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May 02, 2023


True Family Composition

Based on the evidence provided in the application, it is evident that the applicant has been presenting the immigration and other government agencies with false identification cards as well as passport numbers which shows an evident of falsification of information. this has made the visa holder’s correct identity to be unknown. Having submitted her application on two different occasions in which both occasions she present herself as a different person, it is evident that she is a fraudster who is seeking entry rights without adhering to the law on revealing his right identity. Therefore, using a false identity and attempt to enter Australia it is regarded as a breach of immigration rules and this can result into punitive measures to be taken against her for such an action of falsification of personal information which is against the state rules and regulations.

Her admission of entering the country in the past through the use of different identity names in the past is a clear indication that she was a fraud whose intention is not yet clearly known to the country and therefore, this is a good time for the immigration agency to hold her accountable for such breach of immigration rules and regulations through falsification of entry information details. There is also substantial evidence showing that she breached the conditions of 8101 visa on no work provisions in which she engaged in work provision while using a visa that limited holders of such visa from engaging in provision of work an act that goes against the requirements of immigration. Since the children are adults who are working, there is no need to award a fraudster a visa to come and live in Australia with them since she has already breached the provisional rules of transparent and honest by failing to provide her real identity from the start of her trips to Australia an act that would have contributed to improving her chances of getting a visa for relocation into the country legally. Having a record which shows the first visa holder having her visa cancelled on two occasions is an indication that she is a fraud who is not being genuine in regards to the issue of her visa application as she is not making any efforts to ensure that she can be able to act genuinely and offer necessary support information which can help the immigration to hear and deliberate on the case. Moreover, she also had offences done back in Korea which she did not reveal to the immigration authorities hence indicating that she is not a reliable person.

Falsification of the identity of an individual is a criminal offence especially when applying for a visa as such an action is regarded as a violation of immigration laws in which the visa has been cancelled pursuant to provisions of Section 131 of Migration Act 1958 which provides the immigration agency with the responsibility and authority to cancel a visa application if they are convinced that the details provided in the visa application are not genuine or there is falsification of information. It is therefore evident that the visa application cannot be provided with a visa due to identity falsification on the past two occasions when she had entered Australia, engaging in criminal activities that made her to have a criminal charge levelled against her in her home country which she falsely claimed that she did not have any bad reputation with the law enforcing agency in regards to the cases that she has been involved back in her home country. Further, she had violated the past visa conditions especially in regards to working while holding a temporary stay visa in the country hence indicating that she had breached the provisions of the migration act on what visa can allow an individual to work while living in the country. The law provides room to cancel a visa if applicant does not satisfy requirements for award of visa.

The potential legal problems arising from this case therefore is that she is staring at a possible legal dispute that she will be charged with falsification of identity in Australia and in her home country for more than two occasions and attempting to use the false identities to gain entry into a foreign jurisdiction while impersonating or claiming to be the other person whose identity she is impersonating. The cancellation comes into effect with adherence to rules and regulations which requires due diligence to be conducted in exercising full authority to consideration for each visa applied that has either passed or having been breached. Moreover, the cancellation means that she will never be allowed back into Australia even with a real identity showing who she is because in the first place she had breached the law provision in providing her real identity to the immigration which would have controlled occurrence of these doubts. Lastly, the applicant stands not to have a chance to access and be provided certain types of visa which will make her to travel to the country hence imposing a challenge of visa access in future.

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Total: GBP120

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