I got a PFL stating that i lied about my previous visa refusal to Australia but in fact I never had the refusals before. I am replying to the letter in due time. But my additional concern is that my consultant missed out my brother's name in the family form. Shall I address this issue to the reply as the letter do no concern such issue.? I really do not want to get banned for 5 years as I have presented my application in true and fair manner. Really need of a serious suggestions if anyone has came across such issue.
Procedural Fairness letter issue
- Thread starter ivan10pro
- Start date
Just to be sure, did you mention it at all in the application? I mean the refusal that they are talking about
I never had any refusals. I do not know why they are telling me I had refusal in first place.
Strange. From what I know they get this information mainly from ''info sharing'' from few set of tied up countries based on the details provided. Did you ever apply for Australia?
If all good from your end and you are confident then just revert back with honesty, it could just be some clerical error from their end.
Alright. It will be too blunt to just tell them that you do not have a refusal. You need evidence. Ask your parents if they had applied for a visa on your behalf in the past. If not, you can try this; Go to the Australian Embassy website in your country of residence and check for the requirements for a visa (probably tourist visa). After that, quote your case in that order.
For example.
Dear immigration officer,
In order to fully qualify or be eligible to apply for an Australian visa in my (country), I have to satisfy the following conditions.
1. Fill in an application form
2. Provide biometric data
3. Provide proof of funds etc
4.xxxx
After that, state that you did not undergo any of the preconditions stated above.
After that, inform them about your current country of residence and give them details of the Australian consulate in that country. Further state that in order to verify this information, you have once again provided the email address, phone number(s) of the consulate.
This is just my opinion but I hope it helps in a way.
This is good advise. OP also check & ensure your agent did not have a mix up of documents from some other candidates just to be sure.
"After that, state that you did not undergo any of the preconditions stated above." can you elaborate this more? I could not understand properly. Thank you
The preconditions are the things that I have stated in points; filling an application form etc. It can also be “requirements”. I think if you clearly state that, you should be fine (my opinion)
Keep in mind that there are so many ways of presenting this case.
You could also prepare statements from your parents(with an affidavit if possible) to show that they have not applied for any Australian visa on your behalf since the time of your birth.
Another point;
When did you acquire your passport? You could list the number of applications you have filed after acquiring your current passport.
e.g Visa category, date, decision etc
Check with your consultant, I have seen case here where consultant attached proof of payment from other applicant and Applicant got PFL for producing fake receipt. other thing could be, may be someone applied for Visa on your behalf and didn't tell you the outcome. third, could be you have common name that match with someone's date of birth... these are just a guessing but you know your situation if any of that apply.
Rather address only what what raised in the PFL when responding. You can raise a separate webform to correct the omission of your brother's info in your application.
will they not suspect me being misrepresenting if i send webform after receiving PFL? Can i say its a genuine error as my brother too had not included me in his application in Australia but subsequently i traveled at his convocation despite not adding my information? I showed he was my brother while going to Australia and it did not cause any hindrance and i travelled smoothly. This led me believe only dependent siblings shall be added in the siblings detail which let me made a genuine error.
So you intentionally (even if innocently) didn't include your brother at all in your application, not an honest omission by your consultant. Makes sense because your consultant would filled your application based on info you provided, so if a name was left out, it was because you left it out. If that is the case, then you already committed misrepresentation. IRCC probably already figured that out cos they already found your Australian connection.
Your best bet is to rectify this mistake ASAP (by sending in a LOE and a new family information form). Hopefully not much damage has been done.
yes so i am not taking any chances as its only one widow opportunity and i omitted the info not to get the unfair advantage but due to mere error of misunderstanding.