What happens if I provide false or misleading information on my visa application?

In Plain English

Providing false or misleading information on your visa application can lead to serious consequences. The Minister may refuse to grant you a visa if they are not satisfied that the criteria for it have been met, as stated in the Migration Act 1958. Also, giving false or misleading information is an offence under the Foreign Passports (Law Enforcement and Security) Act 2005, which could lead to imprisonment.

Detailed Explanation

Providing false or misleading information on a visa application has several potential ramifications under Australian law.

  1. Visa Refusal:

    • The Minister can refuse to grant a visa if not satisfied that the criteria for it have been met, as per section 65 of the Migration Act 1958.
    • Public Interest Criterion 4003A(1) of the Migration Regulations 1994 specifies that an applicant may be refused a visa if they have provided false or misleading information.
    • This applies regardless of whether the Minister became aware of the false information due to the applicant's own disclosure or through other means (Migration Regulations 1994 clause 4003A(3)).

  2. Visa Cancellation:

    • Visas can be cancelled if they were granted based on incorrect information. Subdivision C of the Migration Reform Act 1992 outlines the procedures for visa cancellation due to incorrect information.
    • Sections 37 and 38 of the Migration Reform Act 1992 require non-citizens to fill out application forms and passenger cards correctly, with no incorrect answers.
    • Sections 40 and 41 of the Migration Reform Act 1992 mandate that non-citizens must notify officers of any changes in circumstances that make previous answers incorrect, and to correct any incorrect answers they become aware of.
    • Section 43 of the Migration Reform Act 1992 allows the Minister to issue a notice to a visa holder if they believe the holder did not comply with the requirements to provide correct information. This notice gives the holder an opportunity to respond and show why their visa should not be cancelled.

  3. Offences:

    • Under the Foreign Passports (Law Enforcement and Security) Act 2005, it is an offence to make false or misleading statements (section 18), give false or misleading information (section 19), or produce false or misleading documents (section 20) in relation to foreign travel document applications. These offences carry a penalty of imprisonment for up to 10 years and/or 1,000 penalty units.
    • Under the Biosecurity Act 2015, providing false or misleading information can lead to an offence or civil penalty (sections 194, 195, 196).

  4. Migration Agents: