Evidence Assessment and Decision-Making
Assessing evidence
Decision-makers and agents must assess evidence against the balance of probabilities, consider reliability and credibility, and weigh independent over self-serving evidence. Understand the role of statutory declarations, third-party corroboration, document authenticity checks, and the use of interviews and site visits.
The legal standard
A visa must be granted if the criteria are satisfied (s 65), and refused if not. Decision-makers must consider all relevant material, ignore irrelevant material, and afford procedural fairness where required - including inviting comment on adverse information under s 57 for certain visa applications.
Traps in questions
- Assuming a decision-maker must accept unchallenged evidence - credibility findings are open.
- Overlooking the s 57 obligation to invite comment on adverse information.
- Treating a statutory declaration as conclusive proof.
- Failing to consider waiver provisions (e.g. Schedule 3 waivers, PIC 4001 waivers) where available.
Rule of thumb
Apply the 'criterion-by-criterion' method: for each criterion, identify the evidence, assess its weight, and record a conclusion. A worked example: in a partner visa, evidence of joint finances, cohabitation and social recognition should be assessed together; a single strong document does not outweigh a pattern of inconsistent accounts. Where adverse information exists, invite comment before deciding.