Ahmadi (Migration)

The Administrative Appeals Tribunal, through SM Michael Cooke, considered an appeal by an applicant for a Child (Migrant) (Class AH) visa, subclass 117 (Orphan Relative). The core of the dispute revolved around the applicant's identity, specifically their date of birth, and whether the information provided in support of the visa application was false or misleading, thereby potentially failing to meet Public Interest Criterion (PIC) 4020.

The Tribunal was required to determine whether the applicant had provided a bogus document or false or misleading information in a material particular in relation to their visa application, as stipulated by PIC 4020(1). Furthermore, the Tribunal had to assess whether the applicant satisfied the identity requirements under PIC 4020(2A). The Tribunal also considered the definitions of "bogus document" and "information that is false or misleading in a material particular" as they applied to the case.

The Tribunal reasoned that the applicant's date of birth was not supported by a birth certificate, and a national identity card had been issued based on a self-declared date. Crucially, the applicant's and their sibling's dates of birth had been altered between the sponsor's own visa application and the current application. While school records and the ages of siblings provided some support for the claimed age, the Tribunal found inconsistencies, particularly concerning the mother's age at the time of each child's birth and the sponsor's estimation of years when applying from a third country. The Tribunal noted that the waiver provisions in PIC 4020(4) did not apply to the identity requirements under PIC 4020(2A).

Given the unresolved issues regarding the applicant's identity and the potential for false or misleading information, the Tribunal concluded that the matter should be remitted for reconsideration.