Trivedi V Minister For Immigration and Border Protection
Trivedi V Minister For Immigration and Border Protection
Trivedi V Minister For Immigration and Border Protection
On 4 April 2014, the Federal Court of Australia Full Court unanimously agreed that it is not
necessary for a visa applicant to be knowingly or directly involved in the giving of a bogus
document or false or misleading information in order for the grant of a visa to be refused for
failing to satisfy PIC 4020.
The court held that to refuse on the basis of PIC 4020 it is necessary that the information or
document have the quality of “purposeful falsity” whether or not the visa applicant can be shown
to have personal knowledge of that fact. A visa application could not be refused due to
PIC 4020 if a visa applicant could explain an innocent mistake in a document or information
provided by them or on their behalf.
Insofar as the AAT engaged with the question of whether and to what extent Mr Singh “caused” the
bogus document to be given to the Minister, the engagement was confined to whether his
knowledge that the document was bogus was relevant and, on that issue, the AAT determined that
it was not. The AAT did not otherwise engage with whether, by reason of any act or omission of Mr
Singh, it could be concluded that Mr Singh bore responsibility for the physical provision of the bogus
document to the Minister
Other information to be included in the submission
Statement from the applicant stating that she was unaware about this that her bachelor’s degree
from EIILM is not valid and was issued as a fake degree. If she would have known about this she
would not have come so far and spent so much time, money and efforts if she would have known
that the foundation of all these efforts are worthless. She came to Australia on student visa in year
2014 and to study master’s in social work in Tasmania University. She came to Australia as an
international student and cleared all the hustles from getting admissions in Tasmania University and
getting visa through immigration department. We would also like to put some light here about the
error made by Tasmania University and Immigration department at the first place. If the proper
checks were conducted at the initial stage the applicant would have known about this fraud at the
initial stage and would have not applied and invested her time.