What is a Re-Entry Ban or Exclusion Period (PIC4014)?
A re-entry ban, also known as an exclusion period, prevents a person from returning to Australia for up to three years. It may be imposed when a person breaches their visa conditions and is also known as public interest criteria 4014 (PIC4014).
When will a re-entry ban (PIC4014) apply?
A re-entry ban will apply if:
Your visa is cancelled due to:
Providing false documents or information to the Department of Home Affairs.
Being considered a risk to the Australian community's health, safety, or good order.
Being convicted of an offence against Commonwealth, state, or territory law.
Breaching a visa condition (e.g., working while on a visa with a no-work condition).
Failing to maintain appropriate enrolment (for student visa holders).
Being found not to be a genuine temporary entrant (GTE) (for visitor visa holders).
Does the Re-Entry Ban Apply to All Visas?
No, re-entry bans are primarily imposed on applications for temporary visas. However, they do not prevent you from applying for a permanent visa, although your immigration history may be considered in future immigration decisions.
Can a Re-Entry Ban Be Removed?
A re-entry ban cannot be removed. However, if you apply for a temporary visa while under a re-entry ban, you may request that the ban be set aside for that specific application.
How to request a re-entry Ban to be waived?
To have the re-entry ban considered for removal for a specific visa application, you must:
Write to the Department explaining why the ban should be set aside.
Provide evidence of compassionate or compelling circumstances affecting the interests of an Australian citizen, permanent resident, or eligible New Zealand citizen.
Submit a written explanation to the Department when lodging the visa application. An Accredited Specialist in immigration law should assist you in this matter as the matter is technical and complex. Book a time with one of our 2 Accredited Specialists for professional advice and guidance.
Please note - The Department must be satisfied that there is a strong reason to justify granting a visa before the end of the re-entry ban. If not, your visa application will be refused. Even if the re-entry ban is waived for your visa application, you must still meet all other visa criteria, including health and character requirements.
How to Avoid a Re-Entry Ban?
To avoid a re-entry ban:
Comply with your visa conditions and maintain a valid visa while in Australia.
Be aware of your visa's expiry date and what your visa allows you to do.
What If You Depart Australia with a Bridging Visa?
If you have continuously maintained a valid visa while in Australia, a re-entry ban will not apply. However, a 3-year re-entry ban may apply if you hold or have held a Bridging Visa C, D, or E granted more than 28 days after your substantive visa expires (such as a student visa or tourist visa).
How Can Agape Henry Crux Help You?
If you or someone you know are in a situation and seeking assistance re-entering Australia, contact us at Agape Henry Crux for professional legal assistance. You can book a Migration Planning Session with one of our immigration lawyers or Accredited Specialist in Immigration Law to seek professional advice by calling 02-8310-5230 or email us to book in a time at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese, and Malay. If these aren’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.