Misleading Information and bogus documents


Date:2016-10-10
- Niraj Shrestha,
 
Nepali Vision | Most of you wonder what happens if the misleading information or bogus documents are provided in the visa application. When filling up the application form to lodge the visa application, the misleading information may be provided either intentionally or it could be just an error. Sometimes you may have withhold the information while lodging the visa application and when it was later found by the department that the information you provided is not in consistent with the information the department has about you, it may lead to the refusal of your visa application.
 
In relation to bogus documents, the migration act defines bogus docs as:
bogus document, in relation to a person, means a document that the Minister reasonably suspects is a document that:
 
(a)  purports to have been, but was not, issued in respect of the person; or
(b)  is counterfeit or has been altered by a person who does not have authority to do so; or
(c)  was obtained because of a false or misleading statement, whether or not made knowingly.
 
Documents that could be counterfeit are as follows:
 
• Passport, birth certificate, marriage certificate, educational certificate, work reference or financial document
• work experience documentation relating to skilled work undertaken in their nominated occupation prior to the application being made
• digitally altered photos to support claims of relationship
 
Documents issued by a genuine authority but obtained fraudulently:
 
• English test result not achieved by the applicant
• Skill assessment obtained by providing false docs to the skill assessment body
• RPL certificate obtained because of false docs submitted to RTO
PIC 4020 and failing to satisfy:
 
Public interest criterion (PIC) 4020 enables refusal of a visa if the applicant provides a bogus document, or information that is false or misleading in a material particular in relation to the application for the visa, or in relation to a visa that the applicant held in the period of 12 months before the application was made. It also enables refusal where the applicant fails to satisfy the delegate as to their identity.
 
 
PIC 4020 was introduced on 2 April 2011 to discourage the visa applicant to provide false information in the visa application or in relation to a visa that the applicant held in the 12 months period before the visa application is made. If the applicant doesn't satisfy the above PIC, the department will refuse the visa application. As a result, the applicant won’t be able to lodge a new visa application for 3 years if PIC 4020 is a criterion for the new visa application. The regulations were amended on 22 March 2014 further to introduce an identity requirement into PIC 4020. It strengthens the integrity of the migration program and reduces identity fraud by introducing the severe consequences who provides the wrong identity during the visa application. If the visa application is refused for not meeting identity requirement, the application can be refused with a 10 years ban if PIC 4020 was the requirement for that particular visa application.
 
Initially when PIC 4020 came into effect, it was applied to the following visa classes i.e General Skilled Migration, Temporary Work (skilled) and Permanent Employer Sponsored category only. It was later extended into Student and Business skill visas on 5th of Nov 2011. Effective from 1st of July 2013, PIC 4020 was introduced in a partner visa as well and to date, it’s been introduced in most of the visa subclasses. 
 
If the applicant is barred for applying further visa application because of not meeting PIC 4020, they can apply to waive this requirement. The department can waive PIC 4020(1) or PIC 4020(2) if they are satisfied that:
• Compelling circumstances that affect the interest of Australia or 
• Compassionate or compelling circumstances that affect the interest of an Australian citizen, an Australian permanent residents or an eligible New Zealand Citizen
 
Justifies the grant of the visa.
 
Unlike the delegate’s ability to waive the requirements of PIC 4020(1) and PIC 4020(2) ¬ that is, the no fraud requirement and the three year requirement, ¬ there is no waiver available on the requirements of PIC 4020(2A) and (2B) i.e visa application refused on the basis of identity fraud.
 
Discloser: This article is written for a general information purpose.  You should see a registered migration agent or a migration lawyer before making any decisions as your case and circumstance could be different.