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[AAT 케이스] 485 비자 신청하기전 3년안에 거짓정보로 과거비자가 거절된 경우

그 거절된 사유가 가짜 정보 제출로 비자가 거절된 경우 특히 유의해야 합니다.

 

MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) – previous student visa application refused because of false or misleading information or bogus document – discretion to waive criterion – compassionate or compelling circumstances – actions of previous agent – employer may be affected – three-year period now passed – decision under review affirmed

과거 비자가 거절된 경우가 있고 그 사유가 거짓정보를 제출한 경우 아래 조항을 만족하지 못하면 AAT (지금의 Administrative Review Tribunal : ART) 에서 승소하지 못합니다.

 

  1. The issue in this review is whether the visa applicant meets Public Interest Criterion 4020 (PIC 4020) as required by cl 485.216 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).
  2. 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.

유일한 예외 법이 있긴 한데 7번 항목처럼 어떤 특별한 사유가 아니고는 PIC 4020를 만족하지 못해서 재심에서도 패소하게 됩니다.

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Last update: 2024년 10월 31일

 

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