1617151 (Migration)

This matter concerned a review of a decision regarding an application for a Child (Migrant) (Class AH) visa, Subclass 117 (Orphan Relative). The primary issue before the Tribunal was whether the visa applicant met Public Interest Criterion (PIC) 4020(1), which prohibits the provision of bogus documents or false or misleading information in relation to a visa application. The Tribunal was required to determine if the applicant had provided such documents or information, and if so, whether there were compelling or compassionate circumstances that would justify a waiver of this requirement.

The Tribunal considered evidence presented by the review applicant, who is the biological brother of the visa applicant. This evidence detailed the family's history, including the death of their parents and the disappearance of another brother, leaving the visa applicant in the care of his sister-in-law. The review applicant explained the process by which the visa applicant, then a minor, obtained identity documents and a death certificate from the Afghan Consulate in Quetta, Pakistan. He expressed shock upon learning these documents were deemed fake, noting that the visa applicant followed the prescribed procedures and that another document, a passport obtained similarly, was accepted as genuine. The review applicant also highlighted the difficulties faced by Hazaras in obtaining assistance from Pashtun consulate staff and the risks associated with the visa applicant's unlawful status in Pakistan, his inability to obtain formal education or work, and the dangers of returning to Afghanistan.

The Tribunal found that the issues to be determined were whether the applicant had provided a bogus document or false or misleading information, and if so, whether compassionate or compelling circumstances existed for a waiver of PIC 4020(1). The Tribunal concluded that the matter should be remitted for reconsideration by the Minister, with a direction that the applicant meets PIC 4020 for the purposes of cl.117.223 of Schedule 2 to the Regulations.