Waichigo (Migration)

The applicant, Waichigo, sought review of a decision concerning their application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Temporary Residence Transition stream. The dispute arose from the Department's finding that the applicant had provided bogus documents and false or misleading information in support of their application. The matter was heard by Lilly Mojsin.

The primary legal issue before the Tribunal was whether the applicant had satisfied Public Interest Criterion (PIC) 4020, specifically concerning the provision of a bogus document or false or misleading information in relation to their visa application. This criterion is a mandatory requirement for the Subclass 187 visa.

The Tribunal considered evidence that the applicant had submitted a Sales and Marketing Diploma Certificate and Academic Transcript from the Institute of Commercial Management (ICM) and Lakeview Training Institute. Upon verification, the ICM advised the Australian High Commission that the provided documents bore no resemblance to their authentic records and did not meet their quality control standards, concluding they were counterfeit. While the applicant attempted to explain this by alleging institutional error and subsequent correction of their diploma, the Tribunal found that the applicant had not provided sufficient substantiating evidence from either ICM or Lakeview Training Institute to support these assertions. Crucially, the applicant's explanation did not adequately address the direct advice from ICM regarding the non-genuine nature of the documents.

Ultimately, the Tribunal remitted the applicant's visa application for reconsideration. The direction was that the applicant satisfied PIC 4020 for the purposes of clause 187.213 of Schedule 2 to the Migration Regulations 1994.