Pervez (Migration)

The Administrative Appeals Tribunal affirmed the refusal of Mr Pervez's application for a Student (Temporary) (Class TU) visa (subclass 500). Mr Pervez had lodged his application on 4 October 2016, having been in Australia since November 2012 and previously granted three student visas. The visa application was refused by the delegate on 24 October 2017, on the basis that Mr Pervez failed to satisfy clause 500.217 of the Migration Regulations 1994, which incorporates Public Interest Criterion (PIC) 4020.

The central legal issue before the Tribunal was whether Mr Pervez had provided a bogus document or false or misleading information in relation to his visa application, thereby failing to satisfy PIC 4020(1). Specifically, the delegate found that a loan document dated 13 October 2016, purportedly from Habib Bank, stating that Mr Pervez's father had been granted a loan of 3.7 million rupees for his education expenses, was fabricated. The delegate also considered whether there were compelling or compassionate circumstances that would justify granting the visa under PIC 4020(4) despite the failure to satisfy PIC 4020(1).

The Tribunal affirmed the delegate's decision, finding that the loan document was indeed bogus. An integrity check conducted by the department revealed that a Habib Bank representative advised the document was non-genuine, noting that the branch code on the letter did not correspond to the purported issuing branch. Furthermore, the bank could not locate any account matching the details provided. Mr Pervez's response, suggesting he was unsure how the bogus documents were submitted and that his father would investigate, did not satisfy the delegate, nor the Tribunal, that there were compelling or compassionate reasons to grant the visa notwithstanding the failure to meet PIC 4020(1).