2303211 (Migration) [2024] AATA 1172 (29 April 2024)
DECISION RECORD
DIVISION:Migration & Refugee Division
REPRESENTATIVE: Mrs Vaneet Kaur Chadha (MARN: 1686379)
CASE NUMBER: 2303211
MEMBER:Wendy Banfield
DATE:29 April 2024
PLACE OF DECISION: Canberra
DECISION:The Tribunal affirms the decision not to grant the applicant a Student (Temporary) (Class TU) visa.
Statement made on 29 April 2024 at 3:46pm
CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – incorrect information – bogus documents – identity details – previous visa application – passports – mental health issues – decision under review affirmed
LEGISLATION
Migration Act 1958, ss 5(1), 57, 65
Migration Regulations 1994, Schedule 2 cl 500.217; Schedule 4, Public Interest Criterion 4020; r 1.03CASES
Batra v MIAC [2013] FCA 274
Kaur v MIBP [2017] FCAFC 184
Plaintiff M64/2015 v MIBP [2015] HCA 50
Trivedi v MIBP [2014] FCAFC 42Any references appearing in square brackets indicate that information has been omitted from this decision pursuant to section 378 of the Migration Act 1958 and replaced with generic information.
STATEMENT OF DECISION AND REASONS
APPLICATION FOR REVIEW
This is an application for review of a decision made by a delegate of the Minister for Home Affairs on 20 February 2023 to refuse to grant the applicant a Student (Temporary) (Class TU) visa under s 65 of the Migration Act 1958 (Cth) (the Act).
The applicant applied for the visa on 15 March 2022. The delegate refused to grant the visa on the basis that the applicant did not satisfy the requirements of cl 500.217(1) of Schedule 2 to the Migration Regulations 1994 (Cth) (the Regulations) because there was evidence before the Minister that the applicant provided, or caused to be provided, bogus documents or false or misleading information in relation to the visa application.
The applicant appeared before the Tribunal on 16 November 2023 to give evidence and present arguments.
The applicant was represented in relation to the review. The representative attended the Tribunal hearing.
The Tribunal considered the evidence provided to the Tribunal and the Department in its assessment of the applicant’s case.
The applicant submitted a copy of the Department’s decision record dated 20 February 2023. The delegate made the following findings:
There is evidence before the Minister that the applicant has provided, or caused to be provided, a bogus document or false or misleading information in relation to this visa application.
On 15/03/2022, the applicant provided evidence to the Department that was considered to be of a ‘non-genuine’ nature.
The department had adverse information about the applicant’s application. The department suspected that they used another identity, namely [Alias A] (Date of birth [DOB 1]). The basis for this suspicion was as follows:
✃biometric match from facial images obtained by the department;
✃parental information on the passports for each identity being nearly identical, including their names and address as follows:[Alias A]
Passport number: [PN1]
Father: [Father A]
Mother: [Mother A]
Address: [Address 1]
PIN: [Postal…
Continue reading 2303211 (Migration)
Sign in free to access the full text
- AGLC
- 2303211 (Migration) [2024] AATA 1172
- Case
- [2024] AATA 1172
- Decision Date
CaseChat Overview and Summary
The Tribunal was required to determine if the applicant had provided, or caused to be provided, a bogus document or information that was false or misleading in a material particular in relation to the current visa application or a previous visa held within the preceding 12 months. Additionally, the Tribunal had to assess whether the applicant and their family unit had a history of visa refusals due to failing PIC 4020(1) within the preceding three years, and whether the applicant satisfied the Minister as to their identity, with a corresponding assessment of past visa refusals related to identity within the preceding ten years. The Tribunal also considered whether any waiver provisions under PIC 4020(4) were applicable, noting that such waivers do not extend to identity requirements.
The Tribunal's reasoning focused on the applicant's failure to meet the requirements of PIC 4020. It was found that the applicant had provided a bogus document or information that was false or misleading in a material particular. 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). The Tribunal noted that the definition of a bogus document does not require the false or misleading statement to be relevant to a visa grant criterion, referencing case law such as *Arora v MIBP* and *Batra v MIAC*. Furthermore, the Tribunal observed that the provisions of PIC 4020(1) and (2) apply regardless of whether the applicant provided the document or information knowingly or unwittingly, and irrespective of how the Minister became aware of it. The waiver provisions in PIC 4020(4) were not applicable to the identity requirements.
Consequently, the Tribunal affirmed the decision not to grant the applicant the Student (Temporary) (Class TU) visa, finding that the applicant did not meet the necessary criteria.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.