Was your visa application refused because someone else committed fraud? The refusal may be invalid.
Over a decade of practising immigration law, I have come across many cases where visa applications were refused based on alleged fraud, including circumstances where a third party (e.g. a migration agent, education agent or employer) submitted fraudulent information without the visa applicant’s knowledge.
While visa applicants are generally responsible for everything submitted with and claimed in their visa application, such that mere carelessness in reviewing a representative’s work would not be enough to excuse them from the fraud, case law suggests that fraud committed by a third party (including a migration agent) could in fact render the visa application invalid, thus effectively “wiping” the refused visa application from existence.
In Kaur v Minister for Immigration and Border Protection [2019] FCAFC 53, the Full Federal Court confirmed that fraud committed by a migration agent may, in appropriate circumstances, render a visa application invalid where the applicant was not a knowing participant in the fraud. Nonetheless, the Court also clarified that that “reckless indifference”, i.e. mere carelessness or failure to supervise an agent is not enough - it must be shown that the applicant was not indifferent to the migration agent acting unlawfully or dishonestly, as opposed to being merely indifferent to how the migration agent might procure a visa acting lawfully and properly.
More recently, the consequences of fraudulent conduct by a migration agent were considered by the Federal Circuit and Family Court in the case of Bala v Minister for Immigration and Citizenship [2026] FedCFamC2G 637.
Bala v Minister for Immigration and Citizenship [2026] FedCFamC2G 637
In the case of Bala, the applicant’s registered migration agent lodged a Student visa application on his behalf on 22 July 2021, attaching a Statement of account and Balance certificate which showed that the applicant had a bank account opened at Canara Bank in India with a balance of INR 1,001,312. On 11 September 2021, the Department invited the applicant to comment on information which suggested the Canara Account Statement was not genuine, and the applicant responded on 15 October 2021. The Student visa application was subsequently refused on 13 December 2022, on the basis that the Canara Account Statement and Canara Balance Certificate were bogus documents.
On 21 December 2022, the applicant applied to the Administrative Appeals Tribunal (as the Administrative Review Tribunal was then known) for review of the refusal, and on 25 October 2023, the Tribunal affirmed the decision to refuse the applicant’s Student visa application. In this regard, the Tribunal considered the applicant’s claim that she was “unaware that this non-genuine document was submitted in association with the visa application until she received the Department’s natural justice letter”, and found that the applicant “displayed a concerning level of indifference to the detail of her student visa application”.
On 15 November 2023, the applicant applied to the Federal Circuit and Family Court of Australia for judicial review of the Tribunal’s decision. The Court considered the applicant’s claims that:
she and her husband already had more than enough genuine funds to meet the financial capacity requirements for her Student visa application, including fixed deposits held by her father worth approximately INR 7.2 million (around AUD 128,000);
despite this, her migration agent had insisted that her husband pay INR 175,000 to a person connected with the migration agent to open a new bank account at Canara Bank for a new education loan to be arranged;
they were never given copies of the fabricated documents that would ultimately be lodged with the Department despite having requested this;
Notably, the fradulent Canara Bank account statement and balance certificate actually false suggested that the account had existed for around 1 year before it was actually opened, containing numerous fictitious transactions occurring before the account even existed.
they trusted their migration agent because he had successfully obtained their previous Student visas for them;
after receiving the invitation to comment from the Department, the applicant confronted the migration agent who suggested that she tell the Department it was her husband who had committed the fraud and that she was an innocent victim;
the migration agent eventually stopped taking their calls and tried to withdraw the application without the applicant’s consent, which she found out about when logging into her ImmiAccount to check the status of the application and finding that a Form 1446 (Withdrawal form) had been uploaded without her consent.
Following cross-examination of the applicant and her husband, the Court considered that they were consistent about events which had occurred in July 2021, and were credible. The Court further found that neither the applicant nor her husband were careless or indifferent in their dealings with the migration agent, and accepted that they were unaware of the fraudulent documents being submitted. Accordingly the Court declared that the Student visa application lodged by the applicant on 22 July 2021 was vitiated by fraud and is invalid, thereby “wiping” the lodgement and resulting refusal of the Student visa application from record.
One of the important things to note in the case of Bala is that the applicant never actually seemed to have needed the fabricated/fraudulent evidence provided by the migration agent. This is a significant factor which likely weighed in favour of the Court finding that the applicant did not have any real motive to participate in the fraud.
How to protect yourself from third-party fraud
Cases like Bala highlight the importance of being aware of and understanding exactly what is being submitted to the Department of Home Affairs with your visa application.
At Inclusive Migration, our immigration lawyers provide all visa applicants with ample opportunity to review and confirm the contents of their visa application prior to lodgement, as well as a list of documents which is being provided in support of their visa application. We also collate all relevant information in a single questionnaire which we then use to draft and cross-check your application forms (of which there may be multiple), so as to minimise the chances of providing inconsistent information across multiple documents.
To help protect yourself and ensure that all the information and documentation being provided to the Department is true and accurate, you should:
Read your visa application carefully before it is submitted, and not be pressured into signing forms or declarations that you have not had an opportunity to review.
Request a complete copy of your visa application and every supporting document before and after lodgement, and retain these records.
Keep a copy of all correspondence with your legal representative and/or migration agent, including emails, messages and receipts relating to your visa application. These records may become important if questions later arise about how your application was prepared.
Be cautious if you are asked to pay money to unfamiliar third parties or to obtain documents through people you have never dealt with directly.
Never allow anyone to complete declarations on your behalf without your knowledge and approval.
Seek independent legal advice promptly if the Department raises concerns about false or bogus documents. In some circumstances, early legal advice may identify issues that significantly affect your rights and available options.
How we can help
At Inclusive Migration, our immigration lawyers regularly work on complex immigration matters, including Public Interest Criterion (PIC) 4020 cases involving allegations of bogus documents and information.
If your visa has been refused because of allegations of false or misleading information, or you believe someone involved in your application may have acted dishonestly without your knowledge, we can assess your circumstances and provide clear, practical advice about your available options through an initial consultation. During the consultation, we can assess the evidence relied upon by the Department to determine whether there are any legal issues that may have been overlooked.
To arrange a consultation with one of our immigration lawyers, please email info@inclusivemigration.com.au, submit an enquiry through the contact form on our website, or send a WhatsApp message to +61 490 704 775 so we can help you identify the best pathway forward.
