Khaliq (Migration)

This matter concerned an appeal by Mr Talal Khaliq against the refusal of his application for a Subclass 190 Skilled Nominated Permanent Visa. Mr Khaliq had lodged his application on 25 August 2018, having arrived in Australia in May 2012. The visa delegate refused his application on 21 January 2020, finding that he had failed to meet Public Interest Criterion 4020, which requires that an applicant has not provided false or misleading information in relation to their visa application. The appeal was heard by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether Mr Khaliq had provided false or misleading information in support of his visa application, thereby breaching Public Interest Criterion 4020. Specifically, the Tribunal was required to determine if the employment records and associated documentation provided by Mr Khaliq to substantiate his claim of employment with Jerome Mobile Engineers from 16 January 2017 to 11 March 2018 were genuine, or if they were part of a scheme to create a false appearance of employment and skills recognition.

The Tribunal considered evidence gathered by the Australian Border Force and the Australian Federal Police, which indicated a potential payment scheme involving Mr Khaliq and the owner of Jerome Mobile Engineers, Mr Godfrey Fernandez. This scheme allegedly involved cash payments to Mr Fernandez, which were then returned to Mr Khaliq as wages, to fabricate employment history. The Tribunal noted that Mr Khaliq had provided various documents, including an employment reference, payslips, and a skills assessment, to support his claimed employment. However, the investigation suggested that Mr Khaliq may not have been genuinely working for the nominated employer during the stated period. The Tribunal affirmed the delegate's decision, finding that the evidence pointed towards a breach of Public Interest Criterion 4020.