Bennett (Migration)

This matter concerned an appeal by the applicant, Bennett, against the decision of the Department of Immigration and Border Protection to refuse to grant him and his secondary applicant an Employer Nomination (Permanent) visa (Subclass 186) under the Temporary Residence Transition Stream. The core of the dispute revolved around whether the applicant had provided false or misleading information or a bogus document in relation to his application, specifically concerning his employment history and industry experience. The review was heard by Alan McMurran of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met Public Interest Criterion (PIC) 4020, as required by clause 186.213(1) of the Migration Regulations 1994. This criterion mandates that an applicant must not have provided a bogus document or false or misleading information in relation to their visa application or a previous visa held within the preceding 12 months. The Tribunal was also required to consider whether any failure to meet PIC 4020(1) could be waived under PIC 4020(4) due to compelling or compassionate circumstances.

The Tribunal found that the applicant had stated he was "unable to provide evidence of me working at NTT fundraising between 2008 and 2011." This inability to provide evidence, coupled with the definition of a "bogus document" in section 5(1) of the Migration Act 1958, which includes documents obtained due to a false or misleading statement, led the Tribunal to conclude that the applicant had not satisfied PIC 4020(1). The Tribunal considered the possibility of a waiver under PIC 4020(4) but ultimately determined that the circumstances did not justify granting the visa.

Consequently, the Tribunal affirmed the decision not to grant the applicants their Employer Nomination (Permanent) visas. The decision in respect of the secondary applicant followed from the determination made regarding the primary applicant.