Fraud in PIC 4020 Cases

Maharjan v Minister for Immigration and Border Protection [2017] FCAFC 213 (15 December 2017)

Fraud by an agent can stultify the validity of a visa application. DIBP refused visas to the appellants because they had provided a bogus document in support. The appellants said the document was provided by their agent the employed in Nepal to procure documents for them and they were unaware the document was bogus. The AAT affirmed the refusal and the FFC dismissed the application for JR.

Before the Full Court – the appellants sought to raise a new ground – that the FCC had fallen into error by failing to consider whether fraud by the agent had invalided the visa applications.

Held: leave to appeal granted to rely on the proposed amended notice of appeal. And: appeal allowed - it was open for the appellants to contend they’d been the victims of innocent fraud by a third party and that the fraud had stultified the validity of the visa application or the visa application process.

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