Can I Get a Partner Visa If My Previous Agent Lodged False Documents?

Am I responsible for false documents my agent lodged?

An applicant is responsible for false documents an agent lodged in the sense that PIC 4020 treats documents given on the applicant's behalf as documents the applicant caused to be given. The Full Federal Court decided in Trivedi that knowing involvement is not required. The same decision recognised that a refusal requires an element of purposeful falsity, so an applicant who can explain a genuine innocent mistake may still satisfy the criterion. Our article on PIC 4020 for partner visas explains the test.

How will the Department raise the issue?

The Department will raise the issue by inviting the applicant to comment on the information before making a decision, because PIC 4020 cannot be decided against an applicant without that opportunity. The invitation usually explains what the Department believes is false and why it matters. The response should be careful, documented and lodged within the time given. Our article on section 57 adverse information explains how to respond.

How can I find out what my previous agent lodged?

An applicant can find out what a previous agent lodged by importing the application into their own ImmiAccount where possible and by requesting their Department file under freedom of information laws. The file shows the forms and documents actually submitted, which is often different from what the applicant was told. Our article on the partner visa FOI request explains how to ask for it.

What does a PIC 4020 waiver require?

A PIC 4020 waiver requires the Department to be satisfied that compelling circumstances affecting the interests of Australia, or compassionate or compelling circumstances affecting the interests of an Australian citizen, permanent resident or eligible New Zealand citizen, justify grant of the visa. For a partner visa, the Australian sponsor and any Australian children are usually central to that case. The waiver does not extend to the separate requirement that the applicant establish their identity. Our article on the partner visa false documents issue explains how a waiver submission is built.

Can I make a complaint about my previous agent?

An applicant can make a complaint about a previous representative to the body that regulates them. Registered migration agents are regulated by the Office of the Migration Agents Registration Authority, and lawyers are regulated by the legal profession bodies in their state or territory. A complaint is separate from the visa application and does not decide the PIC 4020 issue, but the applicant's honest account of what happened is relevant to the Department's assessment. Our article on changing immigration lawyer in Australia explains how a file is transferred.

How does My Migration Lawyers act when false documents were lodged by someone else?

My Migration Lawyers obtains the full Department record before advising, identifies exactly which documents or statements are in question and assesses whether an innocent explanation can be proved. The firm then prepares the response to the Department, combining that explanation with a waiver case built around the Australian partner where one is needed. Applicants who have just learned what was lodged in their name can raise it with our partner visa lawyers.