What is PIC 4020?
Majority of the Australian visas have a “public interest criteria”, also known as PIC 4020, which is a mandatory requirement and it must be satisfied in order for the visa to be granted. Public Interest Criterion 4020 applies to all visas and it allows the Home affairs case officer to refuse a visa application if the visa applicant has
- Provided a bogus document
- Provided information which is misleading or false
- or If the minister is not satisfied with the identity of the applicant based on documents provided.
Most importantly, you will not satisfy PIC 4020 if you have been refused a visa due to PIC 4020 within the last 3 years for false documents or information or 10 years for identity problems
What Is Bogus Document?
This bogus document problem is that if a Department of Home Affairs (DHA) Case officer believes that you have deliberately tried to mislead them. For Instance, providing false documents or paperwork will attract the PIC 4020. Visa applicants do this with the intention to secure a more favorable immigration outcome.
Bogus documents, types of PIC 4020 problems
Bogus Document Definition
A bogus document is a false document. A bogus document is one that looks as though its been issued by someone. When in fact it hasn’t been issued by that person at all or is counterfeit or has been altered in an unauthorized way or has been obtained under false pretences.
False or misleading information in a material particular is defined in Policy as information that is:
(a) false or misleading at the time it is given; and
(b) relevant to any of the criteria the Minister may consider when making a decision
PIC 4020 Approaches For Solving The Problem
1. Migration Act permits notification of incorrect answers
Under the Migration Act, an applicant can provide additional information or correct information provided on the original application up until a such time that a decision is made on the application. You may therefore use this as the basis of your submission.
2. Address the issue as soon as possible
Whether you received a request for further information which identifies false or misleading information, or you realize that incorrect information has been provided, it is important to correct the information as soon as possible. Immi account allows you to file notification of incorrect answers.
3. Provide a statement from the visa applicant
Where a genuine mistake is made, it is best to provide a statement (statutory declaration if possible) from the applicant stating the reasons for providing incorrect information and reasons for not providing correct information in the first instance.
4. Incorrect Information is of no value or not related to the visa application
The argument is that the fact that false documents or materials were provided should be of little or no consequence in the grander scheme of things.
As an Immigration Lawyer, Gondwana Lawyers Pty Ltd is able to represent you at the Tribunal and/or at court. We can help guide you through the entire application process and help you prepare all documents involved, ensuring that documents meet requirements before we lodge your application. We can represent you from start and until a decision is made on your application.
You can book a consultation with us so that our immigration lawyers can assess your eligibility and tailor your application in accordance with your circumstances.
You can book a consultation with us so that our immigration lawyers can assess your eligibility and tailor your application in accordance with your circumstances.
