HUSSAINI (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 117 (Orphan Relative) visa. The applicant had provided a bogus document in relation to her visa application, which meant she did not meet Public Interest Criterion (PIC) 4020(1). The central dispute revolved around whether the requirements of PIC 4020(1) could be waived due to compassionate circumstances affecting the interests of Australian citizens.

The Tribunal was required to determine whether the applicant satisfied PIC 4020 for the purposes of clause 117.223 of Schedule 2 to the Migration Regulations 1994. This involved assessing whether the circumstances warranted a waiver of the usual requirements of PIC 4020(1), which relates to the provision of bogus documents or information.

The Tribunal found that the applicant did satisfy PIC 4020 for the purposes of the visa. While the applicant had provided a bogus document, the Tribunal determined that the requirements of PIC 4020(1) were met in this instance, implicitly acknowledging that compassionate circumstances affecting Australian citizens were relevant to this assessment. Consequently, the Tribunal remitted the application for a Child (Migrant) (Class AH) visa for reconsideration. The direction was that the applicant meets the specified Public Interest Criterion for the Subclass 117 visa.