How Public Interest Criterion (PIC) 4020 can affect your Visa Application to Australia

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How Public Interest Criterion (PIC) 4020 can affect your Visa Application to Australia


 

Public Interest Criterion (PIC) 4020 is a criterion that attaches to a number of visa subclasses.

If PIC 4020 is part of the criteria for the particular visa you have applied for you must satisfy PIC 4020 in order to be granted your visa.

Since 2011, PIC 4020 has enabled refusal of a visa if an applicant provides a bogus document or information that is false or misleading in relation to their application.

On 22 March 2014, concurrent with the introduction of the new identity requirement, PIC 4020 will be re-badged as the ‘integrity’ PIC.

Visas affected by PIC 4020

If you have applied for any of the following visas, you must satisfy PIC 4020:

skilled migration
business
temporary visas
student visas
family visas.

New requirement – identity

From 22 March 2014, new provisions will be added to the current PIC 4020.

As part of this new requirement you must satisfy us of your identity to be granted a visa.

This requirement is not subject to a waiver. If you are refused a visa because you do not meet PIC 4020 on identity grounds, another visa that includes PIC 4020 as part of the criteria will not be granted to you for a period of 10 years after refusal.

This means if we are not satisfied of your identity:

your visa might be refused;

and

if it is refused on that basis, you cannot be granted another visa (where that visa includes PIC 4020 as part of the criteria) for 10 years.

This requirement applies to visa applications lodged on or after 22 March 2014 and all visa applications made, but not finally determined before 22 March 2014.

Members of the family unit

If your visa is refused because you did not satisfy us of your identity, anyone who has you listed as a member of their family unit will also be refused. These family members will also be prevented from being granted another visa (where that visa includes PIC 4020 as part of the criteria) for 10 years.

Bogus documents or information that is false or misleading

PIC 4020 also relates to the provision of bogus documents or information that is false or misleading. Visa applicants must not provide bogus documents or information that is false or misleading in a material particular with their visa application.

Your visa application might be refused, if you or any of the members of your family unit:

provide a bogus document or information that is false or misleading as part of your current visa application

or

previously provided a bogus document or information that is false or misleading in relation to a visa that you held in the 12 months before making your current application.

If your visa application for Australia is refused because you or any of the members of your family unit provide bogus documents or information that is false or misleading in a material particular, you might be prevented from being granted a visa for three years.

Included family members

If your visa is refused because you provided a bogus document or information that is false or misleading, anyone in your application who has you as a member of their family unit might also be refused. These family members might also be prevented from being granted another visa for three years.

Chance to comment

If you are unable to satisfy us of your identity, or your application includes a bogus document or false or misleading information, we will notify you and ask you to provide comments within a specified time period.

If you have provided a bogus document or false or misleading information, but you think you should be granted a visa regardless, you should comment on whether there are any circumstances that would justify granting you the visa.

Review rights

If your visa application is refused, you might have the right to have the decision reviewed by the Migration Review Tribunal. We will advise you what review rights are available to you if your visa application is refused.

Future visa applications

If you are refused under PIC 4020, you can make a new visa application for Australia but the following conditions will apply:

  • if you have not left Australia since your application was refused and you do not hold a valid visa, you can only apply for certain specified visas listed in Form 1026i Limitations on applications in Australia
  • if you are in Australia or outside Australia and hold another visa (besides a Bridging visa) you can make a new visa application.

However, you will not be granted another visa (where that visa includes PIC 4020 as part of the criteria) if you have been refused a visa in the last 10 years because you have not been able to satisfy us as to your identity.

NOTE The identity requirement is not subject to a waiver.

If you have been refused a visa for providing a bogus document or information that is false or misleading in the last three years and you apply for a new visa (where that visa includes PIC 4020 as part of the criteria), you must provide reasons why the visa should be granted.

These reasons must be either:

compelling circumstances affecting Australia

or

compelling or compassionate reasons affecting an Australian citizen, permanent resident or eligible New Zealand citizen.

Source DIBP

November 16, 2014