Tribunal: Member S Witts
The applicant sought a review of a decision by the Department of Home Affairs (the Department) refusing her application for a student visa on the grounds she failed to meet Public Interest Criterion 4020 (PIC 4020).
PIC 4020(1) requires applicants not to give bogus documents or false or misleading information in relation to their visa application or a recent visa grant. It can be waived if there are compelling circumstances affecting the interests of Australia or compassionate or compelling circumstances affecting an Australian citizen or permanent resident or eligible New Zealand citizen that justify the grant of the visa.
As part of her visa application the applicant provided the Department with a bank deposit certificate from a Chinese bank. The Department’s offshore post contacted the bank, which confirmed the applicant had an account, but that the account numbers on the certificate did not match, and that the deposit certificate was fraudulent. On that basis the Department found the applicant had provided a bogus document and did not meet PIC 4020.
At the hearing, the applicant stated she had never sighted the certificate, entrusting the matter to her agent who had provided the documents for her visa application. She stated she could only provide further information if she visited the bank in China in person.
The AAT did not accept she had to be physically present in China to provide information, but gave her additional time to produce further information. She provided none, nor any evidence regarding compassionate or compelling circumstances.
The AAT was satisfied the applicant provided a bogus document in relation to her visa application and affirmed the Department’s decision.
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 (Temporary) (Class TU) visa under s.65 of the Migration Act 1958 (the Act)
 Within the meaning of s 97 of the Act