Almost all Australian visa applications are now subject to Public Interest Criterion 4020 (PIC 4020), known as the ‘Integrity PIC’.
The intention of PIC 4020 is to strengthen the integrity of the Australian migration system and dissuade applicants from committing identity fraud or providing bogus documents or false and misleading information in relation to their visa application.
The PIC 4020 Criterion
- Clause 4020(1) requires that there must be no evidence that an applicant has given, or caused to be given, a bogus document or information that is false or misleading in a material particular in relation to:
(a) the application for the visa; or
(b) a visa that the applicant held in the period 12 months before the application was made.
- Clause 4020(2) requires that the Department of Immigration and Border Protection (DIBP) must be satisfied that the applicant and each member of the applicant’s family unit was not refused a visa for failing to meet the requirements of clause 4020(1) during a period starting 3 years before the visa application was made and ending when DIBP makes a decision to grant or refuse the visa.
- Clause 4020(2A) requires the applicant to satisfy DIBP as to their identity.
- Clause 4020(2B) requires that DIBP must be satisfied that the applicant and each member of the applicant’s family unit was not refused a visa for failing to meet the requirements of clause 4020(2A) starting 10 years before the visa application was made and ending when DIBP makes a decision to grant or refuse the visa.
Clause 4020(3) provides that clauses 4020 (1) and (2) apply whether or not DIBP became aware of the bogus document or information that is false or misleading because of information given by the applicant. This means that DIBP can take into account information given by 3rd parties when determining whether PIC 4020 is satisfied. Case law in relation to PIC 4020 also provides that not knowingly (or personally) submitting bogus documents or false or misleading information will still fail to satisfy PIC 4020 if the documents or information have the ‘quality of purposeful falsity’.
Applicants should note that a failure to satisfy PIC 4020 in a visa application will result in the applicant and any secondary applicants (i.e. partner and or children) being unable to satisfy the PIC 4020 criteria for any future visa application (subject to waiver provisions) made within the periods specified in Clause 4020(2) and 4020(2B) respectively.
Can PIC 4020 be waived?
The requirements in clauses 4020(2A) and 2(B) with regard to identity cannot be waived.
However clause 4020(4) provides that the requirements in clauses 4020(1) and (2) in relation to bogus documents and false or misleading information can be waived where DIBP is satisfied that:
(a) compelling circumstances that affect the interests of Australia; or
(b) compassionate or compelling circumstances that affect the interests of an Australian citizen, Australian permanent resident or eligible New Zealand citizen,
justify the granting of the visa.
Clause 4020(2AA) also provides that PIC 4020(2) does not apply if at the time the application for the refused visa was made the applicant was under 18.
Equitas Lawyers experience
Equitas Lawyers has extensive experience assisting visa applicants with PIC 4020 issues at both the Department of Border Protection and the Administrative Appeals Tribunal level. If you have had a visa refused on the grounds of PIC 4020 or require assistance in seeking a waiver of PIC 4020 contact us today on 9228 2881.
