According to the Australian Citizenship Act 1948, if a person has gained Australian citizenship through ‘migration-related fraud’ then they have committed an offense, which could result in the person’s Australian citizenship being revoked.
What is Migration Fraud?
Migration Fraud involves knowingly making a statement that is misleading or false in a material that relates to a visa application.
This occurred in the case of a visa applicant, a Ukraine citizen, that originally came into Australia in 2000 on a temporary visa. The visa holder left in 2004, but returned to Australia as a holder of a prospective marriage visa. He then received a temporary partner visa, followed by a permanent partner visa.
The problem in this case concerned the identity of the visa applicant. In 2000, the visa applicant had originally applied for their visa under a different identity. Once he returned to the Ukraine, he changed his name, believing that he would not be able to obtain approval for his next application under the prospective marriage visa.
Upon applying for his prospective marriage visa, as well as his temporary and permanent partner visas and Australian Citizenship, he did not mention the fact that he had originally entered Australia under a different name. Furthermore, he did not disclose the fact that he had been to Australia previous to the prospective marriage visa application.
The Department of Home Affairs eventually caught up with the applicant’s history and in 2016 he was convicted of an offence against section 234 of the Migration Act. He was charged with causing to be furnished, or furnishing a document that was misleading or false. He was also convicted of an offence against section 50 of the Citizenship Act, as he knowingly made statements that were misleading or false.
When this case was taken to court, the Tribunal made a finding that it would be contrary to the public interest to allow this applicant to remain an Australian citizen.
Circumstances involving offences or fraud:
If you have applied for an Australian citizen ship as a migrant, then the Minister reserves the right to revoke your citizenship according to circumstances that involve offences of fraud, that relate to giving false and misleading information, or fraudulent activity around your citizenship application.
Furthermore, if you have not given the Government the full material needed in order to make a proper and informed decision in relation to your Australian citizenship then your Australian citizenship may be revoked.
The Minster of Immigration and Citizenship also has the power to revoke an Australian citizenship according to the following instances:
- The person has been convicted of an offence against either an Australian or foreign law and have either been sentenced to death, or a term of imprisonment for 12 months or more.
- The person has gained citizenship through migration, or third part fraud.
- The minister is satisfied that it would be contrary to the public interest if a person remains an Australian citizen.
- The person has been convicted of a serious criminal offence and has been sentenced to at least 12 months’ imprisonment, at any time, prior to becoming a citizen.
This is the reality of what could happen if you convey misleading or false information within your visa application. Always make sure that you are open and transparent in your visa application to avoid any problems in the future. If you are confused about any aspect of your visa application, you should seek advice from professional immigration specialists.
If you are looking to study, visit, work or migrate to Australia, Results Migration are the best in the field, with a team of experienced migration lawyers and registered migration agents that are available to guide you through this complex area of law. Call Results Migration on 1800 808 717 or email us on firstname.lastname@example.org and book your free consultation today!