Jerwin was 'exploited' while on a training visa. There are fears this is becoming widespread | 7.30

Key Concepts

• Subclass 407 Training Visa: A temporary visa allowing skilled workers to come to Australia for structured workplace training.
• Exploitation of Migrant Workers: The unfair treatment and abuse of foreign workers, often involving long hours, low pay, and unsafe working conditions.
• Coronial Inquest: A legal inquiry into the circumstances surrounding a death, without assigning criminal guilt but to determine facts and make recommendations.
• Modern Slavery/Forced Labor: Severe forms of exploitation involving coercion, deception, or abuse of power to compel someone to work against their will.
• Visa Sponsorship: The process where an Australian entity (e.g., a winery) takes responsibility for a visa applicant, providing training and support.

The Death of Jerwin Royer: A Case of Visa Exploitation and Systemic Failure

This report details the findings of a coronial inquest into the death of Jerwin Royer, a 21-year-old Filipino national who died in Australia in March 2019 while on a Subclass 407 training visa. The inquest revealed a systemic failure by Australian government agencies to protect Jerwin from exploitation, ultimately contributing to the circumstances surrounding his death.

Background and Jerwin’s Aspirations

Jerwin Royer, described as a “very sweet and kind” and “loving” individual, arrived in Australia in early 2019 sponsored by a New South Wales winery. He held aspirations of becoming a pastor in the Philippines, but recognized the need for a degree, leading him to pursue agriculture with the intention of becoming “the first ever agriculturist pastor in the Philippines.” The Subclass 407 visa was intended to provide him with training as a mixed crop farmer and management trainee, and to financially assist his family. He was excited about the opportunity to gain knowledge and “help our parents.”

The Reality of Exploitation

Five weeks after arriving in Australia, Jerwin died. Deputy Coroner Rebecca Hosking found that Jerwin was subjected to exploitation during his time in Australia. He worked approximately 60 hours a week in excessive heat, performing manual labor, and did not receive the training or allowance promised under the terms of his visa. Crucially, he was denied access to his passport and became fearful of his sponsor, referred to as “Operator 1” due to legal restrictions.

The coroner determined that Jerwin either voluntarily jumped or fell from a moving vehicle driven by Operator 1 on March 14th, 2019. Operator 1’s subsequent actions were condemned as “deplorable” – failing to immediately call for an ambulance, downplaying the severity of Jerwin’s injuries, and leaving the scene despite being advised not to. Jerwin died the following day at Royal Melbourne Hospital due to complications from blunt force injuries.

Inadequate Initial Investigation and Systemic Failures

The inquest highlighted significant shortcomings in the initial police investigation into Jerwin’s death, which was described as “inadequate.” Deputy Coroner Hosking’s findings extended beyond the actions of Operator 1, identifying systemic failures within the Department of Home Affairs. Specifically, the coroner found that the Department’s sponsor monitoring unit was not proactively protecting workers at risk of exploitation and that Jerwin’s visa should not have been approved in the first place. Furthermore, the support services offered to migrants were deemed “inaccessible, insufficient and inadequate” for Jerwin’s situation.

As stated by Naz, representing the Royer family, “We are all here today because Australian government agencies failed Jerwin Royer.”

Widespread Migrant Exploitation and Visa Concerns

Moy Turaga, a migrant worker advocate who was himself trafficked to Australia in 1988, emphasized the widespread nature of migrant exploitation, particularly among Subclass 407 visa holders. He receives numerous calls from workers unaware of their rights. He noted that the number of 407 visas granted has increased significantly in the seven years since Jerwin’s death, leaving more workers vulnerable to similar exploitation.

Chris Evans, the National Anti-Slavery Commissioner, described the inquest as a “wakeup call” and wrote to Home Affairs Minister Tony Burke urging reform of the Subclass 407 visa. He stated that fundamental aspects of the visa “absolutely need to be changed” as they are “driving the vulnerability to force labor and modern slavery.”

Department of Home Affairs Response and Future Actions

The Department of Home Affairs stated they are “urgently considering the recommendations and findings” of the coroner. They also indicated that improvements have been made to safeguard migrant workers since Jerwin’s death, with further regulatory changes targeting visa sponsors expected in the first half of the year.

Ongoing Pursuit of Justice

Jessa Roya, Jerwin’s sister, expressed her pain and determination to seek justice for her brother. She acknowledged that the inquest represents only one chapter in her fight, stating, “This is another chapter because just here we don't say we have attained justice there's there's still more.” The deputy coroner has recommended that Jerwin’s death be referred to the Australian Federal Police.

Synthesis/Conclusion

The death of Jerwin Royer serves as a tragic illustration of the vulnerabilities faced by migrant workers in Australia, particularly those on the Subclass 407 visa. The coronial inquest revealed a pattern of exploitation, systemic failures within government agencies, and an inadequate initial investigation. The findings underscore the urgent need for comprehensive visa reform, proactive monitoring of visa sponsors, and accessible support services for migrant workers to prevent future tragedies and combat modern slavery. Jessa Roya’s continued pursuit of justice highlights the importance of accountability and the enduring impact of this case.