LIU (Migration)

The Administrative Appeals Tribunal considered an application for a Child (Migrant) (Class AH) visa, Subclass 101. The review applicant sought reconsideration of a decision concerning his daughter's visa application.

The primary legal issue before the Tribunal was whether the visa applicant met Public Interest Criterion (PIC) 4020, which relates to the provision of bogus documents or information. The Tribunal also considered the implications of the review applicant's prior dealings with the Department of Immigration, specifically regarding the omission of his daughter from his own permanent residence application based on advice from a migration agent.

The Tribunal acknowledged that the review applicant had provided untruthful information in his dealings with Immigration, potentially leading to a breach of s. 101 of the Migration Act 1958 (Cth) and cancellation under s. 109. However, the Tribunal determined that the core issue for its review was the meeting of PIC 4020. The Tribunal found that the visa applicant met the criteria for PIC 4020 for the purposes of cl. 101.223 of Schedule 2 to the Migration Regulations 1994.

Consequently, the Tribunal remitted the application for a Subclass 101 (Child) visa for reconsideration, with the direction that the visa applicant meets PIC 4020.