What happens when visa holders or applicants give incorrect information on visas? Division 3, Subdivision C, Sections 97-107 of the Migration Act 1958 provides the rules pertaining to incorrect information on visas. This article discusses incorrect information on visas.
Section 97: Interpretation
Under Section 97, an “application form” means a form on which a non-citizen applies for a visa. While a “passenger card” includes any document provided for by regulations under Section 504(1)(c).
Section 98: Completion of Visa Application
Under Section 98, a non-citizen who does not fill in their application form or passenger card is taken to do so if they cause it to be filled in or if it is otherwise filled in on their behalf.
Section 99: Information Is Answer
Under Section 99, any information that a non-citizen gives or provides in relation to the non-citizen’s application for a visa is to be an answer to a question in the non-citizen’s application form, whether they give or provide the information orally or in writing and whether at an interview or otherwise. The information must be provided to the Minister, an officer, an authorised system, a person or the Tribunal, or the Immigration Assessment Authority, reviewing a decision under this Act.
Section 100: Incorrect Answers
Under Section 100, an answer to a question is incorrect even though the person who gave or provided the answer, or caused someone to give or provide the answer, did not know that it was incorrect.
Section 101: Visa Applications to Be Correct
Under Section 101, a non-citizen must fill in or complete their application form in such a way that:
- they answer all questions on it, and
- they do not give or provide incorrect answers.
Section 102: Passenger Cards to Be Correct
Under Section 102, a non-citizen must fill in their passenger card in such a way that:
- they answer all questions on it, and
- they do not give or provide incorrect answers.
Section 103: Bogus Documents
Under Section 103, a non-citizen must not give, present, produce or provide to an officer, an authorised system, the Minister, the Immigration Assessment Authority, or the Tribunal performing a function or purpose under this Act, a bogus document or cause such a document to be so given, presented, produced or provided.
A “bogus document” means a document that the Minister reasonably suspects is a document that:
- purports to have been, but was not, issued in respect of the person,
- is counterfeit or someone who does not have the authority has altered it,
- was obtained because of a false or misleading statement, whether or not made knowingly.
Section 104: Changes in Circumstances to Be Notified
Under Section 104, if circumstances change so that an answer to a question on a non-citizen’s application form or an answer is incorrect in the new circumstances, they must, as soon as practicable, inform an officer in writing of the new circumstances and of the correct answer in them. This applies despite the grant of the visa.
If the applicant is in Australia at the time of visa grant, this Section only applies to changes in circumstance before the visa grant.
If the applicant is outside Australia at the time of visa grant, this Section only applies to changes in circumstances after the application and before the applicant is immigration cleared.
Section 105: Particulars of Incorrect Information on Visas to Be Given
Under Section 105, if a non-citizen becomes aware that:
- an answer given or provided in their application form,
- an answer given in their passenger card,
- information given by them under Section 104 about the form or card, or
- a response given by them under Section 107
was incorrect when it was given or provided, they must, as soon as practicable, notify an officer in writing of the incorrectness and of the correct answer. This Section applies despite the grant of any visa.
Section 106: Obligations to Give Information Is Not Affected by Other Sources of Information
Under Section 106, the requirement for a non-citizen to comply with Sections 101, 102, 103, 104 and 105, does not change by the fact that the Minister or an officer had, or had access to:
- any information given by the non-citizen for purposes unrelated to the non-citizen’s visa application, or
- any other information.
Section 107: Notice of Incorrect Applications
Under Section 107, if the Minister considers that the holder of a visa who has been immigration cleared (whether or not because of that visa) did not comply with Sections 101, 102, 103, 104 or 105, the Minister may give the holder a notice:
- giving particulars of the possible non-compliance; and
- stating that, within a period stated in the notice, the holder may give the Minister a written response to the notice.
If the holder disputes that there was non-compliance, they must show:
- that there was compliance, and
- causes why the Minister should not cancel the visa, in case the Minister decides to cancel the visa.
If the holder accepts that there was non-compliance, they must:
- give reasons for the non-compliance, and
- show causes why authorities should not cancel the visa
The Minister must state in the notice if they consider cancelling the visa. They must also require the holder:
- to tell the Minister the address at which the holder is living; and
- to tell the Minister if they changed their address.
The period to be stated in the notice under this Section must be:
- in respect of the holder of a temporary visa–the period prescribed by the regulations or, if no period is prescribed, a reasonable period; or
- otherwise – 14 days.
Regulations prescribing a period may prescribe different periods and state when a particular period is to apply, which, without limiting the generality of the power, may be to:
- visas of a stated class,
- visa holders in stated circumstances,
- visa holders in a stated class of people (who may be visa holders in a particular place), or
- visa holders in a stated class of people (who may be visa holders in a particular place) in stated circumstances.
If the visa holder responds to the notice, they must do so without making any incorrect statement. Additionally, the notice under this Section do not affect the holder’s obligations under Section 104 or Section 105 regarding incorrect information on visas.
Seeking Legal Advice
Visa holders may mistakenly provide incorrect information on visas. Perhaps you may have provided incorrect information on visas and are now facing consequences of this.
JB Solicitors has a leading team of lawyers who can help with your situation. We offer legal advice to your case, and we can advise you on what steps to take regarding incorrect information on visas. Do you have any more queries on incorrect information on visas? Contact us today.