Can I Waive a Public Interest Criteria (PIC) 4013?
Has your visa been cancelled within the past 3 years? If so, there is a chance that you may be excluded from being granted a visa until the 3-year period is overdue to Public Interest Criteria 4013 (PIC 4013).
What is Public Interest Criteria (PIC) 4013?
PIC 4013 leads to a 3-year exclusion period for visa grants following a visa cancellation under certain grounds for cancellation under the Migration Act 1958 (Cth). Such grounds include:
Section 109 – incorrect information
Section 116(1)(d) – incorrect information prior to immigration clearance
Section 116(1AA) – failing to satisfy identity
Section 116(1AB) – incorrect information
Section 133A – Minister’s personal power to cancel under section 109 grounds
Section 128 – under the same ground as section 116(1)(d)
Section 133C – under the same grounds in section 116 as listed above
If your visa was cancelled on one of these grounds, you are affected by a risk factor and are subject to the 3-year exclusion period. Not all visas require you to satisfy PIC 4013, so you should be aware of which visas you can successfully apply for.
Under what circumstances can I get a waiver for PIC 4013?
If you are banned under PIC 4013, it is possible for it to be waived – you will need to demonstrate either compelling circumstances affecting Australia’s interests or compassionate or compelling circumstances affecting an Australian. This waiver will only apply to your current visa application, so any further applications made within the exclusion period will need separate waivers. Although these circumstances are not defined in the law, speak with an Accredited Specialist in Immigration Law to determine whether you can obtain a waiver.
Related: How to Make the Most of Your Consultation with An Accredited Specialist in Immigration Law
What are compelling circumstances affecting Australia’s interests?
Although the exact circumstances considered for each application will differ, policy guidelines can give a general indication of what may constitute compelling circumstances. Examples of compelling circumstances include:
Adverse effects on Australia’s trade or business opportunities
Damage to Australia’s relationship with a foreign government
Missing out on a significant benefit that the applicant could contribute to Australia’s business, economic, cultural or other development if their visa is not granted
Compelling circumstances will typically need to extend beyond ordinary circumstances such as paying taxes or spending money – even if a business interest is affected, this may not necessarily amount to a compelling circumstance.
What are compassionate or compelling circumstances affecting an Australian?
Examples of compassionate or compelling circumstances under policy can include:
An Australian-owned business closing down due to a lack of required specialised skills
The separation of a non-citizen child from an Australian parent
Australian family members needing financial or emotional support from the applicant
As there is no definition of compassionate or compelling circumstances, there will always be scope to argue the merits of each case based on the facts at hand. If you can link the reason for your waiver to either Australia’s national interests or the interests of an Australian citizen or resident, you may be able to bypass PIC 4013.
How Can Agape Henry Crux Assist
If you require any professional assistance in navigating the visa ban (PIC 4013) due to a visa cancellation, contact Agape Henry Crux. Our Accredited Specialist Immigration Lawyers, Immigration Lawyers, and Registered Migration Agents specialise in handling highly complex matters. You may schedule an appointment with one of our solicitors to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.
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.
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