The recent event at Melbourne airport demonstrates the importance for every international student to retain a copy from the agent of the visa application before and after the lodgement of student visa.
An Indian international student visa has been cancelled and later deported from Melbourne’s Airport. The Indian student has travelled to India. After staying in India for a few days, the student travelled to Australia to resume his studies.
He was stopped at the Melbourne Airport by the Department’s officials and was questioned about his study in Australia. According to the student, he has answered satisfactorily to all the questions raised by the Department’s officer.
However, the student was taken for a Biometric test for further investigation. The Departmental records indicates that the student has a prior visa refusal which was not declared before lodging his student visa application to Australia.
In the student visa application, the student has answered the following:
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
Have provided complete and correct information in every detail on this form, and on any attachments to it.
Yes
Understand that if any fraudulent documents or false or misleading information has been provided with this application, or if any of the applicants fail to satisfy the Minister of their identity, the application may be refused and the applicant(s), and any member of their family unit, may become unable to be granted a visa for a specified period of time.
Yes
Due to the above incorrect or misleading information, the Department has cancelled his student visa under Section 116(1)(D) and Section 101 of Migration Act.
Important: It is not a defence to later claim that the agent has not declared the prior visa refusal. To avoid unpleasant situation, it is your duty to do your own due diligence before choosing an agent. Make sure that you have a copy of the student visa application for your records.
𝗧𝗼 𝗹𝗲𝗮𝗿𝗻 𝗺𝗼𝗿𝗲, 𝗴𝗶𝘃𝗲 𝘂𝘀 𝗮 𝗰𝗮𝗹𝗹 𝗼𝗻 𝟬𝟰𝟱𝟭 𝟰𝟬𝟬 𝟲𝟬𝟭 𝗼𝗿 𝗰𝗼𝗻𝘁𝗮𝗰𝘁 𝘂𝘀 𝘃𝗶𝗮 𝗷𝗮𝘀𝗽𝗿𝗲𝗲𝘁@𝗴𝗼𝗻𝗱𝘄𝗮𝗻𝗮𝗹𝗮𝘄𝘆𝗲𝗿𝘀.𝗰𝗼𝗺.𝗮𝘂 𝘁𝗼 𝘀𝗰𝗵𝗲𝗱𝘂𝗹𝗲 𝗮 𝗰𝗼𝗻𝘀𝘂𝗹𝘁𝗮𝘁𝗶𝗼𝗻 𝘁𝗼𝗱𝗮𝘆.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader’s specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
Solicitor Jaspreet Singh 