Public Interest Criterion 4020

PIC 4020 enables refusal of a visa if an applicant provides a bogus document or information that is false or misleading in relation to their application, or if the Minister is not satisfied of an applicant’s identity.

If PIC 4020 is part of the criteria for the particular visa you have applied for you must satisfy PIC 4020 in order to be granted your visa.

Visas affected by PIC 4020

If you have applied for any of the following visas, you must satisfy PIC 4020:

  • skilled migration visas
  • business visas
  • temporary visas
  • student visas
  • family visas.

Identity requirement

PIC 4020 requires that you satisfy us of your identity to be granted a visa (where that visa includes PIC 4020 as part of the criteria).

If we are not satisfied of your identity your visa may be refused.

This requirement applies to visa applications lodged on or after 22 March 2014 and all visa applications made, but not finally determined before 22 March 2014.

Non-grant period

If your visa is refused under PIC 4020 because you did not satisfy us of your identity, you may not be granted a visa for a period of ten years (where that visa includes PIC 4020 as part of the criteria).

Waiver

There is no waiver available for the identity requirement or the ten year non-grant period.

Members of your family unit

If your visa is refused because you did not satisfy us of your identity, anyone who has you listed as a member of their family unit will also be refused. These family members will also be prevented from being granted another visa (where that visa includes PIC 4020 as part of the criteria) for ten years.

Bogus documents or information that is false or misleading

Visa applicants must not provide bogus documents or information that is false or misleading in a material particular with their visa application.

Your visa application might be refused, if you or any of the members of your family unit:

  • provide a bogus document or information that is false or misleading as part of your current visa application
    or
  • previously provided a bogus document or information that is false or misleading in relation to a visa that you held in the 12 months before making your current application.

Non-grant period

If your visa application is refused because you or any of the members of your family unit provide bogus documents or information that is false or misleading in a material particular, you might be prevented from being granted a visa for three years.

Waiver

If we are considering refusing your visa because we believe you have provided bogus documents or false or misleading information or (where that visa includes PIC 4020 as part of the criteria), you must provide reasons why the visa should be granted. These reasons must be either:

  • compelling circumstances affecting Australia
    or
  • compelling or compassionate reasons affecting an Australian citizen, permanent resident or eligible New Zealand citizen.

This also applies if you have been refused a visa for providing a bogus document or information that is false or misleading in the last three years and you apply for a new visa.

Members of your family unit

If your visa is refused because you provided a bogus document or information that is false or misleading, anyone in your application who has you as a member of their family unit might also be refused. These family members might also be prevented from being granted another visa for three years.

Chance to comment

If you are unable to satisfy us of your identity, or your application includes a bogus document or false or misleading information, we will notify you and ask you to provide comments within a specified time period.

Review rights

If your visa application is refused, you might have the right to have the decision reviewed by the Administrative Appeals Tribunal. We will advise you what review rights are available to you if your visa application is refused.

Future visa applications

If you are refused under PIC 4020, you can make a new visa application but the following conditions will apply:

  • if you have not left Australia since your application was refused and you do not hold a valid visa, you can only apply for certain specified visas listed in Form 1026i Limitations on applications in Australia (48KB PDF)
  • if you are in Australia or outside Australia and hold another visa (besides a Bridging visa) you can make a new visa application.

If you have been refused a visa for providing a bogus document or information that is false or misleading in the last three years and you apply for a new visa (where that visa includes PIC 4020 as part of the criteria), you must provide reasons why the visa should be granted. These reasons must be either:

  • compelling circumstances affecting Australia
    or
  • compelling or compassionate reasons affecting an Australian citizen, permanent resident or eligible New Zealand citizen.

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