Immigration Law

Received natural justice letter regarding PIC 4020?

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What is PIC 4020?

The Department of Home Affairs may refuse your visa application for failing to satisfy Public Interest Criterion (PIC) 4020 if you, or any of the members of your family unit:

Do not satisfy the Department as to your identity
Provide bogus documents or information that is false and misleading in your visa application
Immigration Law

What are the consequences if I fail to satisfy PIC 4020?

3-Year Non-grant Period

The Department might not grant you a visa (which has PIC 4020 as a criterion) for a period of 3 years if you, or a member of your family unit, have a visa application refused due to providing bogus documents or information that is false and misleading.

10-Year Non-grant Period

The Department might not grant you a visa (which has PIC 4020 as a criterion) for a period of 10 years if you, or a member of your family unit, have a visa application refused because of a failure to satisfy the Department as to your identity.

Fail to satisfy PIC 4020?
We might be able to save your visa!

Frequently Asked Questions

PIC 4020 is a requirement that you must satisfy for a wide range of visa types, including:

  • Skilled migration visas
  • Business visas
  • Temporary visas
  • Student visas
  • Family visas

Bogus document refers to a document that the Minister reasonably suspects:

  • purports to have been, but was not, issued in respect of the person;
  • is counterfeit or has been altered by a person who does not have authority to do so; or
  • was obtained because of a false or misleading statement, whether or not made knowingly.

Examples of bogus documents include:

  • Fake passport or ID card
  • Fake birth certificate
  • Fake official transcripts
  • Fake marriage certificate

False or misleading information means any information provided in visa application that is not genuine or is intentionally misleading.

Examples of false or misleading information include:

  • Fake work reference
  • Wrong answers to the Department’s questions
  • Fake relationship statement
  • Missing out important information

As long as you can satisfy the Department of your identify, you may apply for waiver if either one of the following circumstances exist:

  • Compelling circumstances that affect the interests of Australia; or
  • Compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen that justify the granting of the visa.

The term is not defined in the migration provisions. Below examples are provided in the policy:

  • If the visa is not granted, Australia’s trade or business opportunities will be adversely affected;
  • If the visa is not granted, the relationship between Australia and another country may be damaged;
  • If the visa is not granted, Australia may miss out on a significant benefit that the visa applicant could have contributed to business, economic, culture or other development.

Such circumstances must directly affect an Australian citizen, permanent resident or eligible New Zealand citizen.

Here are some factors that the Department may consider:

  • The applicant’s child is in Australian, and is an Australian citizen, permanent resident or eligible New Zealand citizen. If the visa is not granted, the child will be adversely affected;
  • If the visa is not granted, it will cause significant health or welfare issues to an Australian citizen, permanent resident or eligible New Zealand citizen; or
  • If the visa is not granted, the visa holder will not be reunited with his/her immediate family members.
compensation Law

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