An Indian nurse has been given a second chance to stay in Australia even though her PR application was refused. Her PR application was refused for use of fraudulent documents. She has been allowed to stay in Australia as her stay has been deemed as being in “public interest”.

The Indian nurse who worked with the NSW Health Dept. had her PR Visa refused which she had submitted in Feb 2016. The Dept. of Home Affairs investigated her case after being tipped off by anonymous sources. It was alleged that her husband had committed identity fraud and also had a criminal record abroad. He was also accused of travelling to Australia on a false passport.

The Dept. of Home Affairs alleged that the matriculation certificate of the husband was forged. The same certificate was used to obtain an Indian passport under a false identity. Officers of the Dept. of Home Affairs in India found that the roll number on the matriculation certificate did not exist in the school records.

The husband was invited to comment on the above information. He said that he had appeared for his matriculation privately as he was not good in his studies. He said he completed his exam when he was 14 years old. He also said that his father lived abroad and his mother did not realize that a forged certificate was issued as she was uneducated.

He went on to deny that that certificate was not used to obtain an Indian passport. He also submitted proof by providing documents which were given by the Consulate General of India. He also denied that he had a criminal history abroad by providing a positive police clearance certificate.

However, when he was summoned by the Administrative Appeals, he agreed that he had only studied up to class 8. He also said that had he known the certificate was forged he would not have submitted it to the Australian authorities.

The Tribunal was satisfied that no identity fraud was committed. It was also satisfied that the husband did not have a criminal record. However, the Tribunal had to decide whether submitting a forged matriculation certificate could merit a visa refusal. Supplying false documents can invoke the Public Interest Criteria 4020 under Australian Migration Law. Such applicants may be banned for up to 10 years, 

The Tribunal found that the husband did not meet the PIC 4020 due to the forged certificate. However, it found compelling circumstances which proved that the couple’s stay in the country was in the greater good of Australia. Hence their PR visa was granted given them a second chance in the country.

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