Public Interest Criterion 4020 Public Interest Criterion 4020 (‘PIC 4020’) is intended to enhance the integrity of the Australian migration process by deterring identity fraud and discouraging the submission of bogus documents and false or misleading information with respect to visa applications. Pursuant to PIC 4020, visa applicants are responsible for the veracity of the [...]
Immigration context I was recently approached by an individual from Papua New Guinea (‘the Applicant’) who had lodged his own application for a Class FA, Subclass 600, (Visitor (Tourist)) visa (‘FA 600’) in May 2017. The Applicant showed a long history of holding temporary visas in Australia, dating back to around 1990. Among the [...]
Providing correct information for skills assessment The decision by the Federal Magistrates Court of Australia in Batra v Minister for Immigration & Anor [2012] FMCA 544 shows the importance of providing correct employment details for skills assessments. The applicant in Batra applied for a Skilled – Independent (Residence), Subclass 885, visa in February 2008. He claimed to have [...]
The recent Federal Court decision of Anabtawi v. Canada (Citizenship and Immigration), 2012 FC 856 (CanLII), demonstrates the difficulty in satisfying the statutory skilled work experience requirement for a Canadian experience class visa. The Canadian experience class was introduced in 2008 as an avenue for certain temporary foreign workers, and foreign student graduates with professional, managerial, [...]
The Business Innovation and Investment program facilitates entry to Australia of entrepreneurs who have sourced venture capital funding in Australia. The program introduces an innovation points test for applicants seeking provisional visas, whilst providing means to promote innovative business undertakings and help business people attain permanent residence. Business Talent, Subclass 132 (Permanent) The permanent Business [...]
In Saeed v Minister for Immigration and Citizenship [2010] HCA 23, the High Court of Australia concluded that persons who apply for visas offshore have a legitimate and enforceable expectation that adverse information discovered by the Department of Immigration and Citizenship will be communicated to them for comment before a final decision is made in [...]