한국인에게 있었던 최근 AAT 케이스입니다.

의도가 있고 없고를 떠나 일단 자신의 여권상 스펠링이 바뀌든 또는 이름을 변경을 하여 새 여권을 받았든 그 사실을 모든 비자를 신청할 때 밝혀야 합니다.

공연이 발히지 않아서 오해를 사면 비자거절 사유가 되고 (거짓정보 제출했다고 보여지기 때문) 그리고 AAT에 가서도 결국 이기질 못하게 됩니다.

이 케이스는 단순히 여권의 이름 바뀐 것을 밝히지 않은 것 뿐 만 아니라

과거 자신의 WHM 비자가 취소 (cancellation) 된 것을 밝히지 않은 것도 AAT 패소의 또 원인이 되었습니다. 그리고 WHM 비자가 cancel 된 이유가 그전에 3개월간 농장 등에서 일해야 하는 정보를 가짜 서류를 제출하여 밝혀져서 취소가 됨에 따라 더더욱 심각한 일인데 이 사실을 밝히지 않았다는 점입니다. 

이런 경우는 최소 3년 호주에 입국을 못하는 것을 인지 하고 있음에도 불구하고

1. 여권에 이름 스펠링을 바꿈
2. 3년 호주 입국불가를 알고 있음에도 호주 출국후 1년도 안되어 비자를 신청했던 점
3. 비자 거절 / 취소 된적 있는지에 대한 신청서 질문에 “NO” 라고 답한 점
4. 이름을 변경 / 달리 불린 적이 있는지에 대한 질문에 “NO” 라고 답한 점

종합적으로 AAT 심사관은 거짓말을 할 의도가 있었다고 보고 결국 이민성의 판결을 확정합니다.

여러분들 중에 이런 일이 과거 있었다면 밝혀야 합니다. 호주의 big data system 갈수록 좋아(?)지고 있기 때문에 거의 10년전 것도 밝혀 냅니다. 과거에 있었던 일을 밝히지 않고 비자를 운좋게 받았다고 좋아할 수 없는 것이 영주비자를 받고 오랫동안 살아도 찾아내서 그 영주비자를 취소하는 경우도 있습니다.

어떻게 찾아 냈을까요? 누가 고발이라도 했을까요? 아닙니다. 그 방법은 공유하지 않겠습니다 (사실대로 밝히고 비자를 받는 분들은 아무런 고민을 할 필요도 없고 알 필요도 없는 것이기에)

비자를 신청할 때 과거의 거절 / 취소 된 것 밝히고 이름 스펠링이 바뀌거나 공식적으로 이름이 바뀌었다면 늘 사실대로 대답해야 합니다. 한번이라도 대답을 소홀히 하여 불이익을 당하지 않길 바라면서 …

MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – false or misleading information in the visa application – three year exclusion period after previous visa cancellation – applicant officially changed his name twice – further visa application under name variation – previous names not declared – decision under review affirmed

CONSIDERATION OF CLAIMS AND EVIDENCE

6. The issue in this review is whether the visa applicant meets Public Interest Criterion 4020 (PIC 4020) as required by cl 500.217(1) for the grant of the visa. Broadly speaking, this requires that:

• there is no evidence that the applicant has given, or caused to be given, to the Minister, an officer, the Tribunal, a relevant assessing authority, or Medical officer of the Commonwealth, a bogus document or information that is false or misleading in a material particular in relation to the application for the visa or a visa that the applicant held in the 12 months before the application was made: PIC 4020(1); and
• the applicant and each member of the family unit has not been refused a visa because of a failure to satisfy PIC 4020(1) during the period starting 3 years before the application was made and ending when the visa is granted or refused, unless the applicant was under 18 at the time the application for the refused visa was made: PIC 4020(2) and (2AA); and
• the applicant satisfies the Minister as to his or her identity: PIC 4020(2A); and
• neither the applicant nor any family unit member has been refused a visa because of a failure to satisfy PIC 4020(2A) during the period starting 10 years before the application was made and ending when the visa is granted or refused, unless the applicant was under 18 at the time the application for the refused visa was made: PIC 4020(2B) and (2BA).

7. The requirements in PIC 4020(1) and (2) can be waived if there are certain compelling or compassionate reasons justifying the granting of the visa: PIC 4020(4). However, this waiver does not apply to the identity requirements in PIC 4020(2A) and (2B). PIC 4020 is extracted in the attachment to this decision.

8. The applicant is a national of South Korea, born in 1982. He first arrived in Australia holding a subclass 417 working holiday visa (the first 417 visa) in 2010. He was granted a second working holiday visa (the second 417 visa) on 27 September 2011; the second 417 visa was cancelled on 26 October 2012 because the applicant provided incorrect information about having undertaken specified work in a regional area, which was a requirement for the grant of the visa. The applicant departed Australia on 17 November 2012, subject to a three year exclusion period because of the cancellation of his second 417 visa. At the time he departed, he held a passport issued in 2008, in the name of Mr Myoung Gyoo Kim.

9. Relevantly in this case the following passports have been issued to the applicant:

1. In the name Myoung Gyoo Kim, issued in 2008
2. In the name Myounggyo Kim, issued 26 June 2013, expired 22 October 2020
3. In the name, Myounggyo Kim, from 6 August 2020 to 6 August 2030

10. The passports all have the same date of birth. The applicant claims he lost the first passport listed above, on or about 17 November 2012, at an airport in Korea when he returned there from Australia after his second 417 visa had been cancelled. At the Tribunal hearing, the applicant said he made a report to the police in Korea ‘straight after’ he lost the passport issued in 2008 and, in around January 2013 he applied for a new passport; the second passport above, that was issued in June 2013.

11. In November 2012, the applicant had departed Australia holding a Bridging Visa E after his second 417 visa was cancelled and was subject to a three year exclusion period. After arriving back in Korea, he nonetheless applied offshore for a subclass 570 student visa only a few months later. The subclass 570 student visa was granted on 5 August 2013. The applicant used the passport issued in June 2013 for his subsequent travel to Australia.

12. From around the time the second passport above was issued, the applicant resided onshore on other visas that were granted to him and has included in the online application form generated on April 2020 the following stays in Australia and the purpose of the stays:

• 13 August 2013 to 18 November 2013 student
• 24 November 2013 to 11 September 2014 student
• 25 September 2014 to 20 November 2016 student
• 2 December 2016 to 29 January 2017 student
• 18 February 2017 to 20 January 2019 student (dependent)
• 7 February 2019 to 17 February 2020 student (dependent)

22. However, earlier in the hearing, he had been asked questions relating to the period in 2013 when the applicant was in Korea:

‘You said before you knew there was a 3 year cancellation period when your visa was cancelled in 2012?’, answer, ‘Yes.’

When you decided you wanted to come back to Australia as a student, did you check whether you could apply?’, answer, ‘No.’

So there was a three year exclusion, but you thought ‘I’ll just apply and see what happens’. Is that what you thought?’, answer ‘Yes. I thought that.’

‘Did you also think it might be not be a good idea to disclose you’d had a visa cancelled to help your application?’ answer, ‘No, that didn’t come to my mind. My relationship with my parents deteriorated significantly, so I just wanted to get away.’

23. The Tribunal does not accept that the applicant was unaware, at the time the 2020 student visa application was made, that he had had a visa cancelled (in 2012).

Other names / spellings (at page 3 of 20)

Is this applicant currently, or have they ever been known by any other names?

No

,,,

Visa history (at page 14 of 20)

Has the applicant, or any person included in this application, held or currently hold a visa to Australia or any other country?

Yes

Give details: ETA, Student visa, Working Holiday Visa to Australia.

Has the applicant, or any person included in this application, ever been in Australia or any other country and not complied with visa conditions or departed outside their authorised period of stay?

No

Has the applicant, or any person included in this application, ever had an application for entry or further stay in Australia or any other country refused, or had a visa cancelled?

No

31. A history of matters relating to the applicant’s non-declarations in the visa application that is the subject of this review, and the earlier 2013 application, has been detailed above. The Tribunal has given reasons why it is not accepted that the applicant provided, or omitted to provide, the relevant information unintentionally.

32. The Tribunal makes the following findings:

• There is before the Tribunal that the applicant has given, or caused to be given, to the Minister, an officer, the Tribunal, a relevant assessing authority or a Medical Officer of the Commonwealth:
  • ‘information that is false or misleading in a material particular’ as defined in PIC 4020(5), i.e. information that is:
    • false or misleading at the time it was given, and
    • relevant in a material particular to the assessment of the GTE criteria, as required in cl.500.212 of Schedule 2 to the Regulations, relating to the applicant’s previous visa history,

• in relation to the visa application or a visa held in the 12 months before the visa application was made.

33. Therefore, the applicant does not meet PIC 4020(1).

Full AAT case 보기

Last update: 2022년 5월 6일

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