Sultani (Migration)

This matter concerned an application for a Child (Migrant) (Class AH) visa, Subclass 117 (Orphan Relative), before the Tribunal. The applicant sought to establish that they were an orphan relative of an Australian relative, which required, among other things, satisfying Public Interest Criterion (PIC) 4020. The core of the dispute revolved around whether the applicant had provided a bogus document or false or misleading information in relation to their application, specifically concerning the death certificates of their parents.

The Tribunal was required to determine whether the applicant met PIC 4020, which mandates that an applicant must not have provided a bogus document or false or misleading information in relation to their visa application or a previous visa held within the preceding 12 months. It also requires that the applicant and their family unit have not had a visa refused due to a failure to satisfy PIC 4020(1) within a specified period, and that the applicant satisfies the Minister as to their identity, with similar provisions for identity-related refusals. The Tribunal also considered whether any compelling or compassionate circumstances justified a waiver of the requirements of PIC 4020(1) and (2), noting that such waivers do not apply to identity requirements.

The Tribunal reasoned that the applicant did satisfy PIC 4020 for the purposes of the Subclass 117 visa. While the case text does not detail the specific evidence considered regarding the unverified death certificates or the mosque verification of burial, it concludes that the applicant met the criteria. The Tribunal applied the definitions of "bogus document" and "information that is false or misleading in a material particular" as found in the Migration Act 1958 and the Migration Regulations 1994, respectively.

Ultimately, the Tribunal remitted the applications for Child (Migrant) (Class AH) visas, Subclass 117 (Orphan Relative), for reconsideration. The direction was that the applicants meet PIC 4020 for the purposes of clauses 117.211 and 117.223 of Schedule 2 to the Regulations, and that clause 117.211 is satisfied by meeting regulation 1.14.