Narayanasamy (Migration)

This matter concerned an appeal by Mrs Narayanasamy against the refusal of her application for a Student (Temporary) (Class TU) visa, subclass 500. The Administrative Appeals Tribunal was required to review the delegate's decision.

The primary legal issue before the Tribunal was whether Mrs Narayanasamy satisfied the criteria for the grant of a student visa, specifically Public Interest Criterion (PIC) 4020. This criterion requires that an applicant has not provided a bogus document or false or misleading information in relation to a visa application or a visa held in the 12 months prior to the current application. If a breach of PIC 4020 was found, the Tribunal also had to consider whether the requirement could be waived based on compelling circumstances affecting Australia's interests or compassionate or compelling circumstances affecting an Australian citizen, permanent resident, or eligible New Zealand citizen.

The Tribunal noted that Mrs Narayanasamy had previously been granted a Skilled Recognised Graduate Visa (subclass 476) in February 2018, which was valid at the time of her current application. Investigations by the Department concluded that an academic transcript provided in support of that earlier application was a bogus document. The Tribunal found that this constituted a breach of PIC 4020. The Tribunal then considered whether to waive this requirement, examining the evidence provided by Mrs Narayanasamy in response to the delegate's concerns, including a statement from her migration agent and a letter from her employer.

The Tribunal affirmed the delegate's decision to refuse the visa application.