Australian Immigration Daily News

Schedule 4020 of the Migration Regulations is a provision that should terrify every migration agent.

Below are two recent decisions from the Federal Circuit Court- both applicants failed in their appeals.

Below is an extract from the first judgement:

37 It is apparent from the authorities that, consistent with the evident intent and purpose of PIC 4020, irrespective of an applicant’s knowledge of or complicity in the inclusion of false and misleading information, where a document has the quality of purposeful falsity PIC 4020 will apply. The Tribunal found that the application for the visa was purposely untrue. I am satisfied that this finding was open to it. The Tribunal was not required to determine the applicant’s knowledge of or complicity in that.

http://www.austlii.edu.au/au/cases/cth/FCCA/2015/2478.html

And a case involving a Subclass 892 visa.

http://www.austlii.edu.au/au/cases/cth/FCCA/2015/2479.html