Amini (Migration)

This matter concerned applications for Child (Migrant) (Class AH) visas, Subclass 117 (Orphan Relative), made by Ms Zarifa Mohammad Amin and Ms Farzana Mohammad Amin. The applicants claimed to be siblings of the sponsor, Mr Hassan Reza Amini. The dispute arose when the Department of Home Affairs concluded that the Tazkiras and passports provided by the applicants were fraudulent, leading to a failure to satisfy Public Interest Criterion (PIC) 4020. The decision under review was made by a Member of the Tribunal, Rosa Gagliardi.

The primary legal issue before the Tribunal was whether the applicants met the requirements of PIC 4020, specifically concerning the provision of fraudulent documents and the satisfaction of identity requirements. The Tribunal was required to consider whether any compelling or compassionate circumstances justified a waiver of the relevant provisions of PIC 4020, noting that waivers were not available for identity requirements under PIC 4020(2A) and (2B).

The Tribunal reasoned that while the applicants had provided fraudulent documents, this was not done with the intention of deceiving the Department. It was explained that the applicants, young females residing in Pakistan without a male guardian, had relied on an unauthorised agent to obtain their identity documents, believing them to be genuine. The Tribunal also noted that the applicants had later taken steps to obtain genuine documents and had travelled to their home country at some risk to do so. Considering these factors, the Tribunal concluded that there were compelling or compassionate reasons justifying the grant of the visa, and that the applicants met PIC 4020 for the purposes of the visa application.

Consequently, the Tribunal remitted the applications for reconsideration with a direction that the applicants met the requirements of PIC 4020 for the grant of the Subclass 117 (Orphan Relative) visas.