— Public Interest Criterion 4020 (PIC 4020) —
PIC 4020 extends to circumstances where an applicant or a family member of the applicant was previously refused a visa due to their failure to satisfy PIC 4020.
Do not despair, our visa specialists can assist.
What Is The Public Interest Criterion 4020?
A bridging visa A can be applied for, if:
- ● An applicant provides bogus documents or information that is false or misleading in relation to visa application or visa held in the 12 months before the current visa application
- ● The Minister is not satisfied with an applicant’s identity.
PIC 4020 extends to circumstances where an applicant or a family member of the applicant was previously refused a visa due to their failure to satisfy PIC 4020.
Once the visa is refused for failing to satisfy PIC 4020, the applicant would be subject to three (3) year non-grant periods or ten (10) year non-grant periods for future visa applications.
PIC 4020 is extremely serious and we urge you to seek assistance from an immigration lawyer urgently. We have two Accredited Specialists in Immigration Law and a team of Immigration Lawyers and Agents on standby. Please contact our team for assistance.
What Is Considered A Bogus Document?
Section 5(1) of the Migration Act 1958 (Cth) (‘Act’) defines a bogus document as document that the Minister reasonably suspects is a document that:
- ● Purports to have been, but was not, issued in respect of the person; e.g. a document belonging to another person that is presented to the department by the visa applicant as their own
- ● Is counterfeit or has been altered by a person who does not have authority to do so; e.g. digitally altered photos to support claims of relationship or identity, passports or identity cards that have been altered
- ● Was obtained because of a false or misleading statement, whether or not made knowingly. e.g. an English language test result that was achieved by an imposter.
What Is Considered A False Or Misleading Information?
PIC 4020(5) defines ‘information that is false or misleading in a material particular’ to mean information that is:
- ● False or misleading at the time it is given, and;
- ● Relevant to any of the criteria considered when making a decision on an application, whether or not the decision is made because of that information.
Examples of false or misleading information:
- ● False or inaccurate statements or information in a document, application, or declaration
- ● A false or misleading employment reference in support of an applicant’s work experience claims
- ● False or misleading information about a secondary and/or non-migrating dependant’s relationship to the primary applicant
- ● A mistake made by others is not a defence for defeating PIC 4020, even if the mistakes are made by a Migration Agent.
Consequences of PIC 4020
- ● If your visa application was unsuccessful because you did not meet PIC 4020, you will be barred from applying for any other visas in Australia for at least three(3) years.
- ● Your family members, including those that are not migrating will similarly be barred for no less than 3 years from Australia.
- ● Any Australian visas you may hold in future (including permanent residency), will perpetually be subject to visa cancellation as the pecuniary effects are contemporaneous. This leads to deportation from Australia.
- ● Generally, criminal prosecution will follow. This offence carries a maximum penalty of 10 years imprisonment (section 234 of Migration Act).
Can PIC 4020 Be Waived?
PIC 4020 may be waived if the applicant can establish compelling or compassionate circumstances. Whether there are compelling or compassionate circumstances will depend on the circumstances of the individual case.
The Minister may consider that there exist compelling or compassionate circumstances if:
- ● The person could contribute to Australia business, economic, cultural or other development if the person was not granted the visa
- ● There is a minor child who is an Australian citizen, permanent resident or eligible New Zealand citizen residing in Australia who would be adversely affected by a decision not to waive
- ● The applicant’s country of residence is a war zone or the sponsor has been found to be a person to whom Australia owes protection obligations
How Can Our Immigration Lawyers Help
We have two Accredited Specialists in Immigration Law and a team of immigration lawyers and migration agents on standby ready to assist you with your PIC 4020 situation. Please contact our team for assistance.
Don’t wait before it is too late. PIC 4020 is extremely serious and can lead to major consequences. Our experienced team of immigration lawyers and agents are ready to assist you. Contact our team today!