How Public Interest Criteria (PIC) 4020 Impacts Your Future Visa Applications?
You may have been warned against submitting false or misleading information as part of your visa application, but do you know what the consequences actually are? If there is evidence that you have given false or misleading information or a bogus document, your future visa applications may fail due to Public Interest Criteria 4020 (PIC 4020).
What is PIC 4020?
PIC 4020 essentially means that if you have given any false information about any criteria for a visa, you will not be able to successfully be granted a visa for 3 years. The information does not necessarily need to even have been considered by the delegate when granting your visa. The scope of PIC 4020 is quite broad as it encompasses information given to the Administrative Review Tribunal (ART), a skills assessing body, a Medical Officer of the Commonwealth, and information directly in your application. It can also cover false information connected to a previous visa held in the last 12 months. If you have lied about your identity in particular, the consequences are far harsher, as you may be subject to a 10-year ban instead.
Which visas can I apply for that don’t require PIC 4020?
There are not many visas for which satisfying PIC 4020 is not a requirement. The main ones are visas for former permanent residents, such as a Former Resident (Subclass 151) visa or a Resident Return (Subclasses 155 and 157) visa. As these visas require you to already have been a permanent resident, they likely won’t apply to your circumstances.
Otherwise, you can apply for a humanitarian visa such as a Refugee (Subclass 200), Protection (Subclass 866) visa, or one of the many others. Realistically, if you are affected by PIC 4020 and you do not plan on applying for a humanitarian visa, you will need to seek a waiver.
How can I apply for a waiver for PIC 4020?
If you are barred by PIC 4020 for reasons other than failing to prove your identity, you can apply to have the 3-year ban waived for your application. This waiver will only apply to that particular application. A waiver will only be granted if you can prove that there are:
Compelling circumstances affecting the interests of Australia
Compassionate or compelling circumstances affecting the interests of an Australian citizen or permanent resident
What are compassionate or compelling circumstances?
As there is no fixed definition, the facts of each individual case will need to be considered by delegates. However, we can look at policy guidelines to get a better understanding of how they will assess your situation. Examples of compelling circumstances affecting Australia’s interests include:
Adversely affecting Australia’s trade or business opportunities
Damaging Australia’s relationship with a foreign government
Missing out on a significant business, economic, cultural or other benefit if the visa is not granted
Compassionate circumstances can include considering the interests of Australian children affected by a decision or the need for you to care for an Australian with health issues. There are many different reasons you can give to establish compassionate or compelling circumstances, and we highly suggest that you engage with an Accredited Specialist Immigration Lawyer who specialises in Immigration Law to assist with your complex circumstances.
How Can Agape Henry Crux Help
Our team have a wealth of experience in dealing with similar PIC 4020 cases. Hence, contacting Agape Henry Crux and speaking with our Accredited Specialist Immigration Lawyer(s) for personalised advice 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, and Cantonese. 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.
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