Fraud In Skilled Visa Cases
Table Of Contents
Subclass 489 (Skilled — Regional (Provisional)
Subclass 190 Skilled — Nominated Visa
Schedule 2 Criteria Subclass 189 Skilled — Independent
Subclass 189 Skilled Independent Visa
Permanent Residence Skilled Visa Application
Charges Follow From Presenting False Documents To Immigration
Getting Someone Else To Sit The IELTS
Visas Cancelled For Bogus Work References
Substantial Compliance And Living In A Regional Area
Tribunal Saves Applicant From Error
Minister for Immigration & Citizenship v Li and Another
Early MRT Cases Regarding Subclass 189 Visas Are Starting To Arrive
Introduction
Some Relief On Condition 8503 (No Further Stay)
Practice Point - Always Engineer A Situation Where One Applies For This Visa Onshore
Staleness Of A Skill Assessment Is Now Defined By Law
Website And PAM Do Not Bind Immigration
Must Be Present In Australia To Apply For A Subclass 485 Visa
Application Made
Some Recent Practice Decisions & Practice Points
Preamble
NSW Sponsorship Subclass 190 Visa
Various State & Territory Criteria
Priority Group 5
The End of Subclass 175, 176 and 475
There is a small pocket of organised fraud in skilled visa matters. Plus the whole skilled visa regime over the years has been plagued with instances of false documents, false information and false references. A survey of a number of these cases shows that fraud has risks.
Accompanying this paper is extract from an MRT decision giving details of one particular person Carmine Amarante who has now been convicted of fraud for supplying work references. Also attached is the MARA decision where the migration agent Jingyi Wang had her registration cancelled. In paragraph 43 and 44 of the MARA decision on pages 12 and 13 is the finding that the agent ‘made up’ work experience for Engineering Australia skill assessments.
These types of cases have a knock on effect for visa applicants or visa holders. In many cases either the visa application is refused or the visa is cancelled.