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Indian Loses Australian Citizenship Over Identity Fraud

Mon, Feb 25 2019

Indian Loses Australian Citizenship Over Identity Fraud

An Indian man's Australian citizenship has been cancelled after the Immigration Department's "forensic analysis" discovered that he had committed identity fraud in 2003 and subsequently become an Australian citizen.

An Indian man has been wiped off with his Australian Citizenship after the Department of Home Affairs discovered he had committed identity fraud to obtain an Indian passport that was used to travel to Australia in 2003 to obtain a partner visa and later Australian citizenship in 2007.

Australia’s Home Affairs Minister Peter Dutton personally retract Mr. Singh (name withheld on request) Australian citizenship in June last year after the department's forensic analysis detected the discrepancy. 

Mr. Singh lost the case of reversing Mr. Dutton decision in Administrative Appeal's Tribunal, ruling it would be "contrary to public interest" for him to continue to hold Australian citizenship.

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Mr. Singh guilty of Identity fraud!

Thirty-eight-year-old Mr. Singh came to Australia in 1997 as an international student, married an Australian born woman when he was 19 and applied for Australia Partner Sponsorship. However, they separated soon after in 2002.

Mr. Singh travelled to India in 2002 to marry a second time and this time, he married Australian citizen of Indian origin. He said that hid migration agent suggested him to get a new identity this time because he might face difficulty in getting back to Australia.

The DHA was uncertain with this and said because his divorce certificate was issued after he has departed Australia, Mr. Singh wasn’t certain whether the divorce had been finalized and he himself suggested this idea.

Mr. Singh has then issued an Indian passport with a new name and date of birth. He travelled to Australia on a spouse visa and subsequently became a permanent resident in 2005. He used his new identity for Australian citizenship and became a citizen of Australia in 2007.

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The tribunal was told that identity fraud came into limelight when he applied for his parent’s sponsor visa in 2009 even though Mr. Singh continue to sign all his visa and citizenship applications using his previous name. The DHA told the tribunal that a “forensic analysis” detected the fraud.

Mr. Singh was charged with multiple offences against the Migration and Citizenship Act. He pleaded guilty and was sentenced to 500 hours of community service. The identity fraud was first committed in order to obtain a spousal visa, a partner visa, to apply for Australian citizenship and then to sponsor his father’s visa.

Mr. Singh’s second wife came in front of the tribunal and AAT heard that Mr. Singh and his second wife divorced in 2012 due to “unforeseen circumstances” and he married for the third time and has two children who are Australian citizens.

Immigration and Citizenship process limelight

Mr. Singh says that due to “bad advice” by the migration agent he has to face the consequences of cancelling of Australian Citizenship. Though, he did not dispute that he forged an identity and was genuinely remorseful of his deeds. There were several witnesses who claimed Mr. Singh has good character and is a nice man.

 "There appears little doubt that he is a good father, a good friend, a hard-working and dedicated member of both the Sikh and wider community and that he contributes in a positive fashion to family, friends, and community," Senior Member Chris Puplick said.

However, Mr. Puplick added that Mr. Singh "fraudulent activities" had gone over a prolonged period of time and would have continued it had not been discovered. 

 “There is no reason to believe that the Applicant would seek to have abandoned such further activity on his own initiative.”

Had the decision gone in the favour of Mr. Singh, Immigration department could have come into bad light and an attack upon the integrity of the immigration and citizenship processes will be succeeded.

Australian Immigration Department is strict with its immigration rules and policies and will not tolerate any activity that is against Australian law. It is essential for the potential migrants to carefully decide the immigration consultancy for avoiding visa rejections and cancellations.

Australia offers various immigration programs to allow applicants to settle in the country on a permanent basis. Fill the Australia Assessment form to arrange a call back from the visa and immigration experts of Aptech Visa.


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