Aktar (Migration)

This matter concerned an appeal by Ms Aktar against the refusal of her Skilled Nominated (Permanent) (Class SN) visa, subclass 190. The original application was refused by a delegate who was not satisfied that Ms Aktar met the requirements of clause 190.216, specifically Public Interest Criterion 4020. This criterion requires that an applicant has not provided a bogus document or false or misleading information in relation to a visa application or a visa held within the preceding 12 months. The delegate's decision was reviewed by the Administrative Appeals Tribunal.

The central legal issue before the Tribunal was whether Ms Aktar had provided a bogus document or false or misleading information in relation to her visa application, thereby failing to satisfy Public Interest Criterion 4020. This question arose from the department's checks which revealed inconsistencies between information provided in her previous student visa application and her current skilled visa application, particularly concerning her claimed work experience and associated documentation.

The Tribunal considered the evidence, including work references provided by Ms Aktar. It noted that the department had found serious inconsistencies between work references submitted for her student visa application and those submitted for her skilled visa application. Specifically, the Tribunal highlighted a discrepancy between a work reference from the Embassy of Sweden dated June 2016, which stated Ms Aktar held the position of Program Officer Water Resources Management for Climate Change adaption from December 2015, and another work reference dated 18 August 2016. The Tribunal found that the position and duties described in the references were inconsistent. However, the Tribunal also noted that Ms Aktar had progressed successfully along an academic and career pathway, and that the job title in question was the same as a Junior Civil Engineer. The Tribunal concluded that the document was legitimate and remitted the decision for reconsideration.