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5Oct

PIC4020 - THE FRAUD CRITERION

By Migration Agent | 5 Oct 2016

Public interest criterion (PIC) 4020 allows for the refusal of a visa if the applicant provides a bogus (fraudulent) document, or information that is false or misleading in a material particular in relation to the application for the visa, or in relation to a visa that the applicant held in the period of 12 months before the application was made. It also allows refusal where the applicant fails to satisfy the decision maker as to their identity.

There are legal provisions that also allow for a visa refusal where the visa applicant or a member of their family were previously refused a visa due to these requirements.

  • If the visa applicant or a member of their family unit was previously refused a visa under PIC 4020 because they provided bogus documents or false or misleading information. This refusal must have occurred between the 3 years before the current application was made and the time of decision on the current application.
  • If the applicant or a member of their family unit was previously refused a visa under PIC 4020 because they failed to satisfy as to identity. The refusal must have occurred between the 10 years before the current application was made and the time of decision on the current application.

If you are subject to a PIC4020 refusal and apply for another visa for which PIC 4020 is a criterion, you may not be able to satisfy the PIC for a period of three years, if you provided false or misleading information or a bogus document, or ten years if you failed to satisfy DIBP as to your identity.

The Department of Immigration have discretion to waive the requirement in PIC 4020(1)(a) and/or 4020(1)(b) and discretion to waive the three year requirement in PIC 4020(2) if certain preconditions are met. Those preconditions can be met if the delegate is satisfied that compelling circumstances that affect the interests of Australia, or compelling or compassionate circumstances that affect the interests of an Australian citizen, permanent resident or eligible New Zealand citizen justify the grant of a visa.

If a visa application is refused under PIC 4020 due to your inability to satisfy the delegate as to your identity they will be ineligible for visa grant for a period of 10 years. There is no waiver of the identity requirements conducted by the Department.

It is in your interest that if you are subject to a PIC4020 refusal that you contact a highly experienced Registered Migration Agent or Australian Immigration Lawyer who can help navigate these complexities.

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