| By Leila Reypour
The writer recently represented a teenage girl in the Administrative Appeals Tribunal who had been refused a 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 writer’s 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 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.”