Schedule 4020 applies to many visa applications and also to information and documents supplied in support of an application for a visa held in the 12 months before a visa application is made.
Below is an extract:
4020 (1) There is no evidence before the Minister that the applicant has given, or caused to be given, to the Minister, an officer, the Tribunal during the review of a Part 5-reviewable decision, a relevant assessing authority or a Medical Officer of the Commonwealth, a bogus document or information that is false or misleading in a material particular in relation to:
(a) the application for the visa; or (b) a visa that the applicant held in the period of 12 months before the application was made.
Many people granted Subclass 457 visas go on to apply for permanent visas and this is where the problem arises.
People applying for Subclass 457 visas are asked the following questions about medical conditions and often answer “No” to all questions.
During your proposed visit to Australia, do you, or any other person included in this application, expect to incur medical costs, or require treatment or medical follow up for:
Hepatitis B or C
HIV infection, including AIDS
Kidney disease, including dialysis
The writer is seeing cases where (when undertaking medicals for a permanent visa) the applicant admits to having had ongoing treatment for one of the conditions mentioned at the time they applied for the Subclass 457 visa.
This immediately puts them at risk of being refused the permanent visa on Schedule 4020 grounds and facing a 3 year ban on most new visa applications.
If a natural justice letter is received regarding this issue the safest option may be to withdraw the permanent visa application and re-apply 12 months after the expiry of the Subclass 457 visa.
However this can be a disaster with filing fees wasted and the applicant sometimes having to leave Australia.
Migration agents should therefore insist that clients make a Freedom of Information Act request to obtain the file on the Subclass 457 visa before lodging the permanent visa application.
Non-disclosure of medical conditions is also common in respect of student visa applications. Another important area of non-disclosure is that of criminal charges and convictions-these are often not disclosed when applying for student visas and Subclass 457 visas. Although the charge or conviction may not be serious enough to lead to refusal on character grounds it may lead to a Schedule 4020 refusal.
New health requirements mean processing delays, especially for sc457 visas
An estimated 180,000 visa applicants currently doing an x-ray only to meet the health criteria will soon be required to complete a medical examination as well, under the department of immigration’s new health standards. In addition, 30,000 children under 11 years, will be required to be screened for TB.
The new health requirements announced by the DIBP last Friday, mainly affects temporary visa applicants and will come into effect on 20 November 2015. It is expected to slow down visa processing times – particularly those of sc457 applications from selected countries who will be required to undergo more thorough health checks.
DIBP announced that a new health matrix will be introduced whereby there will only be two risk levels with health examinations: required or not.
Under the new system, visa applicants from over 100 countries considered ‘safe’ will generally not be required to undergo health checks for stays in Australia of six months or less. DIBP estimates that 40,000 applicants per year will not be expected to undergo medical examinations.
However, the nationals from several countries including Brazil, China, India, Indonesia, Singapore and South Africa are among those not on the ‘safe list’.
The new Health Policy Advice Manual (PAM) will be released on 20 November 2015 and will be available on LEGENDcom. This will contain policy details of the changes. Enquiries, including questions related to operational arrangements, can be made to: firstname.lastname@example.org.
Countries on the ‘safe list’: No health examinations are generally required for the countries below. Countries not listed will generally require health examinations as per the matrix.
Albania; American Samoa; Andorra; Antigua and Barbuda; Argentina; Aruba; Australia; Austria; Bahamas; Bahrain; Barbados; Belgium; Belize; Bermuda; Bonaire; Bouvet Island; Bulgaria; Canada; Cayman Islands; Chile; Christmas Island; Cocos (Keeling) Islands; Cook Islands; Costa Rica; Croatia; Cuba; Curacao; Cyprus; Czech Republic; Denmark; Dominica; Egypt; Estonia; Falkland Islands; Faroe Islands; Finland; France; French Polynesia; FYR Macedonia (Former Yugoslav Republic of Macedonia); Germany; Gibraltar; Greece; Grenada; Guadeloupe; Heard and McDonald Islands; Hungary; Iceland; Iran; Ireland; Israel; Italy; Jamaica; Japan; Jordan; Kosovo; Kuwait; Lebanon; Lichtenstein; Luxembourg; Malta; Mauritius; Mexico; Monaco; Montenegro; Montserrat; Netherlands; Netherlands Antilles; New Caledonia; New Zealand; Niue; Norfolk Island; Norway; Oman; Palestinian Authority; Pitcairn Island; Poland; Portugal; Puerto Rico; Reunion Island; Saint Eustatius & Saba; Saint Helena (Ascension and Tristan da Cunha); Saint Kitts and Nevis; Saint Lucia; Saint Martin (Dutch); Samoa; San Marino; Saudi Arabia; Serbia; Seychelles; Slovakia; Slovenia; South Georgia and the South Sandwich Islands; Spain; Svalbard & Jan Mayen; Sweden; Switzerland; Tokelau; Tonga; Trinidad and Tobago; Tunisia; Turkey; Turks and Caicos Islands; United Arab Emirates; United Kingdom (British citizen); United States of America; Uruguay; Vatican City; Virgin Islands (British); Virgin Islands (US); Wallis and Fortuna Islands.
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Charges laid against unlicensed immigration adviser from Porirua
The Immigration Advisers Authority (IAA) has laid a total of 10 charges against a Porirua man in the Porirua District Court, following a thorough investigation.
The charges faced by the man under the Immigration Advisers Licensing Act 2007 include four charges of providing immigration advice without a licence; three charges of holding himself out as a licensed immigration adviser; and three charges of receiving fees for the provision of immigration advice.
The defendant has been remanded on bail until 11 December 2015.
“The IAA was set up to promote and protect the interests of people receiving New Zealand immigration advice,” Registrar of the IAA, Catherine Albiston says.
“Unfortunately, there are people who operate unlawfully and are unlicensed. That’s why it’s very important that anyone seeking New Zealand immigration advice only use a licensed adviser or an exempt person.
“Licensed immigration advisers are immigration specialists; they must meet competency standards and follow a code of conduct. A free public register of all licensed advisers can be found on the iaa.govt.nz website.”
The public can have confidence that the IAA takes unlicensed activity very seriously and will prosecute unlicensed advisers that they believe may be operating outside the law, as is the case today.
“We encourage anyone who has received immigration advice from someone who is not licensed or exempt to come forward and speak to us,” says Ms Albiston.
“The IAA is separate to Immigration New Zealand and contacting the IAA will not affect anyone’s visa status.”
Notes to editor
The IAA was set up to promote and protect the interests of people receiving New Zealand immigration advice.
We do this by:
- issuing licences to people who are fit and competent to give immigration advice
- maintaining competency standards and a code of conduct for immigration advisers
- investigating people giving immigration advice without a licence or exemption.
- receiving complaints from people who have received poor immigration advice
Under the Immigration Advisers Licensing Act 2007 anyone giving immigration advice must have a licence unless they are exempt. Exempt people include lawyers with a current New Zealand practising certificate and Citizens Advice Bureaux staff among others.
The Authority is independent of Immigration New Zealand and cannot give immigration advice or influence a visa application.