1. The assertion that the applicant had inherited substantial
property in Sri Lanka after the permanent residence application
was rejected (particular (bii)) is false. The fact is that the
applicant has property in Sri Lanka comprising a house and money
which represents the proceeds of the sale of land inherited from
her parents prior to the 1988 application for permanent residence.
It appears that the sale of the property may have occurred after
the 1988 application. However, it has not been made apparent how
this circumstance was relevant to the consideration of the visa
application and in any event it was not a matter which was ever
raised by the applicant.
2. The assertion that the applicant and members of her family and her
aunt had travelled to Australia in the past and have never
overstayed their visas (particular (biii)) is partly false, and
generally misleading. The fact is that the applicant has never
travelled to Australia but her sister has and did return to Sri
Lanka as required. The only evidence about her aunt is that she
went to Australia in 1973 to marry and became an Australian
citizen. There is some evidence that a second aunt is also an
Australian citizen. The father of the applicant's aunt's husband
is said to have travelled to Australia on 3 occasions, namely in
1974, 1975 and 1985 and on each occasion returned to Sri Lanka as
required. The decision-maker was aware of the visit of the
applicant's sister and of the two aunts having become Australian
citizens. In my opinion the previous history of due compliance by
family members is no more relevant to the consideration of a
particular application than would be a history of non-compliance
by family members.
3. The assertion that the applicant has paid $7500 to undertake the
proposed course of study (particulars (bv), (dii)) is false. The
fact is that whatever money has been paid to RMIT has been paid by
the applicant's aunt. (The sum paid appears to be $7100). The
applicant apparently has an arrangement to repay her aunt at some
future time but this cannot be done unless and until the aunt
visits Sri Lanka. Further, as the money is refundable in the
event that a visa is not obtained, the relevance of the payment is
not apparent.
4. The assertion that all members of the applicant's family reside in
Sri Lanka with the exception of her aunt Jayasinhage Harichandran
(particulars (biv), (diii)) is false. The fact is that the
parents and a brother of the applicant are deceased. She has one
surviving sister who lives in Sri Lanka and 4 maternal aunts, of
whom 2 are Australian citizens and 2 reside in Sri Lanka. The
applicant has cousins who reside in Australia, Sri Lanka and
Canada.