When lodging a visa application, many focus solely on the end goal of a visa approval, without fully appreciating the level of scrutiny the Department of Home Affairs applies to the accuracy of information and documents provided. A key provision applicants often overlook is Public Interest Criterion (PIC) 4020.
PIC 4020 allows the Department of Home Affairs to refuse a visa if an applicant provides false or misleading information or fraudulent documents, or if they fail to satisfy the Department of their identity.
What is PIC 4020?
PIC 4020 plays a critical role across a wide range of visa subclasses and is made up of two key elements:
- Fraudulent or Misleading Information: If an applicant provides a bogus document or information that is false or misleading in a material way, their visa may be refused.
- Identity Requirement: If an applicant cannot satisfy the Department of their true identity, the visa may also be refused.
PIC 4020 also allows the Department to review whether any false or misleading information, or bogus document was provided in a previous visa held, as long as you held the visa within 12 months of lodging your current application. This means if false information or documents were submitted in a previous visa application, even if the visa was approved, this can still result in a refusal of a current application.
Many people mistakenly believe that once a visa is granted, the matter is closed. This is not the case. The Department retains records of all applications and can draw connections between inconsistencies over time. A visa grant does not erase past conduct.
More importantly, when it comes to bogus documents, PIC 4020 can apply even if you were not aware that the document was false. While the decision maker is required to consider whether there is an innocent explanation for the provision of false or misleading information, they are not obliged to establish that you knowingly or deliberately submitted the bogus document. Instead, what matters is whether the document or information possesses the quality of purposeful falsity, regardless of whether you had personal knowledge of that falsity.
Consequences of a PIC 4020 Refusal
A refusal under PIC 4020 carries serious consequences:
- Visa refusal and bar: a refusal under PIC 4020 carries a three-year bar on being granted another visa, or ten-years if the refusal relates to your identity.
- Limited waiver opportunities: Waivers can be difficult to obtain and are generally only available in compelling or compassionate circumstances.
- Ongoing credibility concerns: A refusal under PIC 4020 can seriously damage your credibility and impact future visa applications, even after the bar has expired.
The Importance of Getting it Right
It’s essential to provide full, frank, and accurate information in every visa application, no matter how minor the detail may seem. Omissions, inconsistencies, or outright falsehoods, even if unintentional, can have lasting consequences.
Applicants should:
- Double-check all facts and documents before submission;
- Ensure the legitimacy of the source from which they have obtained documents;
- Be consistent across all applications and dealings with the Department of Home Affairs;
- Seek advice from a Migration Lawyer if there’s uncertainty about how to disclose past issues.
How We Can Help
If you are concerned about information provided in a past visa application, or if you have received a s57 Natural Justice letter (an invitation to respond before a potential refusal), or visa refusal raising PIC 4020 concerns, it is crucial to act quickly and strategically. We can assist in assessing your situation, identifying potential risks, and preparing a response that gives your application the best possible chance of success.