1716443 (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of decisions not to grant Child (Migrant) (Class AH) visas, specifically Subclass 117 (Orphan Relative), to certain applicants. The review applicant was a sibling of the visa applicants, who were now over 18 years of age. The core of the dispute revolved around the visa applicants' failure to meet Public Interest Criterion (PIC) 4020, which is a mandatory requirement for the grant of the visa.

The Tribunal was required to determine whether the visa applicants had provided, or caused to be provided, a bogus document or information that was false or misleading in a material particular in relation to their visa applications, as stipulated by PIC 4020(1). Additionally, the Tribunal had to consider whether the applicants had previously had visas refused due to a failure to satisfy PIC 4020(1) or PIC 4020(2A), and whether they satisfied the identity requirements under PIC 4020(2A). The Tribunal also had to consider if any waiver under PIC 4020(4) was applicable, noting that waivers do not extend to identity requirements.

The Tribunal found that the visa applicants did not satisfy PIC 4020. This conclusion was based on the assessment that the applicants had provided a bogus document or false or misleading information in relation to their applications. The Tribunal applied the definitions of "bogus document" under section 5(1) of the Migration Act 1958 and "information that is false or misleading in a material particular" under PIC 4020(5) of the Migration Regulations 1994. The Tribunal noted that the requirement under PIC 4020(1) applies regardless of whether the applicant provided the document or information knowingly or unwittingly, and irrespective of how the Minister became aware of it. The Tribunal also observed that waivers under PIC 4020(4) are not available for identity requirements.

Consequently, the Tribunal affirmed the decisions not to grant the Child (Migrant) (Class AH) visas to the applicants. No claims were advanced in respect of other visa subclasses within Class AH.