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SCHEDULE 4020 – AGAIN
Visa applicants who provide incorrect information about their work history face possible visa refusal under Schedule 4020 of the Migration Regulations.
It is therefore important that visa applicants always provide their previous migration files before lodging a permanent visa application where work experience is a relevant factor.
It is common for employment history information supplied in support of student visa and tourist visa applications to conflict with information later provided in support of applications for permanent visas.
Visa applicants often forget what was put in previous applications and if the file has not been obtained under the Freedom of Information Act the adviser may only learn of the problem when an email arrives from the Department indicating that visa refusal is being considered under Schedule 4020.
Another important Schedule 4020 issue is the ‘identity ‘provision in Schedule 4020(2A):
(2A) The applicant satisfies the Minister as to the applicant’s identity.
(2B) The Minister is satisfied that during the period:
(a) starting 10 years before the application was made; and
(b) ending when the Minister makes a decision to grant or refuse the application;
neither the applicant, nor any member of the family unit of the applicant, has been refused a visa because of a failure to satisfy the criteria in subclause (2A).
Case officers have been using this provision to refuse applications by applicants from countries where fraudulent documents are common.
There is no waiver available in respect of this provision-unlike the other provisions in Schedule 4020.
For More details please contact us:
Auzworld Migration Pty Ltd
Ph: +61 2 9635 4744
Email: urmila@auzworld.com.au / manmohan@auzworld.com.au
Website: www.auzworldmigration.com.au
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