5. Dr the Hon LOCKWOOD SMITH (National—Rodney) Link to this
to the Minister of Immigration
For what categories of immigrants, if any, is evidence of age required when applying for a visa or permit?
Hon CLAYTON COSGROVE (Associate Minister of Immigration) Link to this
Categories with age criteria include the skilled migrant category, business investor policy, the Samoan quota, the Pacific access category, and categories within the family sponsored stream.
Dr the Hon Lockwood Smith Link to this
If it is correct for those categories that evidence of age is amongst the information required, in respect of establishing the age of an application would a birth certificate be considered a document under section 142(1)(c) of the Immigration Act 1987?
Hon CLAYTON COSGROVE Link to this
The Department of Labour verifies applicants’ ages as follows: in all cases the department requires the date of birth for confirmation of identity. Acceptable documentation includes passports and birth certificates. Passports are also checked when the applicant arrives at the border.
Dr the Hon Lockwood Smith Link to this
Would altering the birth date on a birth certificate that is then used in an immigration application, constitute producing a document that is “false or misleading” in respect of section 142(1)(c) of the Immigration Act 1987?
Madam SPEAKERThat question comes close to asking for a legal opinion. Would the member like to rephrase it so that it does not have that flavour about it, please.
Dr the Hon Lockwood Smith Link to this
What advice has the Minister received in respect of the alteration of a birth date on a birth certificate that was then used in an immigration application; and would that, according to any advice, constitute producing a document that is “false or misleading” in respect of section 142(1)(c) of the Immigration Act 1987?
Hon CLAYTON COSGROVE Link to this
I am always concerned if inaccurate or false information or altered documentation is provided in support of an application. The Immigration Act 1987 specifies penalties when an offence of this nature is proved in court. Again, I say to the member that if he has specific information, then I am happy to look at it for him.
Dr the Hon Lockwood Smith Link to this
Is it correct that the penalties the Minister has just referred to, provided under section 144 of the Immigration Act 1987, for committing an offence against section 142(1)(c) relating to the production of a false and misleading document, include a term of imprisonment not exceeding 7 years?
Hon CLAYTON COSGROVE Link to this
Section 144 of the Immigration Act 1987 provides a penalty for offences committed under section 142, as the member says, of up to 7 years’ imprisonment and/or a $100,000 fine.
Dr the Hon Lockwood Smith Link to this
Would a member of Parliament directing the alteration of a birth date on a birth certificate, as is alleged by Taito Phillip Field’s former electorate agent—a birth certificate that was subsequently used in an immigration application—be an offence against section 142(1)(c) of the Immigration Act 1987?
Hon CLAYTON COSGROVE Link to this
That is a hypothetical question better dealt with after legal advice. As I said to the member, if he has specific evidence he wants to put in front of me, then I am happy to look at it.
Dr the Hon Lockwood Smith Link to this
If a member of Parliament directed the alteration of a birth date on a birth certificate, as is alleged by Taito Phillip Field’s former electorate agent, and subsequently used that birth certificate to support an immigration application, would the penalty for that offence under section 144(1) of the Immigration Act exceed the penalty of imprisonment for a term of 2 years or upwards and force a parliamentary seat to become vacant under section 55 of the Electoral Act 1993?
Hon CLAYTON COSGROVE Link to this
Firstly, I have no responsibility for the Electoral Act; and, secondly, as I have said, section 144 of the Immigration Act 1987 provides a penalty for offences committed under section 142 of up to 7 years’ imprisonment and/or a $100,000 fine.