Visa Refusal Due to a Breach of Public Interest Criterion (PIC) 4020 for Providing False Information

To protect the interests of lawful migrants to Australia, the Australian government has implemented strict measures to prevent illegal migration. As a result, many people have been subject to Public Interest Criterion 4020 (PIC 4020), also known as the “Transparency PIC.” PIC 4020 is a regulatory requirement designed to ensure transparency and clarity in Australia’s migration system, and to prevent illegal activities such as identity fraud or the submission of fraudulent documents or misleading information during the visa assessment process. PIC 4020 applies to most types of Australian visas today.

You may be subject to PIC 4020 if the Department of Home Affairs finds that you have intentionally provided false information or fake documents to mislead or defraud during the visa process. The Department is aware that sometimes counterfeit documents such as qualifications, employment contracts, financial records, etc., are used to increase the chances of migration. However, these actions rarely succeed and usually create more trouble for the applicant.

What is Public Interest Criterion (PIC) 4020?

To apply for a visa, you must comply with PIC 4020; otherwise, your application will be refused. This criterion requires you to:

• Not use any fraudulent documents
• Not provide any false or misleading information
• Prove your identity based on the documents you provide

If you breach PIC 4020, your visa application will be refused. You will also be ineligible to apply for a visa if you have breached PIC 4020 due to false documents or information within the past three years, or due to identity issues within the past ten years.

Consequences of Visa Refusal Due to a Breach of PIC 4020

PIC 4020 can have serious consequences, affecting not only your current visa application but also reducing your chances of success with any future applications. It may also result in longer processing times for subsequent applications, and you would need to provide detailed explanations for the previous misleading information. It is important for you to fully understand this criterion and how to avoid breaching it.

Specific consequences include:

• You will be banned from entering Australia for three years from the date of visa refusal or cancellation. Exemptions may be considered only in exceptional circumstances, but this process will be difficult and complex.
• If you cannot prove your identity as required under PIC 4020, you will be banned from applying for any Australian visa for ten years. This applies to all types of Australian visas.
• Your partner/spouse will also be unable to apply for an Australian visa during your exclusion period. This means you will not be able to live with your loved ones in Australia.

What to Do If You Receive a Letter From the Department of Home Affairs Regarding PIC 4020

The Department will contact you by letter if they find any discrepancies in the information or documents you have provided, or if they have concerns about your identity. You must respond to this letter promptly and accurately as it is an important opportunity to explain and provide further evidence of your honesty.

If you are in Australia or applying for a Sponsored visa and get refused, you may apply for a review of your application. This is your right if you believe the refusal decision was unreasonable. Requesting a review is very important to protect your legal rights under the law.

Exemptions from PIC 4020

You cannot bypass the identity requirements under PIC 4020 (paragraphs 2A and 2B). However, if the Department of Home Affairs determines that your visa application is affected by PIC 4020 due to inaccurate information, you may apply for a waiver with supporting evidence as to why the visa should be granted.

These reasons must be compelling and demonstrate a benefit to Australia or evoke compassion for an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. This also applies if you have been refused a visa in the past three years due to fraudulent documents or false/misleading information and are now applying for a different visa.

Assistance from HTE Law Group

If the Department of Home Affairs notifies you that your visa may be refused, the HTE Law Group legal team is ready to assist. We can respond to the Department on your behalf to protect your interests and prepare a thorough and convincing response. If your visa is refused, we are ready to represent you in an appeal to the Administrative Appeals Tribunal and present the strongest possible evidence to protect your legal rights. Please contact our immigration law office at (+61) 1300 833 789 for a free consultation.