How A Bogus Document Vastly Affects The Application For A Visa For Australia? (PART 1)

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How A Bogus Document Vastly Affects The Application For A Visa For Australia? (PART 1)


 

Well, to understand this properly, we need to look at Public Interest Criteria (PIC) 4020 closely and tease out the information needed to understand why it was introduced and the consequences of ‘allowing’ bogus documents and or false and misleading information to ‘creep into your particular visa application to Australia from the Philippines’.

As a background, PIC 4020 enables refusal of a visa if the applicant provides a bogus document, or information that is false or misleading 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 also enables refusal where the applicant or a member of their family unit was previously refused a visa because of a failure to meet these requirements:

  1. If the applicant or a member of their family unit was previously refused a visa under PIC 4020 because they provided bogus documents or false or misleading information. This refusal must have occurred between the 3 years before the current application was made and the time of decision on the current application.
  2. If the applicant or a member of their family unit was previously refused a visa under PIC 4020 because they failed to satisfy as to identity. The refusal must have occurred between the 10 years before the current application was made and the time of decision on the current application.

As a result of a PIC 4020 refusal, if an applicant, applies for another visa for which PIC 4020 is a criterion, they may not be able to satisfy the PIC for a period of three years, if they provided false or misleading information or a bogus document, or ten years if they failed to satisfy as to identity.

For ease of reference the "three year period" and "ten year period" are collectively referred to as "non-grant" period/s.

Note: - The 10 year period is not able to be waived so a better description might be "exclusion" period, however,being subject to the 10 year period does not prevent an applicant from making other applications during the 10 year period.

The 3 year period is able to be waived and so it could not be appropriately described as an "exclusion" period. To reduce confusion, or multiple descriptors for these periods, the department has collectively labelled them as "non-grant" period/s.

  • It is important to remember that the three year 'non-grant' period referred to in PIC 4020(2) can be waived.

Case officerdo have discretion to waive the requirement in PIC 4020(1) (a) and/or 4020(1) (b), and discretion to waive the three year requirement in PIC 4020(2) if certain preconditions are met.

  • Those preconditions are met if the delegate is satisfied that compelling circumstances that affect the interests of Australia, or compelling or compassionate circumstances that affect the interests of an Australian citizen, permanent resident or eligible New Zealand citizen justify the grant of a visa. If they are satisfied of those matters, the delegate may exercise discretion to waive the requirements of PIC 4020(1) (a), 4020(1) (b), and/or 4020(2).

Note: - There is no waiver provision in relation to the identity requirement PIC 4020(2A) or (2B).

When PIC 4020 commenced on 2 April 2011, it did not contain the identity requirement.

  • It required that there be no evidence that the applicant had provided a bogus document or information that was false or misleading in relation to the visa application, or in relation to a visa that the applicant held in the 12 month period before the visa application was made. It also required that neither the applicant nor a member of their family unit had been refused a visa because of a failure to meet PIC 4020 in the three year period before the application was made and up until a decision on the application was made.

PIC 4020(2A) and (2B) commenced on 22 March 2014 and the Regulations were amended on 22 March 2014 to introduce an identity requirement into PIC 4020. The amendments strengthen the integrity of the migration program and deter identity fraud by introducing strict consequences if a visa applicant, or a member of their family unit, fails to satisfy the Minister as to their identity.

The identity requirements reinforces the onus of proof to provide identity information and documents rests with the Filipino applicant to address identity fraud, which is more serious than other types of visa fraud as evidence of identity is the foundation for all checks, including national security and character checks, conducted by the departmentto address fraud in subsequent entitlements or benefits that are dependent on the department accurately identifying each person before visa grant (such as, driver licence, Medicare card).

The identity requirement involves the Filipino applicant satisfying the delegate as to their identity in the current visa application being assessed. It also involves a ten year requirement, in which the delegate has to be satisfied that neither the Filipino applicant nor a member of their family unit has been refused a visa under PIC 4020 because of a failure to satisfy as to their identity, as explained above.

A Filipino applicant who is refused under PIC 4020 because of a failure to satisfy as to identity will not be able to be granted a visa, where PIC 4020 is a criterion of that visa, for ten years after refusal. Unlike the delegate’s ability to waive the requirements of 4020(1) and (2), there is no waiver of the identity requirements of 4020(2A) and (2B).

The identity provisions apply to visa applications made on or after 22 March 2014 and visa applications made, but not finally determined before 22 March 2014.

PIC 4020(2AA) and (2BA) commenced 23 November 2014 and these Regulations were amended on 23 November 2014 to exclude any Filipino applicant who was a minor at the time that they made the application for the visa that was refused from having to meet the requirements of PIC 4020(2) and (2B).

These amendments also have the effect of excluding a Filipino applicant who is a minor (that is, who is a minor at the time of application) from PIC 4020(2) and (2B), if they are refused a visa for failing to satisfy PIC 4020(1) or (2A). These amendments were made with the intention of preventing minors from being disadvantaged by the fraudulent actions of their parents or guardians.

PIC 4020(2AA) provides for applicants who were under the age of 18 (a minor) at the time of application that was refused under PIC 4020(1) to be exempt from the requirements of PIC 4020(2).

PIC 4020(2BA) provides for applicants who were under the age of 18 (a minor) at the time of application that was refused under PIC 4020(2A) to be exempt from the requirements of PIC 4020(2B).

  • Minors are still required to meet the requirements of PIC 4020(1) and (2A). They are exempt only from (2) and (2B). Therefore, should their applications be refused for failing PIC 4020, they will be exempt from the three year and ten year non-grant periods.

The provisions relating to minors apply to Filipino visa applications made on or after 23 November 2014 and Filipino visa applications made, but not finally determined before 23 November 2014.

RESPALL (Migration) Australia conduct SkillSelect Assessment Seminars at their Makati City office in the Philippines and Partner Conference Calls throughout Australia and the Philippines.  PIC 4020 is always discussed and explained during these information discussions and their consequences to the potential Filipino applicants.

If you require more information regarding Public Interest Criteria 4020 or would like to lodge a valid, genuine and continuous permanent visa application to Australia from the Philippines, avoid the migration minefield and safely migrate to Australia from the Philippines then ACT NOW and register your details to the following link https://www.respall.com/index.php/register

May 05, 2017