Macatangay (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) visa (Subclass 187). The applicant sought review of the decision to refuse the visa. The primary issue before the Tribunal was whether the applicant had provided a bogus document or false or misleading information in relation to the visa application, thereby engaging the requirements of Public Interest Criterion (PIC) 4020.

The Tribunal was required to determine whether the applicant had given, or caused to be given, a bogus document or information that was false or misleading in a material particular, as defined by PIC 4020(1) and section 5(1) of the Migration Act 1958. The Tribunal also had to consider whether any compelling or compassionate circumstances existed that would justify waiving the requirements of PIC 4020(4).

The Tribunal found that the applicant had provided a transcript of record and a letter from Golden Gate College, Philippines, as evidence of English language ability. However, departmental checks revealed that the applicant was not recorded as a student at the college and the documents were not authentic. The Tribunal noted that the definition of a bogus document does not require the false statement to be relevant to a visa criterion, and that PIC 4020 applies regardless of whether the applicant provided the document knowingly or unwittingly, provided an element of fraud or deception by some person is present. The Tribunal was not satisfied that the requirements of PIC 4020(1) should be waived, finding no compelling or compassionate circumstances that justified granting the visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Regional Employer Nomination (Permanent) visa.