The Immigration Department gets new powers to refuse family visas

Publish Date: Sep 16, 2013

The Department of Immigration and Citizenship recently amended the law around spouse visas and other family visa categories to give the Minister for Immigration the power to refuse the application if:

There is evidence before the Minister that the applicant has given, or caused to be given, to the Minister, an officer, the Migration Review Tribunal, a relevant assessing authority or a Medical Officer of the Commonwealth, a bogus document or information that is false or misleading in a material particular in relation to:

(a) the application for the visa; or

(b) a visa that the applicant held in the period of 12 months before the application was made.

Information that is false or misleading in a material particular means information that is:

1.      false or misleading at the time it is given; and

2.     relevant to any of the criteria the Minister may consider when making a decision on an application, whether or not the decision is made because of that information.

The effect of this new rule is that if your previous visa application contained false information, the Minister can refuse your current visa application.

The ability of the Minister to refuse your current visa application extends to instances where the false information, if disclosed, would not have resulted in your previous Visa application being refused.

If you are worried that you may have provided information that was false or misleading in a material particular as part of a previous visa application on your current application you should get advice from an experienced immigration lawyer straight away.

Craddock Murray Neumann regularly advise people on the best way to approach these types of matters. We are confident of providing you with clear advice about the extent to which you are affected by these new rules.

Let us help you. Phone: +61 2 8268 4000 or Book a conference