Answer: They can enter if they have a warrant, or without a warrant if someone agrees to let them in, because tourist visitors cannot work in Australia

Question: Can they cancel my visa?

Answer: Yes, they can recommend Home Affairs consider cancelling your visa if they find evidence that you have breached your visa. But the officer cannot cancel your visa on the spot. In most cases, you will receive written notice by post or email that the Department is considering cancelling your visa, or that your visa has been cancelled. That notice will include information about any appeal rights.  There are also new visa protections in place, which mean that some workers who have experienced workplace exploitation might be protected against visa cancellation even if they have breached a condition of their visa. You should contact a migration lawyer immediately. 

Question: What proof does Immigration need to cancel my student visa?

Answer: Immigration will warn you that your visa might be cancelled if they believe you have breached the conditions of your visa – for example, if you are working too many hours. You can work 48 hours a fortnight during school term. During school holidays you can work unlimited hours.  There are also new visa protections in place, which mean that some workers who have experienced workplace exploitation might be protected against visa cancellation even if they have breached a condition of their visa.

Question: Can they ask the boss to look at the roster? 

Answer: Yes, they can take the roster to check how many hours you work.

Question: Do they access my information at the Australian Taxation Office?

Answer: In our experience, yes.  They might look at the amount of tax to see how many hours you work.

Question: If I am deported for breach of visa and the police take my money (as evidence), how do I get it back?

Answer: In our experience the police can hold the money during an investigation, but they must release it back to you after the investigation is over. Contact AMSWAG if you would like legal advice about this.

Question: What happens if Police raid my workplace? 

Answer:

• If you are arrested by local police for a crime, they might alert Immigration.
• Immigration can cancel your visa for doing something illegal, and they can deport you. Immigration will usually warn you before cancelling your visa. You should get help from a migration lawyer immediately if you are charged or if you get this warning. 
• Do not plead guilty to a criminal offence without making contact with AMSWAG and getting some legal advice.
• Do not talk to the police. You only have to tell them your name and address. Get a lawyer or legal advice as soon as you can. Ask for an interpreter.