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Case Study 03

Student Visa (Subclass 500)
Refusal – PIC 4020(1) (Bogus Document) Overturned at ART

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Our client sought help with a PIC 4020(1) student visa refusal appeal at the Administrative Review Tribunal (ART). The Department of Home Affairs had refused the Subclass 500 application because a bogus document was alleged to have been provided. This case study explains our preparation for the hearing and the outcome: the finding was set aside and the application returned to the Department for reconsideration.

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We explained to the client that the bogus document is a serious matter and can trigger a 3 year exclusion period, affecting his ability to obtain future visas. We assisted the client in preparing the supporting documentation and the detailed legal submission for the hearing. We carefully analyzed the refusal decision, identifying the weaknesses and points of challenge. A comprehensive submission was drafted, addressing the specific concerns under PIC 4020(1) and providing a legal and factual basis for a waiver.

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At the ART hearing, we presented the case persuasively, focusing on both the technical legal requirements and the compassionate, human elements of the client’s situation. After considering the evidence and submissions, the ART was satisfied that the concerns raised by the Department had been adequately addressed.

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The PIC 4020(1) finding was set aside, and the matter was remitted to the Department for reconsideration. This was a huge relief for the client and a reminder that with the right preparation, even complex visa refusals can be challenged successfully.

Explore our visa refusal and ART review services, or contact us for advice about your circumstances.

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North Sydney

2060

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