Public Interest Criterion 4020 (PIC 4020) and Visa Refusal based on PIC 4020
What is PIC 4020?
Public Interest Criterion 4020 applies to all visas and it allows the DIBP 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 are the consequences of PIC 4020 visa refusal?
• You will not be granted an Australian visa for 3 years if you have had a visa refused or cancelled due to bogus documents or false/misleading information. In extreme circumstances this can be waived, but this is not an easy process.
• If you failed PIC 4020 due to not being able to prove your identity, you will not be granted an Australian visa for 10 years.
• Your partner/spouse will also be barred from receiving Australian visas during the ban period
What if you get a letter from the Department saying they think you have failed PIC 4020? What if your visa is refused?
If the Department thinks you have provided false information or bogus documents, or if there is a problem with your identity, they will send you a letter informing you of this and asking you for a response. It is important to respond as this is your first opportunity to explain yourself and provide extra documents to prove that you were telling the truth.
If your visa is refused and you are in Australia or are applying for a sponsored visa, you may have review rights. If you do have review rights and believe that the decision was wrong, then it is important to go to review as it is the only wait to fight a PIC 4020 decision.
Many innocent people are caught by PIC 4020 every year. It might be as simple as ticking the wrong box on a form or a new secretary at a previous employer telling the Department that they haven't heard of you working there.
How can Red Earth Migration help you in PIC 4020 cases?
If your visa hasn't been refused yet, we can respond to the Department on your behalf and help you put your case to them in a strong and cohesive way that has the best chance of success.
If your visa has been refused and you have review rights, we can apply to the Administrative Appeals Tribunal on your behalf, prepare submission letters, help you determine the best evidence of your claims and represent you at the review hearing.
We provide same day responses on urgent matters
►Free Assessment of your case
►Urgent matters – same day response (Weekends, after hours as well)
►Always available to answer your queries (Phone, Email, In person)
►All services under one roof (Document certification, attestation, true copy etc)
►We do all the paperwork including helping you write letters, submissions, explanations etc
►A professional and supportive team working from a conveniently located office
Please book a consultation with one of our migration experts who will give you an indication of possible outcome and process involved.