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R5.15 Explaining discrepancies in family details

  1. Under the principles of fairness and natural justice, applicants must be given an opportunity to explain any discrepancies in the details of their immediate family, if those discrepancies are materially relevant to the application.
  2. Applicants, or other relevant parties, may be required to provide the explanation in writing and/or at an interview, and if given at interview the explanation must be recorded in writing.
  3. If applicants or other relevant parties are required to provide the explanation in writing, they must be given a reasonable time in which to do so and must know what it is they are expected to explain.
  4. If, as the result of an explanation, the immigration officer is satisfied that the details provided by the applicant are correct, or that the applicant has genuinely misunderstood the requirements, the officer should continue to assess the application.

R5.15.1 False or misleading information

  1. If an immigration officer has reasonable cause to believe that an applicant has:
    1. supplied incorrect information; or
    2. failed to declare relevant family members in a deliberate attempt to mislead,

    the officer should consider declining the application under the character provisions of the Administration chapter (A5).

  2. If the application is declined on character grounds, the officer should continue to assess the application and, if the application fails to meet other applicable residence instructions requirements, also decline the application on those grounds.

Effective 29/11/2010

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