Kaur v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FedCFamC2G 2108

AZAEY v Minister for Immigration and Border Protection [2015] FCAFC 193; (2015) 238 FCR 341

BDE16 v Minister for Immigration and Border Protection [2019] FCA 816

BOH17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 573

Craig v South Australia [1995] HCA 58; (1995) 184 CLR 163

Ebner v Official Trustee in Bankruptcy [2000] HCA 63

Minister for Immigration and Citizenship v SZMOK [2009] FCAFC 83; (2009) 247 FCR 404

Minister for Immigration and Ethnic Affairs v Wu Shan Liang & Ors [1996] HCA 6

Minister for Immigration and Multicultural Affairs v Eshetu [1999] HCA 21; (1999) 197 CLR 611

Minister for Immigration and Multicultural Affairs v Jia Legeng [2001] HCA 17

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v EGZ17 [2022] FCAFC 12; (2022) 289 FCR 164

MZZLO v Minister for Immigration and Border Protection (No 2) [2016] FCA 356

Plaintiff S157/2002 v Commonwealth of Australia [2003] HCA 2; (2003) 211 CLR 476

SZRUI v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCAFC 80

WZAVW v Minister for Immigration and Border Protection [2016] FCA 760

1. In the Applicant's affidavit she asserts that Mr Singh committed immigration fraud by failing to notify her of the refusal of the Previous Student Visa Application and by sending a bogus letter confirming that the Previous Student Visa Application had been withdrawn. She also includes as an annexure a translated document which she says is a comment from 'The Student World's Facebook page', in which someone comments "Thief of the first order, has eaten our 17 lakhs".
2. The primary question when the issue of fraud is raised in relation to a decision of the Tribunal is whether the Tribunal was disabled or stultified from discharging its fundamental statutory functions with respect to the conduct of the review: SZFDE v Minister for Immigration and Citizenship (2007) 232 CLR 189 at 206; [2007] HCA 35 at [49].
3. The principles in relation to fraud in the visa application process are now well-established. They were helpfully summarised by Judge Ladhams in Kumar v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FedCFamC2G 792 at [27] as follows:

(2000) 177 ALR 225

(2003) 211 CLR 476

(2000) 205 CLR 337

(2016) 247 FCR 554

(2015) 238 FCR 341

(2022) 289 FCR 164

(2007) 232 CLR 189

(1995) 184 CLR 163

(1999) 197 CLR 611

(2010) 240 CLR 611

(2001) 205 CLR 507

(2016) 248 FCR 398

(2017) 258 FCR 1

(2019) 269 FCR 464

(2009) 247 FCR 404