5. Family member visas (including parent visas, spouse visas, and visas as deputy applicants)
To put it this way, PIC 4020 covers almost all Australian immigration visas. The matter is that the applicant originally came to Australia with a student visa. After completing his coursework studies, he applied for independent skilled immigrants. His nominated position is "Noodle Chef (Pastry Cook)". The applicant has successfully applied for a professional assessment of face-to-face chefs at the Australian technician Certification Association (Trades Recognition Authority, TRA), an Australian career assessment body. However, he has a big problem applying to the TRA for a career assessment. The applicant provided TRA with a false job certificate. Job certification is a must-have document for TRA to pass a career assessment. But really want to be found that the third party who issued the false work certificate was prosecuted by the "criminal (Criminal Offence)". The Migration Board referred the case to the full panel (The Full Court), for the full panel to decide whether the applicant had violated PIC 4020. As a result, the collegial panel held that as long as the documents submitted during the visa process were false, it would be sufficient to violate PIC 4020, whether or not the false document was incorrect or misleading.
The full Court stated that the false document (bogus document) was defined as a); b) in the Immigration Act (MIGRATION ACT 1958, which was changed by an unauthorized person; Or C) the document is obtained by reason of a false or misleading statement, wilfully or not. (photo source: MIGRATION ACT 1958-SECT 5) the collegial panel, according to the definition of bogus document, considers that false documents do not lie in whether or not they are wrong, but in whether they are credible ("the reliability of the documentation"). The full panel finally ruled that the applicant had indeed violated PIC 4020. The applicant's visa was denied. How painful it is to realize that as long as the document provided by the applicant during the visa application process is false, regardless of whether the document is misleading or wrong, the applicant's visa will be rejected. Expert advisors remind you, when submitting an application, not to test the law and take risks. And pay more attention to ensure that the document is true, the information on the application form is true and correct.
