Table of Contents
- PIC 4020 Criteria
- Satisfying PIC 4020 Criteria
- What is ‘False or Misleading Information’?
- What is a ‘Bogus Document’?
- I Do Not Satisfy PIC 4020 Criteria. What Happens Next?
- What Happens When My Visa Is Refused Under PIC 4020?
- What Can I Do After Receiving a Refusal?
- Rectifying Bogus Documents
- Key Takeaways
- Frequently Asked Questions
Satisfying Public Interest Criteria 4020 (PIC 4020) is important for your visa application. If PIC 4020 is a requirement of your visa, the Department of Home Affairs (the Department) must be satisfied that your identity is correct and that you have not provided false or misleading information in the current or previous visa application. This article will explain PIC 4020 and key considerations before applying for your visa.
PIC 4020 Criteria
PIC 4020 covers two key areas:
- whether fraud has occurred relating to bogus documents and false or misleading information provided in the application for a visa or a visa held in the last 12 months; and
- whether the Department is satisfied with the applicant’s identity.
It does not matter how the Department becomes aware of the above, whether through the material provided in the application or otherwise. However, the Department must have evidence to support its decision that PIC 4020 is not satisfied. The Department may conduct relevant checks necessary if the above is suspected.
Satisfying PIC 4020 Criteria
Nearly all visa applications must satisfy PIC 4020. The Department can refuse your visa application if you do not satisfy it. PIC 4020 will apply to all visas in the following subclasses:
- business visas;
- employer-sponsored visas;
- student visas;
- family visas (partner and parent); and
- general skilled migration.
However, if you are unsure whether PIC 4020 will apply to the specific visa you are applying for, check the Department of Home Affairs page.
Continue reading this article below the formWhat is ‘False or Misleading Information’?
Some examples of false and misleading information include:
- falsified statements or documents such as work references;
- answering questions from the Department of Home Affairs incorrectly (e.g. not declaring criminal history);
- lying about a state of affairs, such as creating a false relationship for a partner visa; or
- omitting key information. For example, if you are applying for a working visa with a sponsor but do not disclose that the sponsor is a relative.
If you make a typing error, such as your year of birth or your unit number in your street address, this will typically not amount to false or misleading information. Accordingly, you will simply need to explain this when requested.
What is a ‘Bogus Document’?
A bogus document is a falsified or fake document in any shape or form. It refers to documents that:
- were not issued in respect of a person but claim to be;
- are counterfeit or altered without appropriate authority; or
- were obtained as a result of a false or misleading statement (whether or not made knowingly).
Examples of bogus documents include:
- fake passports;
- birth certificates;
- false work references;
- doctored academic transcripts; and
- photoshopped images.
I Do Not Satisfy PIC 4020 Criteria. What Happens Next?
Before the Department decides to refuse your visa, they will typically issue you with a ‘natural justice letter’ and request that you respond within the timeframe indicated in the letter. A natural justice letter gives you an opportunity to:
- comment on the suspected false or misleading information or bogus document; and
- address whether you believe any grounds apply for a waiver.
The bogus document or false or misleading information should have a quality of ‘purposeful falsity’. Therefore, if you can successfully explain an innocent mistake in a document or information you have provided, you may be deemed to satisfy PIC 4020.
However, if your response to the natural justice letter does not satisfy the Department, they may still refuse the visa for failing to meet PIC 4020.
What Happens When My Visa Is Refused Under PIC 4020?
If the Department refuses your visa application for not satisfying PIC 4020, the consequences of a visa refusal under PIC 4020 are serious. You may be subject to an exclusion period (this is effectively known as a non-grant period), and the Department can ban you from applying for another Australian visa for either:
- 3 years for false, misleading information and bogus documents; or
- 10 years for false identity.
In addition, if one of several applicants in an application fails to satisfy the PIC 4020 criteria, the Department will typically refuse to grant a visa to all applicants.
What Can I Do After Receiving a Refusal?
After receiving a visa refusal for failing to satisfy PIC 4020, you have several options. We explore these below.
1. Request a Waiver
The Department can waive PIC 4020 in specific circumstances to allow you to apply for another subsequent visa without waiting for the non-grant period to expire. However, the Department can only issue a waiver if it is satisfied with your identity.
To receive a waiver, you must satisfy that there are either:
- compelling circumstances that affect the interests of Australia. For example, Australia would miss out on a significant economic business if they refused the visa; or
- compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, such as health issues or minor children involved.
Therefore, the Department must determine that you satisfy one of these criteria, which justifies granting a visa. You will still be required to provide the correct documents and information to obtain the visa. documents and information to obtain the visa.
2. Appeal the Decision
You may choose to appeal to the Administrative Appeals Tribunal (AAT) to review the decision. The following scenarios demonstrate the possible outcomes concerning the non-grant period.
| AAT Decision | Status of the Non-grant Period |
|---|---|
| AAT upholds the decision to refuse the visa. | The non-grant period will remain in place. |
| AAT sets aside and substitutes the decision and finds that you meet PIC 4020. | The non-grant period will no longer apply. |
| AAT sets aside and substitutes the decision concerning the other refusal criteria but does not address the PIC 4020 aspect of the decision. | The non-grant period continues to apply. |
Rectifying Bogus Documents
What happens if you arrive in Australia on a bogus identity document and want to rectify this before applying for a further visa?
Depending on your circumstances, it is possible to have arrived in Australia on a bogus passport and now require a change in details before applying for a further visa. A mistake may have been made at the issuing authority for your passport, or you may have received some incorrect advice from domestic authorities.
Whatever the circumstance, you will be required to obtain a new passport issued by an agency from your country of origin. In order to do so, you must have identity documents that prove your bona fide details. Any subsequent visa application should be made with the new and correct document rather than the bogus one used to enter Australia.
Furthermore, you should still apply for a PIC 4020 waiver to explain to the Department why the bogus document was used initially.
Key Takeaways
Overall, providing accurate and truthful information is important when applying for a visa. Accordingly, if you provide false or misleading information, the Department of Home Affairs could ban you from applying for another visa for up to ten years. If you do not satisfy the PIC 4020 requirements, you may consider applying for a waiver or appealing the decision to the Administrative Appeals Tribunal.
If you need help with your visa application, our experienced immigration lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
Frequently Asked Questions
PIC 4020 refers to Public Interest criteria relevant to immigration and visas. It is the criterion that must be satisfied before the Department of Home Affairs grants your visa. Accordingly, visas may be refused or cancelled based on PIC 4020.
Yes. Your visa will likely be refused if the Department identifies false or misleading information or documentation. The Department will likely issue a natural justice letter allowing you to explain this. However, whether the Department refuses this will ultimately be up to them.
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