Patel (Migration)

This matter concerned an appeal by Mr Patel against a decision by the Department of Home Affairs to refuse his application for a Skilled Regional Sponsored (Provisional) (Class SP) visa, subclass 489. The refusal was based on the delegate's finding that an appointment letter and an employment reference letter provided by Mr Patel were not genuine documents, leading to a breach of Public Interest Criterion 4020 and consequently clause 489.211 of the Migration Regulations 1994. The Administrative Appeals Tribunal, constituted by Tim Connellan, was required to determine whether the documents in question were indeed bogus and whether Mr Patel had satisfied the relevant visa criteria.

The Tribunal found that the delegate's assessment that the provided documents were not genuine was not supported by the evidence. The Tribunal noted that a reference check conducted by VETASSESS in October 2015 involved contacting Mr Patel's employer, President Motors, and speaking with the service manager who had signed the disputed letter. This individual confirmed Mr Patel's employment as a motor mechanic. Furthermore, the Tribunal considered additional letters from the same individual, dated October 2015 and May 2018, and was satisfied that the signatures on these documents were consistent and genuine. The Tribunal also took into account the comprehensive submissions made by Mr Patel's agent, which included evidence that his skills assessment process was initiated and completed while he was employed by President Motors, and that he could not have met the skills assessment requirements without prior experience as a motor mechanic.

Based on this reasoning, the Tribunal concluded that the documents provided by Mr Patel were genuine and that he had not breached Public Interest Criterion 4020. Consequently, the Tribunal remitted the matter back to the Department of Home Affairs with a direction that Mr Patel satisfied criterion 489.211.