NSW Will False Statutory Declarations Affect Australian Citizenship Application?

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Skishlia

Member
17 December 2016
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I've discovered today that my husband lied to me about the nature of our relationship and has been since before we were married. Due to his lies, several false statutory declarations were filed in my migrarion application, including his and mine, and stat decs from 6 Australian citizens. He's been hiding he's gay and secretly hates religious people and only used me as a convenience. The stat decs were about his and my piety and passionate love for each other.

My husband has told me he's decided he no longer wants to be married to me, and in order to avoid paying any maintenance or sharing our household items (we have no house or car or assets), he's going to have me removed from the country. I'm confused by this situation and worried he might have had some sort of mental break over his sexuality. If that's not the case then I have to believe he's serious about this.

I've been a PR for fifteen years. I never thought I needed to be a citizen. I looked on the DIAC website and it appears that false information is only reason PR or Australian citizenship would be revoked after being granted.

The only false information included was provided by my husband and I thought manipulating six people plus me into filing false stat decs would have a heavy penalty for him. My husband has a relative that works for DIAC who advised him officials never go after Australian citizen sponsors in these situations, only the migrants.

My husband is away on a trip and we only have a few hundred dollars in our savings account until he's paid again on his return. Legal Aid turned me away due to his income. I know I'll need to pay a lawyer eventually but I'd appreciate it if someone could provide some clarity on this situation whilst I wait on his return.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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830
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Sydney
Did you tell the truth, on your application, as you genuinely believed it to be?

You are not always and automatically liable for anything he did in the way of lying on his application.
But you might be.

As to "having you removed from the country" - I don't see where he has the power to do that.

It sounds like the facts are complex, and yes, your PR is at risk if there is false material in your PR application.

You do need a lawyer. Get one who is also a Registered Migration Agent.
And do it first thing on Monday morning.