Providing false or misleading information to the Department can become a criminal offence

We have always advised our clients that providing false or simply misleading information can be considered an offence. Agents are not exempted as the offence is so broad so as to capture anyone who:

1. Presents or cause to be presented, a document which is forged or false; or

2. Make or cause to be made, a statement which is false or misleading in a material particular; 

3. Deliver or cause to be delivered, a statement which is false or misleading in a material particular.

Under s 234 of the Migration Act 1958, the maximum penalty is 10 years imprisonment or 1000 penalty units, or both. 

There is also a separate provision under s 240 of the Migration Act 1958, that states the same maximum penalty if a person arranges a marriage between other persons with the intention of assisting one of those persons to get a visa. You may be charged even if the visa is not ultimately not granted. 

In a recent case of R v Jagjit Singh [2020] NSWDC 242 (8 May 2020), the offender was sentenced to an aggregate term of imprisonment of 3 years. He was involved in:

1. Finding Australian citizens to participate in the marriages;

2. Liaising with marriage celebrants to formalize the marriage and wedding ceremony; 

3. Finding and liaising with migration agents who prepared the visa application and supporting evidence; 

4. Advising them to open joint bank accounts, and other ways to obtain further supporting evidence. 

Providing false information is a serious issue in Australia. If you have been involved in any way, please seek professional advice immediately. 

How Can Agape Henry Crux Help

At Agape Henry Crux, our Accredited Specialist Immigration Lawyers and our team of immigration lawyers and migration agents are well trained to handle highly complex matters.  You can book one of our lawyers or agents to seek professional advice by calling 02-72002700 or email us to book in a time at info@ahclawyers.com.

We speak fluent English, Korean, Burmese, Mandarin, Cantonese, Indonesian, and Malay. If these aren’t your language, we can also help you arrange an interpreter.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact our office.