A young professional’s life had been destroyed by a departmental decision to refuse to grant a skilled 189 visa pursuant to PIC 4020: not only did the department refuse the skilled visa application but as a direct consequence the applicant’s marriage failed – ending in divorce.
So by the time the applicant found AR LAW Services his Australian dream lay in tatters.
Once again yet another “good” case had been poorly handled by an inexperience Migration Agent who lied about his abilities and dupe the applicant to trust this incompetent Migration Agent. (And for a huge price not only money but also the price of a ruined marriage)
After seeking advice from various Immigration Solicitors and Law Firm the applicant found us.
The case was already at the appeal stage – at the Administrative Appeal Tribunal (AAT) by the time AR LAW Services were retained/hired to fight the case.
Bogus Documents and PIC 4020 are very difficult cases because there are “strict” liability cases. (For “strict” liability see my earlier blog: https://www.arlaw.com.au/uncategorized/ar-law-services-wins-another-important-aat-appeal-pic-4020-the-outlook-was-bleak/)
Consequently the argument needs to address the construction of the law and the process by which it is applied.
AR LAW Services win difficult case – not with “magic” – but with a profound and deep understanding of the Act/the statute, the regulations, the departmental policy and importantly how all of these things are interpreted and understood by the Australian Courts and Tribunals – what is often call the jurisprudence.
It is our understanding of how powerful knowledge is that makes us a powerful and successful advocate for our clients over the last 20 years.
And this case was no different.
As often is the case the first thing we needed to do was remedial work – to fix up the damage done by the incompetent migration agent (tautological?)
Once that mess was sorted we could start to rebuild the case for appeal – and in no small way assist in the rebuilding of the applicant’s shattered Australian dream and life.
The sweep and breadth of PIC 4020 makes it a difficult beast to smite, particularly the concept of ‘bogus documents”.
Yet it is in the detail of this part of immigration law often lies it weakness and the keys to a clients salvation.
This case was no exception.
The allegation of “bogus document” is not only difficult and often misunderstood by visa applicants, but clearly often misunderstood by embassy and departmental officers.
Therefore the “key to salvation” is proper construction.
Once the error of the decision maker was clarified and a more lucid and better construction was submitted to the AAT by AR LAW Services the member had no real choice but to agree with us and remit the case.
So if you or someone you know has had a visa refused pursuant to Bogus Documents or PIC 4020. Or if you are a foreign national with concerns about the veracity of your documents talk to us.
AR LAW Services are not only Masters of Migration and Visa law but we have extensive experience in PIC 4020 and Bogus Document cases, this is an extremely complex and specialist area of Australian immigration law and that is where a Master Migration Law with over 20 years experience may give you the edge you need.
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Call 03 9614 0218 or email firstname.lastname@example.org to make an initial 30 Minute consultation at our Melbourne office. (conditions apply)
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Note: this update, or any previous updates on this page, do not constitute legal advice and should not be relied upon as such. Please call our office to seek professional advice before acting or relying on any of the content on this page