20 October 2012


The SMH reports that "A Bangladeshi national faces up to 35 years behind bars after being arrested and charged by Australian Federal Police over false identification charges".

Md Mahfuzur Rahman was reportedly charged with
  • being in possession of over $100,000 in the proceeds of crime, 
  • four counts of possessing a false foreign passport (a maximum jail sentence of 10 years),
  • one count of being in possession of false identification (maximum sentence of  five years).
It is alleged he was in possession of a passport stating he was born in 1987. However his fingerprints allegedly match those of a person with the same first and last name but different middle name, born in 1979.

The  brief account provides insufficient information for much analysis and Rahman has of course been reportedly charged rather than convicted, so we can only speculate about the $100k.

Potential precedents for prosecution under s 21 of the Foreign Passports (Law Enforcement and Security) Act 2005 (Cth) for possession of a false foreign passport include Tomov v The Queen [1011] WASCA 189, Nikaghanri v The State of Western Australia [2009] WASCA 192 and Salman v Director of Public Prosecutions (Cth) [2011] NSWCCA 192.