Noor Dimbil (Migration)

This matter concerned an application for a Partner (Provisional) (Class UF) visa, Subclass 309, brought by Noor Dimbil. The dispute arose because the applicant had provided a document purporting to be a police check which was later found to be bogus. The decision was made by Kira Raif, a Senior Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met Public Interest Criterion (PIC) 4020, specifically subclause (1) which relates to the provision of bogus documents, and whether the waiver provision in PIC 4020(4) should be applied. The Tribunal was required to determine if, despite the initial provision of a bogus document, the applicant could still satisfy the criteria for the visa.

The Tribunal found that the applicant did not meet PIC 4020(1) due to the submission of the bogus police check. However, it concluded that the waiver under PIC 4020(4) should be applied. This conclusion was based on the Tribunal's view that the applicant had obtained assistance from a third party and was unaware of the bogus status of the document, and that a valid police check had subsequently been submitted. The Tribunal also considered compassionate and compelling circumstances, including the separation of the sponsor from their children, in its assessment.

Consequently, the Tribunal remitted the applications for Partner (Provisional) (Class UF) visas for reconsideration. The direction was that the first named applicant met PIC 4020 for the purposes of clause 309.225 of Schedule 2 to the Regulations.