Abreha (Migration)

This matter concerned an appeal by the applicants, Selam Araya Weldu and Eyob Araya Weldu, against decisions of the Department of Home Affairs to affirm the refusal of their Child (Migrant) (Class AH) visa, Subclass 117 (Orphan relative) applications. The core of the dispute revolved around the authenticity of death certificates submitted in support of the applications, which claimed the applicants' parents were deceased.

The primary legal issue before the Tribunal was whether the applicants satisfied the requirements of Public Interest Criterion (PIC) 4020, specifically concerning the provision of bogus documents or false or misleading information. The Tribunal was also required to consider whether, if PIC 4020 was not satisfied, there were compelling or compassionate circumstances that would justify a waiver of this criterion. The Tribunal had to determine if the submitted death certificates were "bogus documents" as defined by section 5(1) of the Migration Act 1958 (Cth) and whether this failure to meet PIC 4020 could be waived.

The Tribunal reasoned that the death certificates for the applicants' purported parents were not genuine. Verification checks conducted by the International Organisation for Migration in Ethiopia indicated that the issuing office had not issued the documents and that the seals on the certificates were inconsistent with genuine seals used by that office. Consequently, the Tribunal found that the applicants had provided bogus documents, thereby failing to satisfy PIC 4020(1). The Tribunal noted that the waiver provisions under PIC 4020(4) did not apply to the identity requirements, and while the definition of "bogus document" does not require the false or misleading statement to be relevant to a visa criterion, an element of fraud or deception by some person is necessary for the provision to operate.

The Tribunal concluded that the decisions under review should be affirmed, as the applicants had failed to satisfy PIC 4020 due to the submission of bogus death certificates, and no grounds for waiver were established.