But now to an item about immigration from a much more reputable source, the ABC's 7.30.

Here's Chris Uhlmann introducing an exclusive report two weeks ago which the program called "Fake and Enter"

Chris Uhlmann: Two Immigration Department insiders have broken ranks to reveal to 7.30 serious claims of frequent and widespread fraud in visa applications. The allegations relate to family visa claims from Afghanistan and Pakistan. — ABC1, 7.30, 2nd May, 2012

Watch the 730 report (external web page)

As you'd expect given a hot topic like that, the story was widely followed up in other media...

Morrison demands answers on visa fraud — AAP, 3rd May, 2012

Read the AAP article

Fooled by a ship of frauds — Sunday Telegraph, 6th May, 2012

Read the Sunday Telegraph article

But Media Watch received complaints about the segment soon after it went to air. And it seems to us it had some serious flaws.

One was this: at the start of the segment, Hayden Cooper, introduces us to a whistleblower who used to process visa applications in the Australian High Commission in Pakistan. He goes on:

Hayden Cooper: One of the most common complaints is of Pakistanis who claim to be Afghans. The method is simple: buy identification documents at the local Afghan consulate in Pakistan, then apply for a visa in Australia. Former Visa Officer: A large percentage of my case load would have been Pakistanis claiming to be Afghan refugees or Afghan asylum seekers. — ABC1, 7.30, 2nd May, 2012

It sounds like she's talking about people applying for refugee visas in Islamabad.

More than a minute later, with no reference to any other kind of visa application, we were told this:

Hayden Cooper: Behind a desk in Islamabad, the anonymous staffer says many such visa applications were detected and rejected, but that's when the Migration Review Tribunal, or MRT, would step in. Former Visa Officer: The sponsor would go to the MRT in Australia and the case would be remitted, and in that case we would have to - we'd have no choice but to grant. — ABC1, 7.30, 2nd May, 2012

Although it didn't tell us so, 7.30's whistleblower worked in Islamabad more than three years ago. But then, as now, the Migration Review Tribunal didn't make decisions about people applying for refugee visas at overseas embassies. The Department of Immigration confirms:

Only people who have applied onshore have access to merits review. — Sandi Logan, National Communications Manager, Department of Immigration and Citizenship, 3rd May, 2012

Read Sandi Logan's response to Media Watch's questions

7.30 has given us a long response on this issue. It's on our website. In summary, it claims:

... your assertion that we have linked refugee cases with the MRT is simply incorrect, which is plain from a close reading of Hayden Cooper's script. — Sally Neighbour, Executive Producer, 7.30, 11th May, 2012

Read Sally Neighbour's response to Media Watch's questions

Well, I disagree. It's not plain from a close reading of the script, and it's certainly not plain from a one-off viewing of the program. It wasn't plain either to the writer of this editorial in The Australian:

This week, ABC1's 7.30 program interviewed a former Immigration Department official who said the system suffered from "endemic fraud" as each year hundreds of asylum-seekers lied about their nationality to gain a visa. — The Australian, 4th May, 2012

Read The Australian article

A well-known migration agent appeared to confirm that that was the issue:

Marion Le: I'm not sure that I would say regularly, but it's certainly something I have come across. I know that there are people living now in Australia as permanent residents and as citizens who are actually citizens of Pakistan, but who pass themselves off as Afghans. — ABC1, 7.30, 2nd May, 2012

Marion Le is normally a champion for the rights of asylum-seekers. So her presence in the program reinforces the credibility of the whistleblowers' claims. A few seconds later, she continues...

Marion Le: Some people think, "Well, as long as they're here they can stay in the community on their false identities," I think that's a very big concern for Australia because we have no way of knowing who those people are. — ABC1, 7.30, 2nd May, 2012

Next morning, the high-rating morning host of Sydney's 2GB, Ray Hadley, scourge of the Labor government's migration policy, replayed those soundbites from Marion Le not once but twice...

Ray Hadley: Now this is the person who's an advocate for illegal boatpeople. Marion Le, on the ABC last night ... ... That's the most important contribution Marion Le's made to this debate ... "We have no way of knowing who they are". Marion, God bless you. — Radio 2GB, The Ray Hadley Morning Show, 3rd May, 2012

But Marion Le claims she was taken seriously out of context by 7.30. In that second soundbite, she told Media Watch, she wasn't talking about people from Afghanistan or Pakistan at all.

I was referring to the cases that I have seen, all of which come from Europe. The false documents I have seen have been from Slovenia, Italy and the Czech Republic. None have been from Pakistan nor Afghanistan. — Marion Le, Migration Agent and Refugee Advocate, 3rd May, 2012

7.30 says that in her actual interview, Marion Le didn't make that clear.

The precise meaning of her vague reference to 'if we move from countries like Pakistan and we move to Europe' etc was not apparent to our journalists, nor should it be any more apparent to you. — Sally Neighbour, Executive Producer, 7.30, 11th May, 2012

Well, again, I don't agree. Regrettably, 7.30 hasn't given us access to the original, unedited interview; but they have included the relevant transcript in their response. This is the crucial passage: to my mind, Marion Le, who has just been talking about Afghans and Pakistanis, clearly changes the subject:

Marion Le: ... it is a very big concern. And if we move from countries like Pakistan and we move to Europe and the vast majority of people I deal with do not come by boat they come by aeroplane and they come on false passports ... — From unedited 7.30 Transcript

She makes those people hand over their false passports, says Marion Le, but others don't...

Marion Le: ... and that is, I think, that's a very big concern for Australia because we have no way of knowing who those people are. — From unedited 7.30 Transcript

7.30's full response is on our website. Judge for yourself. But that's not the only time, Marion Le claims, that her words were used out of context.

The whistleblowers' chief complaint is that the Migration Review Tribunal is allowing the rorting of family reunion, spouse and carer visas by people falsely claiming to be related to Australian residents. And at the start of the segment, Chris Uhlmann made this rather sensational claim.

Chris Uhlmann: They say it's even led to child trafficking on Australian soil. — ABC1, 7.30, 2nd May, 2012

But the nearest Hayden Cooper's report came to the topic of 'child-trafficking' was this claim by a second whistleblower about...

(female voiceover): "Illegal facilitation of non-family members, children, child brides and unknown strangers via false documents, false statements and false applications" — ABC1, 7.30, 2nd May, 2012

That assertion was supported by the first unidentified source...

Former Visa Officer: I know that there are children that have come to Australia that are not related to the people that they have been sponsored by, that they're not part of that person's family. They've just been lost in the system, lost in the world of wherever they are. Hayden Cooper: It's a system that many claim is easy to abuse, one in which false documents and identity changes are not uncommon and women and children are sometimes exploited. — ABC1, 7.30, 2nd May, 2012

But the only independent corroboration of those claims comes from Marion Le

Marion Le: I often come across women and girls who have been beaten and their families and who don't leave for cultural reasons. You know, I've got four cases on my books at the moment of very, very serious abuse here in Australia. — ABC1, 7.30, 2nd May, 2012

In a furious email to 7.30, Marion Le complained that

The closing comment was absolutely out of context and referred to my serious concerns as to the treatment of some women who are brought to Australia as partners and are then subjected to domestic violence ...that had absolutely nothing to do with the Pakistani case load — Marion Le, Migration Agent and Refugee Advocate, 3rd May, 2012

Read Marion Le's email to 7.30

Read 7.30's email requesting an interview with Marion Le

In fact, Marion Le told Media Watch, of those four cases of abused women and girls on her books...

None ... are from Pakistan or Afghanistan. They are from China, Vietnam, Bangladesh, and Iraq. Also, there's no evidence that any of these women came to Australia on fraudulent visas. — Marion Le, Migration Agent and Refugee Advocate, 3rd May, 2012

7.30 told us that the question she was asked was about women from Pakistan and Afghanistan - which is true - and that

... there is nothing in her answer to suggest the cases of abuse she refers to were not Afghans or Pakistanis. — Sally Neighbour, Executive Producer, 7.30, 11th May, 2012

Well, once again, I disagree. Here's the first part of Marion Le's answer from the transcript of the unedited interview:

Marion Le: Oh I think that happens very often. I think it happens across each migrant group, actually - certainly happens in the Indo-Chinese caseload when thousands of people came in and people weren't given the support on the ground here. Certainly it's happening at the moment with countries, with people from Africa, not just the Afghans, Pakistani groups ... — From unedited 7.30 Transcript

It seems to me that, despite what she was asked, Marion Le makes clear that her answer is not specifically about Afghans or Pakistanis. And neither question nor answer were about fraudulent entry. But again, the transcript is on our website. Judge for yourselves.

Perhaps you think these are trivial quibbles. They certainly aren't to Marion Le. As she said to us...

I have spent so much of my energy defending the rights of asylum seekers. I work so hard on this, and this is just so upsetting. I did not expect this from the ABC or 7:30. — Marion Le, Migration Agent and Refugee Advocate, 3rd May, 2012

We've got no doubt that 7.30's informants sincerely believe the family reunion system is being widely abused: and that's a legitimate story. But it was sloppily told; and in seeking to corroborate the whistleblowers' claims, 7.30 took impermissible liberties, I think, with Marion Le's interview.

7.30 these days is breaking far more original stories than it used to - which is a welcome development.

But sensational stories invite serious scrutiny: that's what we've given this one tonight.

Until next week goodnight

Read the Migration Review Tribunal's response to Media Watch's question

Read the Migration Review Tribunal's attachment: statistics provided to 7.30