SAPKOTA (Migration)

The applicant, SAPKOTA, sought judicial review of a decision by the Minister for Immigration and Border Protection to refuse their application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the Direct Entry stream. The applicant had applied for this visa as a cook. The Minister's decision was based on the finding that a work reference provided by the applicant was a "bogus document" within the meaning of the *Migration Act 1958* (Cth).

The primary legal issue before the court was whether the work reference provided by the applicant was indeed a bogus document. If it was found to be a bogus document, the court would then need to consider whether the applicant met the criteria under Public Interest Criterion (PIC) 4020, which relates to the provision of false or misleading information or bogus documents.

The court found that the work reference, despite initial doubts, was genuine in both its authorship and content. The evidence presented established that the employer had indeed provided the reference and that the information contained within it accurately reflected the applicant's employment. Consequently, the court determined that the applicant had not provided a bogus document and therefore met the requirements of PIC 4020. The Minister's decision was set aside and remitted to the Department for reconsideration.