Sharma (Migration)

This matter concerned an appeal by the applicant, Sharma, against a decision by the Department of Home Affairs regarding their application for a Regional Employer Nomination (Permanent) visa (Subclass 187), Direct Entry stream. The core of the dispute revolved around the authenticity of documents provided by the applicant to evidence their work experience, specifically concerning their employment at the Lowood Tavern.

The Tribunal was required to determine whether the applicant met the requirements of Public Interest Criterion (PIC) 4020, which is a mandatory requirement for the Subclass 187 visa. This criterion is engaged when an applicant provides a bogus document or information that is false or misleading in a material particular. The Tribunal also needed to consider the implications of the applicant's claimed confusion regarding the dates and details on their employment certificates.

The Tribunal accepted evidence that a first employment certificate from Dominos Ipswich was not impugned by the Department. However, a second employment certificate from the Lowood Tavern Bistro was initially questioned. The Tribunal accepted evidence from former business partners, Ms Vanessa Creer and Mr Kulbir Singh Kahlon, that the applicant had undertaken unpaid volunteer work experience for approximately 20 hours per week from October 2014 until the business ceased operations on 27 September 2015. The Tribunal accepted Mr Kahlon's explanation that the date on the certificate, 10 October 2015, was an oversight and that the intention was to indicate employment until the business's closure. Furthermore, the Tribunal accepted evidence from the tavern owner, Ms Vicki Duncan, that she only knew Mr Kahlon by his nickname "Luckee" and did not realise he was the same person as Kulbir Singh Kahlon until recently, explaining her prior statement to departmental officers. Given these findings, the Tribunal concluded that PIC 4020 was not enlivened.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the requirements of PIC 4020 for the purposes of the Subclass 187 visa. The Minister was to consider the remaining criteria for the visa.