Mankoo (Migration)

This matter concerns an appeal by Mr. Mankoo to the Administrative Appeals Tribunal (the Tribunal) following the refusal of his application for a subclass 190 Skilled Nominated permanent visa. The initial refusal was based on the delegate's finding that Mr. Mankoo failed to meet a mandatory criterion, specifically clause 190.216, which relates to Public Interest Criteria (PIC). Mr. Mankoo had been in Australia since April 2009 on a Student visa and lodged his visa application on 11 April 2018.

The primary legal issue before the Tribunal was whether Mr. Mankoo had provided false or misleading information, or bogus documents, in relation to his visa application, thereby breaching PIC 4020. This criterion requires that there be no evidence before the decision-maker of the applicant having provided a bogus document or materially false or misleading information. The delegate's decision had detailed concerns regarding inconsistencies in the evidence provided by Mr. Mankoo, particularly in work reference letters, which led to the finding of a breach of PIC 4020 concerning the assessment of his Australian employment.

The Tribunal considered the evidence presented, including work reference letters and statements about Mr. Mankoo's employment and payment. The delegate had found these documents and statements to be false or misleading in a material particular. While Mr. Mankoo's migration agent argued that evidence existed to satisfy the employment requirements, the Tribunal focused on the core question of whether false or misleading information or bogus documents had been provided. The Tribunal noted specific points of concern, including a statutory declaration made by Mr. Mankoo regarding his studies in 2011.