PIC 4020 is an integrity measure which is designed to prevent fraud within the visa migration programme. Public interest criteria 4020 allows the minister to refuse a visa if the applicant provides bogus documents or information that is false or misleading in relation to a visa application or visa held.
What is Bogus Document?
Some examples of bogus document are as follows:
- A document belonging to another person that is presented to the department by the visa applicant as their own.
- A document that has been altered by a person who does not have the authority such as digital altered photos to support claims of relationship.
- A document obtained by false or misleading statement such as English language test that was achieved by an imposter.
What is Bogus Document?
Examples or false or misleading information are as follows:
- False or inaccurate statements or information in a document, application, or declaration.
- A false or misleading employment reference in support of an applicant’s work experience claims.
- False or misleading information about a secondary and or non-migrating dependant’s relationship to the primary applicant.
- A mistake made by others is not a defence for defeating PIC 4020, even if the mistakes are made by a Migration Agent.
It is important to note that a typographical error where an incorrect street address or birth date for a child is included in an application would likely not be false or misleading in a material particular under PIC 4020 (as noted in policy but be aware that this is not binding on the Department).
What happens if the Department suspects that PIC 4020 has not be satisfied?
The Department of Home Affairs will conduct further investigations to establish whether to refuse your visa application due to the inability to meet PIC 4020. As part of this process, you will be notified in writing, and will have the opportunity to comment on this matter (which you must also do in writing). This is called a ‘natural justice’ letter.
What happens if you fail to satisfy PIC 4020 on the basis of a bogus document, or false or misleading information?
If the Department determines that you do not meet PIC 4020 on this basis, it will refuse to grant your visa application. As a result of failing to satisfy PIC 4020, you will also be unable to be granted a further visa for a period of 3 years from the date of refusal.
Disclaimer:
The information in this blog is general. It does not constitute, and should be not relied on as, legal advice. We tries to ensure that the content of this information is accurate, adequate or complete, it does not represent or warrant its accuracy, adequacy or completeness. We are not responsible for any loss suffered as a result of or in relation to the use of this information.
