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PIC 4020: A usefuI summary of the principles

A recent decision of the federal court will be of interest to practitioners dealing with PIC 4020.

http://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2019/2019fca0052

Fati v Minister for Home Affairs [2019] FCA 52 

 

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  • Guest
    Yona Thursday, 31 January 2019

    Thank you Christopher. Helpful cases.

  • Guest
    Toufiqur Rahman Tuesday, 24 September 2019

    Dear Christopher,
    Thank you, a really important case. I have just started learning and there are some questions came to my mind regarding evidence - In case of when it says "No evidence" what is the extent of evidence?
    In case of Solid Bogus documents or misleading or false information - like false email or bogus documents, there is no question like the example above. However, in case of sophisticated issues like an accidental error/unclear question while interview is enough to prove a true document as bogus, untrue or false? In case of overseas document verification, what is the consideration of circumstantial facts – Like Language barrier, legal requirement of length of record keeping etc? Does any mismatch, minor or major, can be considered as a sufficiently probative evidence for imposing a suspicion that the document is bogus, untrue or false?
    It looks like to me that there is no requirement for document based evidence to impose a suspicion leading to 4020. Will it be a perfect example for understanding the boundary of evidence that - If Department calls a business and end up interviewing a wrong person or collect incomplete information due to language barrier, it will be sufficient evidence for suspicion to impose 4020.
    I know it must be busy, but will wait for your reply - which will help me to learn. Regards

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Guest Tuesday, 24 May 2022
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