OSEI-OWUSU (Migration)

This matter concerned an application for a Partner (Residence) (Class BS) visa, Subclass 801 (Spouse), by the applicant, Osei-Owusu. The dispute arose from allegations that the applicant had provided a counterfeit divorce certificate and made false or misleading statements regarding her previous marriage in her visa application and on her marriage certificate. The decision under review was made by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant met Public Interest Criterion (PIC) 4020, as required by clause 801.226 of the Migration Regulations 1994. This criterion generally requires that an applicant has not provided a bogus document or false or misleading information in relation to their visa application or a previous visa, and has not had a visa refused for failing to meet PIC 4020. The Tribunal also considered whether there were compelling or compassionate circumstances to waive these requirements.

The Tribunal found that the applicant's previous marriage and the subsequent provision of a counterfeit divorce certificate, coupled with her declaration of being "Never Validly Married" on her marriage certificate, raised significant concerns under PIC 4020. The Tribunal noted contradictory information regarding whether the applicant had disclosed her previous marriage to her sponsor, and that the sponsor himself had indicated the applicant had never been married. Despite these issues, and the fact that the relationship had ceased, the Tribunal concluded that the matter should be remitted for reconsideration.

The Tribunal remitted the applications for a Partner (Residence) visa for reconsideration, with a direction that the applicant meets PIC 4020 for the purposes of clause 801.226.