Rajan (Migration)

The Administrative Appeals Tribunal considered the application of Mr Rajan for a Skilled Nominated (Permanent) (Class SN) visa, subclass 190. The core of the dispute concerned whether Mr Rajan had provided a bogus document or false or misleading information in support of his visa application, which would have triggered a refusal under Public Interest Criterion (PIC) 4020.

The Tribunal was required to determine whether the document provided by Mr Rajan was a legitimate document and, consequently, whether he had breached PIC 4020. Furthermore, the Tribunal had to assess whether Mr Rajan satisfied clause 190.216 of the Migration Regulations 1994.

The Tribunal found that the document in question was legitimate and that Mr Rajan had not breached PIC 4020. Applying this finding, the Tribunal concluded that Mr Rajan satisfied clause 190.216.

Consequently, the Tribunal remitted the decisions under review to the Department with a direction that Mr Rajan satisfies clause 190.216.