As the Australian Government moves to tighten Australia's borders from unlawful migration there are more people being affected by Public Interest Criterion 4020 (PIC 4020). Almost all Australian visa applications are now subject to PIC 4020, known as the ‘Integrity PIC’. The intention of PIC 4020 is to strengthen the integrity of the Australian migration system and prevent applicants from committing identity fraud or providing bogus documents or false and misleading information in relation to their visa application.
A PIC 4020 can be issued if a DIBP Case Officer believes that you have deliberately tried to mislead the Department. For example, by using fake documents (ie. Bank Statements, Employment Contracts etc.) The immigration Department is aware that false documents are often provided to them. Visa applicants do this with the intention to secure a more favorable immigration outcome but in most cases it does not work.
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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.
If you have found yourself affected by a PIC 4020 there can be many consequences affecting not just your current application but also any future applications.
Have you been refused a Tourist or Partner Visa due to using unreliable services or an inadequate visa application? We are here to help you solve the problem.
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 have not heard of you working there.
The requirements in clauses 4020 (2A and 2B) with regard to identity cannot be waived. However, if the Department has determined that you have provided bogus documents or false or misleading information or (where that visa includes PIC 4020 as part of the criteria), you can only apply for a waiver if you provide reasons why the visa should be granted.
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 have applied for a new visa.
How can IST Migration help you in PIC 4020 case?
If your visa hasn't been refused yet, our Lawyer and Migration Agent Hanh Ho 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, you do have review rights, we can apply to the Administrative Appeals Tribunal on your behalf, prepare submission letters and help you determine the best evidence of your claims and represent you at the review hearing. Call Migration Agent and Lawyer Hanh Ho on (+61) 04 06 888 639.