Australiamigrationfraud.com is a news portal that strives to be a catalyst for social change and a crusader for justice. This site features true stories that reveal methods used by individuals to defraud the Department of Immigration and Multicultural and Indigenous Affairs (DIMIA) and also reveals the appalling failures of DIMIA to have necessary checks and controls in place while granting visas and conducting investigations.

Whilst information on this site is in the public domain, the objective is to enhance focus on stories that DIMIA has attempted to sweep under the carpet for fear of embarrassment and possible ramifications for DIMIA officers.  As part of our community charter, we will assist law enforcement agencies to make Fraudsters and DIMIA accountable to Australians and the world at large.  We hope our miniscule efforts can make Australia a safer and fairer place for all concerned.
(Parts of this story have been reported in the Guardian Express, Wanneroo Times, Southern Gazette and some others that form part of the Community Newspaper Group based in Western Australia.)

Kanchan Aswani, has accused Federal Immigration authorities of sweeping under the carpet her report of a man who stole her university qualifications in his quest for Australian permanent residency and citizenship.  Kanchan first reported the fraudulent use of her Bachelor and Masters of Commerce degrees to the Department of Immigration nearly three years ago but the Immigration department refuses to tell her what action, if any is being taken.

Ms Aswani, an Australian citizen of Indian origin says her husband’s relative, Mr Haresh Khiyaldas Shivnani (DOB: 02/07/1973) and his wife Hemlata Shivnani (also known as Hemlata Manu Keswani, DOB: 13/06/1975), stole and doctored copies of her degrees to bolster their case of permanent residency.  Haresh Shivnani first entered Australia as a sponsored employee on a temporary residence visa. In the interests of justice, Perth based migration agent, Mr Robert O’Rourke (see O’Rourke’s statement below) has provided us with a copy of Haresh’s permanent residence application that was lodged with DIMIA in November 2002. This includes certified copies of two degrees bearing remarkable similarities to Ms Aswani’s, including the same registration number.

In a letter to Ms Aswani, West Australian State Director of Immigration, Bruce Mackay said privacy regulations prevented him from informing her of “the outcome of any investigation or any action taken”. Ms Aswani said she was outraged.  “What about my privacy?” she said.  “This man stole my qualifications, my identity, and they still won’t tell me what is happening”.  She said she was disappointed by the lack of urgency given to her complaint. 

Ms Aswani said “Haresh Shivnani has uttered threats to the safety of myself and my child and has made silent telephone calls at night.  As a result I sought and obtained a Violence Restraining Order against him. After an interim order, a final order (see below) was made after a three day hearing in court before Senior Magistrate, Mr Malone”.

“I am shocked and amazed how people like this can manage to cheat Immigration and the Australian Government and get Australian residency so easily by merely replacing my name with theirs on the academic credentials,” she said.

“This clearly reflects that Immigration does not have the necessary checks and controls in place.  Genuinely qualified professionals sometimes struggle for months, even years, to get Australian visas and have to pass the rigorous points test to obtain permanent residence, whilst fraudsters like Haresh think they can trick the system by forging academic credentials.  It’s amazing, disgusting and a disgrace to the whole system.”

Although Ms Aswani has provided proof of Haresh Shivnani’s deception – including original documents and statutory declarations – to the Immigration Department, as well as writing to State, Federal and Opposition Immigration Ministers and her local MPs, three years later she is still in the dark. 

Osmania University in Hyderabad, India where Ms Kanchan Aswani obtained her degrees, confirmed in a recent letter (see below) to an Indian corporate that copies of qualifications submitted by Haresh Shivnani in support of his application for a senior management position in the company were fraudulent so how was DIMIA tricked so easily?

Despite obtaining Permanent Residence visas by fraudulent means, Haresh and Hemlata continue to make credit applications for finance to various financial institutions.  Usually, Australian banks will only lend to bonafied permanent residents and citizens.  The attached credit report (see below) is evidence that Haresh has exploited his illegally obtained Permanent Residence status to obtain loans from various lenders. Under the guise of permanent residency, Haresh and his family continue to claim social security benefits and this has been reported to Ken Hubbard of Centrelink, Perth.

According to DIMIA’S website, during 2004-2005 the department received almost 4000 allegations of fraud against its migration and citizenship program, 28 percent of which were identity fraud.  Almost 60 percent of those allegations resulted in visa refusal, cancellation or compliance action.  If evidence of document fraud or provision of false information comes to light, the department can cancel a person’s visa and deport them.



This Verification Certificate dated 4th August 2008 issued by the Controller of Examinations of Osmania University, Hyderabad, India confirms that both the Bachelors in Commerce and Masters in Commerce Degrees used by Haresh Shivnani and Hemlata Shivnani (Keswani) in support of their family's application for permanent residence are fake. It begs the question if DIMIA knew about this or did DIMIA make necessary inquiries of Osmania University about the authenticity of academic credentials before granting them permanent residence visas.



This is a copy of Haresh and Hemlata Shivnani's Permanent Residence Application provided in the interests of justice by Perth based migration agent, Mr Robert O'Rourke. In his application on page 16, Haresh Shivnani falsely states in response to Question 24 that he has completed a Masters of Commerce degree from Osmania University, India and that he has attended University from 1993 to 1997. This application was lodged with DIMIA in Perth in November 2002 and is the basis on which Haresh and Hemlata Shivnani (and their family) fradulently obtained Australian Permanent Resident Visas.



These are copies of fake Bachelor’s and Master’s degrees that Haresh Shivnani used support his application for Australian permanent residence.  Note that apart from names on the degrees, everything including the dates and roll no’s 10193476 and 9496647 on the fake degrees are identical to Kanchan’s authentic qualifications (below). Investigations by private detectives has revealed that Haresh Shivnani completed his primary schooling (i.e. Grade X) from St. Teresa’s High School, Bandra, Mumbai, India and that he has not attended any educational institute that awards tertiary qualifications similar to the fake degrees he purports to hold.


This credit file from Australian credit reporting agency, Baycorp (Aust) Pty Ltd reveals that starting from December 2002, which is about the time Haresh Shivnani lodged his application for Australian permanent residency, he is actively pursuing Australian banks, financial institutions and companies for unsecured loans and credit facilities. Australian lenders will only lend to permanent residents and citizens but Haresh has managed to trick them too and obtained loans based on his fraudulently obtained permanent resident status.


This is the authentic Bachelor’s of Commerce degree that was conferred upon Kanchan Aswani on 18th June 1997 by Osmania University, Hyderabad, India.  She obtained a first class in her examinations.  During the course of her curriculum, her subjects included English, Business Economics, Accountancy, Business Statistics, Banking, Management, Science, Civilization and Hindi.  Originals of her transcripts (mark sheets), degrees and hall ticket have been sighted and are available for anyone to sight.


This is the authentic Master’s of Commerce degree that was conferred upon Kanchan Aswani on 12th February 1998 by Osmania University, Hyderabad, India.  She obtained a second class in her examinations.  During the course of her curriculum, her subjects included Accounting for Management, Managerial Economics, Marketing Management, Financial Management, Human Resource Management, Industrial Economics, Cost Accountancy, Taxation, Labour Economics, Industrial Relations and Business Decisions.  Originals of her transcripts (mark sheets), degrees and hall ticket have been sighted and are available for anyone to sight.


This is Kanchan’s written statement dated 20 September 2005 to DIMIA.  The statement is self explanatory and narrates how she first became aware of Haresh’s forgery and the subsequent chain of events that lead her to report the matter to DIMIA.


Distressed by the lack of action and communication from DIMIA, these are letters written by Kanchan to the Minister responsible for DIMIA, Shadow (Opposition) Minister for DIMIA and her Local MP’S seeking their intervention in the matter and complaining about the tardiness demonstrated by DIMIA.


This is a written statement dated 27th August 2005 of Perth based migration agent Robert Desmond O’Rourke.  Mr O’Rourke is a respected ex-immigration officer who served in Perth’s DIMIA office.  His statement reveals that Haresh Shivnani, in support of his application for permanent residency, presented him with academic credentials that he purported to be genuine.  In this statement, Mr O’Rourke states “Haresh’s application for migration would have been unlikely to succeed but for his assertion of holding the relevant educational qualifications”


This is the written statement dated 30th August 2005 of Perth based printer, Mr Wai Koo of KDP Digital Print. His statement reveals that Haresh Shivnani whom he knew as “Harry” requested him to alter academic qualification by putting another person’s name on the document.  To his credit, Mr Wai Koo refused.


This is a written statement of Ms Darpan Loungani. Darpan and Haresh’s wife, Hemlata were friends.  Her statement reveals that Ms Hemlata Shivnani was aware that Haresh was defrauding DIMIA by using bogus degrees to support their application for permanent residence. Hemlata says “No one would find out.  They (DIMIA) don’t do cross-checks.”


In order to protect herself and her family from physical violence and threats made by Haresh Shivnani, Kanchan applied to the Magistrates Court Perth for a Violent Restraining Order.  The order was granted by Senior Magistrate Malone on 30th August 2005.  This is an authentic copy of the Violent Restraining Order that imposes restraints on the lawful activities and behaviour of Mr Haresh Shivnani.  The order states that Haresh Shivnani who is bound by the order SHALL NOT:

Communicate or attempt to communicate by whatever means with the person protected, enter or remain upon 29/47 City Towers, East Perth, and Challenge Stadium classes or any other premises where the person protected lives or works or be within 20 meters of the nearest external boundary of such premises, approach within 20 meters of the person protected, cause or allow any other person to engage in conduct the type referred to in any of the preceding paragraphs of this order.

OTHER ORDER:

Under Section 68 of the Restraining Orders Act 1997 this order extends to Nirvan Shivnani (DOB: 23/06/2002)

Respondent (Haresh Shivnani) to pay the applicant’s costs in the sum of $6050.00

Terms of the order: Section 14 (1) of the Restraining Orders Act 1997 provides that every violence restraining order includes a restraint prohibiting the person who is bound by the order from – (a) being in possession of a firearm or firearms licence and (b) obtaining a firearms licence unless the court has made an order permitting such possession pursuant to section 14(5).


This is a written statement dated 12 July 2005 of Perth based, Mr Raj Kumar Sharma to West Australian police officer, Mr Calem Nelson.  Mr Sharma’s statement reveals Haresh Shivnani’s indecent behaviour with Kanchan in a public place.  Amongst other evidence, this was one of the statements used in support of Kanchan’s application for a Violent Restraining Order against Haresh.


This is Kanchan’s letter dated 7th December 2005 to Mr Ken Hubbard of Centerlink’s compliance section in Perth.  Kanchan advised Centerlink of Haresh Shivnani’s fraudulently obtained permanent residency.  There was no response from Centrelink to this letter.  Only bonafied permanent residents and citizens are eligible to claim Centerlink and Medicare benefits.  Our research has revealed that Haresh and his family continue to fraudulently claim social security benefits from Centrelink and Medicare at the cost of tax payers and well deserving low income families.


The attached letters to Ms Kanchan Aswani are from the offices of Mr Jose Alvarez, West Australian State Director of Immigration (on behalf of Immigration Minister, Senator Amanda Vanstone); Senator Joe Ludwig, Shadow Minister for Justice, Customs, Citizenship and Multicultural Affairs; and Mr Laurie Ferguson MP, Shadow Minister for Immigration. These letters provide little, if any relief to Ms Aswani’s concerns.
 

What amazes me is the cold response Ms Aswani got from our politicians.  On one hand, the entire Government machinery did everything possible to incarcerate Dr. Andrew Theophanous for alleged breaches of the migration act and on the other; no one seems to care about delivering justice in this case.  Perhaps that’s what politics is all about!

Mark Carruthers
Business Consultant
Perth, Australia

I am shocked how DIMIA could not have done their due diligence at the time of granting him permanent residency.  Looks like this just managed to “slip” through the system.

Con Patniotis
Business Manager
Perth, Australia

If Haresh manages to get away with document fraud, then this case has the potential to damage the credibility of Indian academic qualifications that most of us work so hard to obtain.  It is sad that people like Haresh give Indians a bad name!

Ekta Gurnani
Lawyer
Ahmedabad, India

Haresh has the right to defend himself but how could he? The fact remains that he is not as qualified as he purports to be. To provide false documents or misleading information is a serious breach of the migration act. When the evidence is so glaringly obvious, why hasn’t he been deported from Australia?

Darryl Hunter
Grain Trader
Victoria, Australia

Australia needs to be swept clean of such vermin who defraud and exploit our government at the cost of tax payers. I hope justice prevails and DIMIA wakes up or else this case will set dangerous precedents for people wanting to migrate to Australia.

Janet Ferguson
School Teacher
Adelaide, Australia

Haresh Shivnani worked for my company, Gulflaser Trading in Dubai, UAE for about three years. That he would fall to this extent just to get permanent residency in Australia, is a disgrace!

Ashok Jaisingh
Company Director
Dubai, UAE

I thought our justice system was up to the mark but looks like there are loops holes yet to be plugged. It’s surprising this case hasn’t received the media attention it deserves. Something obviously needs to be done about this man who continues to trick the system.

Antonia Kenezvic
Business Owner
Perth, Australia

In a highly competitive job market, to allow this to continue is gross injustice. To allow Haresh Shivnani to “piggyback” on Ms Aswani’s qualifications and to continue to cheat banks, centrelink, medicare and Australians should not be allowed. DIMIA must act to uphold justice.

Ian Taylor
Export Manager
Sydney, Australia

This is a joke….Haresh and I went to the same school, St. Teresa’s in Bandra, Mumbai. To my vague recollection, he flunked his tenth standard SSC board exams and passed it on second attempt. After that, he was working for some garment manufacturer in Mumbai and then went to Dubai to work for some greeting card shop. Without sounding rude, he doesn’t know the “C” of commerce, let alone holding Bachelors and Masters Degrees! For him to get away with this is unbelievable.

Amit Desai
Civil Engineer
Mumbai, India

Are the West Australian police aware of this case?  With all this evidence, there must be some truth otherwise why would anyone waste their time and money putting all this on a website….regardless, if he is not qualified, what’s he doing in Australia?

John Bradley
Computer Technician
Melbourne, Australia

I am now an Australian citizen and wanted to bring my cousin brother from Iran to Australia but because he did not have any tertiary qualifications, he did not pass the point test set by DIMIA.  If I knew it was that simple to cheat DIMIA, I would have been tempted to do what Haresh has done.  This is totally unfair and I wonder if Haresh had some inside connections in DIMIA to help him with this.

Mohammed Khan
Taxi Owner
Sydney, Australia

We better make him repay his fraudulent debts before he flees or is deported.

Jeremy Buxton
Business Owner
Sydney