Indian immigrant gets a reprieve in the battle for Australia Visa

An Indian immigrant got a reprieve from the Federal Court of Australia in the 7-year long court battle for Australia Visa. He had availed services of an Immigration Agent who fled to India after a big immigration scam.

Jagdip Singh applied for an Australia Visa through S&S Migration in April 2011. Meanwhile, the Immigration Agent falsely claimed in the application that Singh had a positive skill evaluation. This resulted in his application being rejected.

Singh told the Administrative Appeals Tribunal - AAT that he was unaware that his agent had filed an application for a Subclass 485 Temporary Graduate Visa on his behalf. He also maintained being unaware of the fake documents and details in his application. Singh added that he was a victim of fraud by the Immigration Agent, as quoted by the SBS.

Nevertheless, the Tribunal Court opined that Singh had authorized the agent to represent his application. He was thus accountable for the information as well as the Visa application.

The Federal Circuit Court also dismissed the challenge to the decision in 2018. The Judge ruled that at the best, Singh was unresponsive to the fraud committed by the agent.

The Circuit Court further observed that Singh had only handed over his Passport to the agent for filing the application. It said that he should have informed a reasonable individual that the agent was unlikely to take a lawful course.

Singh said that he made the payment of the fee in cash after the agent informed him of the application being filed. The Court said that it is unbelievable that the agent would submit an application prior to the receipt of the fee.

Nonetheless, the Federal Court of Australia ruled that the basis for coming to a conclusion that Singh was unresponsive to the fraud was not clarified by the Circuit Court. It also considered Singh’s uncontested statement that he was stunned and unable to comprehend when he learned regarding the rejection of his Australia Visa.

Judge Davies J of the Federal Court of Australia said that Singh did not provide opposing or conflicting evidence orally. This is as to his response on both the accounts of the situations when he became aware of the rejection, added the Judge.

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