As stated, this is false. ND can qualify with 9 wins only if they are ranked in the top 6, or if a non-BCS conference team qualifies by being ranked in the Top 6. Both are unlikely. Since they are independent, ND has to qualify as an at-large team. There are only two at-large spots since 6 spots automaticly go to conference champs (including the Big East). This implies that a 9-win ND is at least as deserving as a non-BCS team qualifying. Additionally, every year there is a conference champion with 3-4 losses that gets an automatic bid. ND's schedule compares favorably to any typical schedule of the conference champions. This rule is fair.
In order to be fair, the rule would have to apply to all independents. But, it applies only to the Irish.