Unauthorised Indian migration agent jailed after Australia study visa fraud involving fake university documents

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A local court in India has convicted an immigration agent in a visa fraud case involving ₹19 lakh (approximately AUD 34,000), sentencing her to three years of rigorous imprisonment and ordering a fine of ₹1.02 lakh (about AUD 1,800) to be paid as compensation to the complainant.

Additional Chief Judicial Magistrate Anish Goyal of Mohali Court found Chhavi Sharma, a resident of Chandigarh, Punjab, guilty under Section 420 (cheating and dishonestly inducing delivery of property) of the Indian Penal Code and Section 24 of the Immigration Act.

According to the court order, reported by local media, Sharma has been awarded three years of rigorous imprisonment and a fine of ₹1 lakh (around AUD 1,750) under IPC Section 420, along with one year of imprisonment and a fine of ₹2,000 (about AUD 35) under the Immigration Act. The total fine amount is to be paid to the complainant as compensation.

The case was registered at Mataur police station on January 18, 2024, in connection with the alleged fraud.

According to the prosecution, the case dates back to November 2022, when the complainant approached an immigration consultancy in Mohali’s Sector 70 to secure an Australian study visa for his daughter.

The accused allegedly assured the complainant that the visa would be arranged within 90 days and collected nearly ₹19 lakh (AUD 34,000) in instalments.

However, despite the passage of time, the visa was neither processed nor was the money refunded. After waiting for more than a year, the complainant verified the documents provided and discovered that the university offer letter submitted as part of the visa application was fake, prompting a police complaint.

During the trial, the court noted that financial transactions between the parties were established through bank records and supported by witness testimonies. It observed that the essential ingredients of cheating were clearly made out in the case. At the same time, the court recorded that the complainant had failed to independently verify the authenticity of the offer letter with the university concerned.

After examining the evidence and hearing submissions from both sides, the court acquitted the accused of charges related to forgery and criminal conspiracy. However, it held her guilty of cheating and operating without valid authorisation under the Immigration Act.

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