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SBS Report On IELTS Scam

A news story that appeared on last night's "SBS News" and that has been republished oinline today reported that there are "dodgy operators" who are offering to "sell" fake IELTS test certificates. The story indicated that the price that is being asked for the false test reports may range from $5,000 to as high as $12,000.

The story says that these fake certificates are being advertised on several websites.

It also quotes one unidentified migration agent as saying that the company that she works for "offers a middleman service for those willing to pay". This agent is also quoted in the story as saying: " If the client wants to work and migrate to Australia, we offer them the fake IELTS".

There is also a quote in the article from a student who is reported to have said: "Don't waste time on study. Instead of spending money on education, save money and time by buying a fake certificate".

When I saw this story I could only shake my head in dismay and sadness. 

It is my opinion that applicants who fall victim to this scam are likely to get burned very very badly. There are verification systems that will enable the Department to confirm whether an IELTS test report is authentic. So even if a "fake" test report is made "carefully and delicately" so that "even a normal IELTS teacher could not tell the difference" (as a person quoted in the SBS report claimed) the fraud is very likely to be uncovered by the Department.

And as the many articles that I have posted about Public Interest Criterion 4020 indicate, a visa holder who submits a "bogus document", such as a false IELTS test report, will be held personally responsible for the truthfulness of their application.  

Therefore, even if an applicant claims that they "did not know" that the IELTS test report that was submitted with their application was "false", or that they "did not participate" in submitting the fake report, their application is still subject to being refused under PIC 4020. 

A leading case that illustrates the principle that the applicant is responsible for the veracity of the application is Trivedi v Minister for Immigration and Border Protection [2014] FCAFC 42 (4 April 2014).

As followers of the Migration Alliance blog may recall, several weeks ago my colleagues posted an article which cautioned that one must be "very afraid" of PIC 4020.

And indeed, if you look at the cases that are reported from the Federal courts, you will see that one of the most common reasons that visa applications fail is due to running afoul of PIC 4020 by submitting bogus documents or other information that is false or misleading in a material particular. 

The consequence may not be limited to having a visa application refused. 

Having an application refused on the basis that PIC 4020 has been breached may also result in further visa applications being refused as well.

So the lesson is clear: If anyone is offering to sell you a fake IELTS test report, or if you are in any way tempted to submit a false report or any other false information "Just DON"T do it!!!!!!"

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