Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 91WA

Providing bogus documents or destroying identity documents

  (1)   The Minister must refuse to grant a protection visa to an applicant for a protection visa if:

  (a)   the applicant provides a bogus document as evidence of the applicant's identity, nationality or citizenship; or

  (b)   the Minister is satisfied that the applicant:

  (i)   has destroyed or disposed of documentary evidence of the applicant's identity, nationality or citizenship; or

  (ii)   has caused such documentary evidence to be destroyed or disposed of.

  (2)   Subsection   (1) does not apply if the Minister is satisfied that the applicant:

  (a)   has a reasonable explanation for providing the bogus document or for the destruction or disposal of the documentary evidence; and

  (b)   either:

  (i)   provides documentary evidence of his or her identity, nationality or citizenship; or

  (ii)   has taken reasonable steps to provide such evidence.

  (3)   For the purposes of this section, a person provides a document if the person provides, gives or presents the document or causes the document to be provided, given or presented.


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