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Discussion Starter · #1 · (Edited)
Correct: Emmalee Jones-Magee
Wrong||: Emmalee Jones-Mage


Unfortunately my friend has spelt my partner's name slightly wrong (the sponsor). They had to spend quite a bit of time making trips to get it printed/witnessed/scanned so I feel bad asking them to go back and do it again. Do you think this minor error matters?
 

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Probably not, but:

Trivedi vs Minister for Immigration and Border Protection
On 4 April 2014, the Full Federal Court unanimously agreed that it is not necessary for a visa applicant to be knowingly or
directly involved in the giving of a bogus document or false or misleading information in order for the grant of a visa to be
refused for failing to satisfy PIC 4020. The court held that to refuse on the basis of PIC 4020 it is necessary that the
information or document have the quality of “purposeful falsity” whether or not the visa applicant can be shown to have
personal knowledge of that fact. A visa application could not be refused due to PIC 4020 if a visa applicant could explain an
innocent mistake in a document or information provided by them or on their behalf.
The decision is consistent with PIC 4020 policy. If applicants can explain an innocent mistake or error, as part of the
procedural fairness process, they may satisfy PIC 4020(1). The applicant still has an obligation to provide genuine
documents and information in their visa application. Further, at policy, if they provide bogus documents or false or
misleading information in relation to a material particular, they will need to show that the document or information did not
contain any ‘purposeful falsity’. There is no obligation on the decision maker to determine whether the applicant who gave
the document or information knew that they were bogus or false or misleading but the document must contain some
purposeful falsity in order to fall within PIC 4020(1).
‘Given, or caused to be given’ refers to a document and/or information provided to the delegate, either directly from the
applicant or by a third party on behalf of the applicant. It is not necessary to show knowing complicity by an applicant in the
provision of a document and/or information, it will be sufficient that the applicant is aware of the visa application even if
they are ignorant of the specific content. Ultimately it is the responsibility of the applicant to ensure the documents and
information in the application are truthful, even if a migration agent or third party is acting on their behalf. AND SO ON
 
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