Operating in tandem with the notice period for a cumulative total of 18 months, the restraint period was regarded as too broad and unreasonable, and extended beyond what was necessary to protect the employer’s legitimate business interests. Hillard,2 the Supreme Court of Victoria regarded as unreasonable a restraint period of 12 months which followed a notice period of 6 months.
In the case of BearingPoint Australia Pty Ltd v. However, having a visa refused on PIC 4020 grounds also means that the applicant will be barred from being granted an Australian visa for the next 12 months, with the potential of affecting all future Australian visa applications. In normal cases, having a visa application refused is already an adverse record on an individual’s migration history, and it could potentially affect all future visa applications (whether in Australia or for some other country) negatively. Nonetheless, regardless of how severe the allegation of bogus document or information might be, a failure to satisfy the case officer that the adverse information referred to is not false or misleading could mean that the visa application might be refused on the grounds of not satisfying Public Interest Criteria (PIC) 4020. Sometimes such adverse information can be as simple as listing the wrong telephone number in the application form, or it could be as serious as using fake employment references to support a claim for work experience.
This means that the case officer is concerned that the applicant has provided fake or fraudulent document or information in support of the visa application, and consequently, is giving the applicant an opportunity to explain the adverse information that is detailed in the letter.
An s57 Natural Justice letter is also otherwise known as an ‘Invitation to Comment on Information’ letter which is sent by the Department of Immigration and Border Protection (DIBP), most commonly when the case officer assessing the visa application suspects that a bogus document or information that is false or misleading has been provided.
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