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Applicant gets visa with fake documents
When exactly do things like Skills Assessment and English Language proficiency test documents get checked by the department of immigration? The answer apparently seems to be well and truly after the visa has been granted.
In a matter recently considered by the AATA, the Tribunal found that the DIBP granted the applicant a skilled visa purely based on information provided by the applicant at the time of application. There were no checks made by the DIBP with the Skills Assessment authorities or the relevant language testing centre prior to the DIBPs decision to grant the visa.
However, a year after the application and well after the grant of the visa, "CPA Australia advised the Department that in their database they had no record of the applicant’s skills assessment, that they had no record of the reference number provided by the applicant, and no record of the applicant’s name” according to the Tribunal member's statement.
The Department, then undertook checks with the IELTS Report Form Verification Service which showed that there was no record of the applicant undertaking an IELTS English test - the Verification Service was unable to locate any record of the reference number the applicant provided and there was no record of the applicant’s name in their database.
DIBP subsequently cancelled the visa. The applicant applied for a review denying any wrong-doing and pointed to corruption within the DIBP and fraud by “a migration agent whom he paid a fee of $70,000…”.
“Fraud was perpetrated by his consultant and by the Department” noted the submission from the applicant’s representative at the Tribunal, “Our client was not complicit in any fraud perpetrated by the parties but as he has claimed he has been a victim in this matter.”
In reaching its decision, the Tribunal acknowledged that the visa cancellation is a serious outcome and would likely result in the applicant being subject to a section 48 bar preventing the grant of certain visa subclasses and an adverse migration history.
However, the Tribunal rejected the applicant’s key arguments and refused to accept that the applicant handed such a large amount of cash to a stranger on the promise of a visa. It did not comment on the claims of corruption in the DIBP nor question DIBPs audit process which effectively allowed the applicant to remain in Australia for some 20 months.
Comments
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Wednesday, 02 December 2015I still remember a pregnant, Chinese Lady came to my office about 10 years ago, inquired about visa possibility for her sister. Because she is Chinese and was pregnant, I did not even charge for consultation, and told her only student visa and visitor visa suitable for her sister, based on her sister's situation.
She came back sometimes after said she had paid $8,000 as first payment to someone for a PR visa for her sister. I pointed out that there was no such a visa I have ever heard, as a migration agent of many years, and she should ask for a refund.
She came to my office third time, with her baby in a pram, as I still remember her, so I asked whether she got her money back. I was told she did not, and she actually reported it to Police, the first police officer was patiently listened to the whole story, but the officer had told to wait and other officer will come to help her, as the police officer has other duty on hand. She had waited there for over 3 hours, and had repeated the story several times, when ever a officer saw her and asked her who could they help her, but no one seemed interested in her case, finally she walked out the police station.
What's more? She then said her sister had arrived on family sponsored visitor visa, just as I had told her, and was fell in love with an Australia Citizen, so she would like to know what documentations required for the visa application, I told her that I am able to help her sister, and fees for my service, she will need to sign a contract and pay for a deposit, I then will give her a checklist. Guess what? She said to me, oh! she thought she came to me and I will give her a checklist and then they will prepared for the application and lodge by themselves.
I almost lost control and gave her a slap. -
Friday, 04 December 2015
A few weeks ago, a lady I never met, who claimed to be a friend of my close friend, asked me to help her niece overseas to find some languages schools and the application procedure. I suggested her to google by herself. She said she was not able to find any. I explained I was not allowed by company to give her such information free of charge. She looked so shocked and angry, saying "how can you charge me for such a TINY ISSUE???!!!".
I believe some ppl have learned to shop around for free service from migration agents. So, never give any free consultations. If we have to, we should provide free service to those truly in need. -
Sunday, 18 September 2022
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Immigration blog
The only possibility to hand over such a large sum of cash over to a stranger in the public is the applicant has full knowledge that the payment is for the service of obtaining a visa through illegal way.
That is why I have little to none sympathy for those so called victims of Eddie Kang, Abel Prasad, they knew what they were doing. They paying large sums of money to those people to help them cheating on DIBP.