False and Misleading Information - Refused under PIC 4020
Public Interest Criteria (PIC) 4020 prohibits individuals from obtaining a visa for three years if they, or somebody in their family unit, had provided false or misleading information or a bogus document in relation to a visa application. PIC4020 also applies if you gave false or misleading information or a bogus document to obtain a visa 12 months prior to making a new application.
What is false or misleading information for PIC 4020?
False or misleading information relevant to a visa application is considered bogus. Similarly, a bogus document can include not only fake documents but also those obtained through deception.
The giving of any bogus document can jeopardise an application, even if it is not directly linked to the application. PIC4020 extends beyond the visa application itself and can include things such as an expression of interest or a skills assessment for skilled visa applicants.
False or misleading information under PIC4020 would require fraud or deception. The Department of Home Affairs (DoHA) will allow an applicant to correct any honest mistakes within a reasonable amount of time. However, where fraud or deception is involved, PIC4020 can apply even if you do not know about it. That is why it is important to ensure that all of the documents you provide are accurate.
The importance of supplying accurate identity documents
If you provide relevant false or misleading information or a bogus document, you can face a 3 year ban on obtaining a visa. However, if the information or document was relevant to proving your identity, you can face far more severe penalties with a 10 year ban instead. You must also ensure that members of your family unit do not provide false identity documents, as the 10 year ban would also apply to you as the main visa applicant.
Can I get a PIC 4020 waiver?
If you are prohibited from obtaining a visa under PIC4020, you can obtain a waiver from the Minister if you can establish that:
There are compelling circumstances affecting Australia’s interests
There are compelling or compassionate circumstances affecting an Australian citizen, permanent resident or an eligible New Zealand citizen
You can find a list of factors that the Minister will consider under the ministerial guidelines. A waiver will simply allow your application to proceed unaffected by PIC4020. However, it will only apply to that particular application; you will need another waiver if you apply for further visas in the future.
If you fail to establish your identity, you cannot obtain a waiver and will be subject to a mandatory 10-year ban on entering Australia. To avoid this risk, we strongly urge all visa applicants to ensure that all identity documents provided with their application are accurate.
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How Can Agape Henry Crux Help
The process of responding to a NOICR is complex and confusing. Hence, contacting Agape Henry Crux and speaking with our Accredited Specialist Immigration Lawyer(s) for tailored advice and assistance is your best way forward. The team of immigration lawyers and registered migration agents specialise in handling highly complex matters. You can schedule an appointment with one of our lawyers to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. If this isn’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.
