Public Interest Criteria (PIC) Schedule 4020 Gets Even Nastier

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Public Interest Criteria (PIC) Schedule 4020 Gets Even Nastier


migration law specialist in Sidney recently represented a teenage girl in the Administrative Appeals Tribunal who had been refused a Child Subclass 802 visa.

The girl had been issued with a birth certificate in her home country that did not correctly identify her parents.

The certificate had been supplied with the visa application together with an explanation as to how the incorrect birth certificate came to be issued.

The Department refused the application on the grounds that a ‘bogus document had been supplied and the AAT agreed with the Department’.

• This was despite the fact there was no intention to deceive in providing the document -it was clearly described as not being correct.

However the AAT accepted the migration law specialist submissions that the application ‘should not be refused on Schedule 4020 grounds as there were compassionate or compelling circumstances that affected the interests of an Australian citizen.’

The AAT therefore set aside the Department’s decision.

In view of this, ‘no incorrect document should be supplied to the Department even if it is clearly identified as such and is only supplied as “background material.” ‘

Incorrect birth certificates are prevalent in the Philippines and so I need to ask anyone that is about to lodge any application and I mean any application to Australia from the Philippines to STOP and consider the information that is written on your current birth certificate in the Philippines.

If there are any errors, no matter how small or insignificant it may be to contact us so that we can ‘remedy the situation’ and ensure that the application is lodge in a valid and genuine manner.

Remember PIC 4020 is retrospective. The department can go back to any of your past applications and if there are any ‘false or misleading information or documents’ that have been supplied they can use it against you in your possible current of future visa applications to Australia from the Philippines.

Send us your details and a quick explanation of your concerns and we will get back to you and clearly a time to talk it over and resolve the situation.

Thank you and Mabuhay!

September 27, 2015