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A 32-year-old Indian national has been arrested for serious offences under the Migration Act 1958 after allegedly applying for a protection visa using a false identity and fraudulent identity documents.
ABF investigators will allege that after being refused a protection visa using a different name in 2015, the man obtained a false identity and subsequently attempted to apply for a protection visa in Australia using that identity.
This is the first case i have seen for many years where an applicant for a visa has been prosecuted for relying on false documentation to travel back into Australia and then lodge a Protection visa.
There is a question that also arises was the subsequent PV application ever valid because the initial refusal is a privative clause decision and also enlivens section 48 which would render a subsequent application invalid.