1730853 (Migration)

The Administrative Appeals Tribunal reviewed a decision to refuse Partner (Residence) (Class BS) visas to two applicants. The primary dispute concerned whether the applicant met Public Interest Criterion (PIC) 4020, which is a mandatory requirement for the grant of the visa.

The Tribunal was required to determine if the applicant had provided a bogus document or false or misleading information in relation to the visa application or a previous visa, and whether the applicant and their family unit had a history of visa refusals due to failing PIC 4020. The Tribunal also considered the identity requirements under PIC 4020(2A) and (2B), and whether any waiver provisions applied.

The Tribunal reasoned that PIC 4020(1) requires that there be no evidence of the applicant providing a bogus document or false or misleading information, and that this applies regardless of whether the applicant knew the information was untrue, provided an element of fraud or deception existed. The Tribunal found that the applicant did not meet the criteria under cl.801.226. Consequently, the second applicant, who was not considered a member of the family unit of a primary applicant meeting the criteria, also failed to meet the requirements.

The Tribunal affirmed the decision not to grant the Partner (Residence) (Class BS) visas to either applicant.