Ten Year Ban Avoided For Visa Mistakes

19:06' 06-12-2017
Amendments to Migration Legislation Regulations, introduced last month by the Federal Government, could have produced major problems for migrants applying for an Australian visa.

    Kết quả hình ảnh cho One strike, you're out: The visa changes that could leave you facing a 10-year ban

    Photo: sbs.com.au


    Making just one mistake would bar you from making a new application for 10 years. The previous penalty for this was just 12 months. The new measures covered a range of temporary visa classes, including student visas, family visas and skilled migration classes, as well as any applications made by members of a person’s family.


    Mistakes includes submitting false or misleading material as part of an application, even if the applicant did not know the material was false, or if the material was submitted by someone else, such as a migration agent. Such material included inaccurate statements, omissions of fact, or lodging false bank records, work experience claims or English language proficiency scores.

    The Department of Immigration said the 10-year review period was necessary and reasonable to prevent fraud in the visa application system. The applicant should be responsible for ensuring all documents and information in the application was truthful, even if someone else acted on their behalf. Employees of the Department would decide whether an applicant had made an honest mistake or a deliberate attempt to cheat.

    As an example, one mandatory condition said visa applicants must “use the same name in all dealings with government”. However, applicants from developing countries often have names that can be translated into English in a number of ways, or are translated incorrectly. The applicant often has no way to judge.

    A new condition said temporary visa holders must not have an outstanding “health debt”. This risked cancellation of the visa for any who got sick and could not pay back the costs of their healthcare.

    The regulations were also retrospective, meaning any application lodged since November 18 could be refused if fraud was detected on any application made within the previous 10 years. If a visa application was refused, an applicant could seek a review of the decision through the Administrative Appeals Tribunal.

    Applicants facing the 10-year ban, but not able to return to their country of origin, may be detained at remote centres, like Yongah Hill in Western Australia or Christmas Island, while they awaited the review of their visa application.

    The legislation was passed quietly, almost unnoticed among issues such as the closure of Manus Island, the citizenship problems of some politicians, and the same sex marriage survey.

    Tasmanian Greens Senator Nick McKim called Immigration Minister Peter Dutton's regulations “punitive and vindictive”, and introduced a motion to the Senate on 5 December to disallow them. The motion passed, so the changes will not go into effect.

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Keywords: australian visafederal governmentmigration legislation regulations

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