PIC 4020

What is PIC 4020?

Public Interest Criterion (PIC) 4020 is an integrity requirement that applies to most Australian visas, including partner visas. In general terms, the Department can refuse a visa if:

• a bogus document or information that is false or misleading in a material particular was given in connection with the application, or with a visa held in the 12 months before applying; or
• the Department is not satisfied of the applicant’s identity.

It does not matter whether the false information was intentional, or who provided it. Information given by a previous agent, an education provider or an employer can also lead to PIC 4020 concerns.

The consequences

• Refusal of the current application.
• An exclusion period: after a refusal under PIC 4020, you generally cannot be granted many visas for a period, commonly three years. Refusals related to identity can carry a longer exclusion period.
• Effects on family: other people included in the application may also be affected.

Common triggers

• Information that conflicts with an earlier visa application, for example relationship history, previous marriages, travel or employment.
• Documents the Department believes are not genuine, such as employment references, bank statements or qualifications.
• Undeclared previous visa refusals, criminal history or other names.
• English test or skills assessment results the Department questions.

How PIC 4020 concerns are raised: s.57 letters

Before refusing on PIC 4020, the Department usually sends a natural justice letter under section 57 of the Migration Act, setting out the information it has and inviting you to comment within a short deadline. Your response is often the most important document in the case: it is your chance to explain, provide evidence, and show why the information was not false or misleading, or was not material. About s.56 and s.57 letters.

Waivers

For some PIC 4020 situations, the requirement can be waived where there are compelling circumstances affecting the interests of Australia, or compassionate or compelling circumstances affecting the interests of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, such as an Australian partner or child. Identity-related concerns cannot be waived in the same way. Whether a waiver is available, and how strong the case is, depends on the facts.

PIC 4020 and partner visas

Partner visa applications are checked against everything you have told the Department before. Inconsistencies about previous relationships, dates or travel, or documents the Department considers bogus, are a frequent source of PIC 4020 concerns. Because an Australian partner is involved, the waiver may be relevant. Complex partner visas: Schedule 3 and PIC 4020.

How we help

• Before you apply: we review your previous applications for inconsistencies and advise how to address them openly.
• s.57 responses: we analyse the Department’s concerns and prepare a detailed written response with evidence.
• Waiver submissions: where applicable, we prepare written submissions setting out the compelling circumstances.
• After a refusal: we advise on merits review at the Administrative Review Tribunal. ART appeals.

Read our guide: PIC 4020: Navigating allegations of false and misleading information.

Frequently asked questions

I’ve received a letter about PIC 4020. What should I do?

Note the deadline and get advice immediately. Do not respond without understanding exactly what the Department relies on. Extensions are not guaranteed.

The mistake was made by my previous agent. Am I still affected?

Yes, PIC 4020 can apply regardless of who provided the information. How it happened can still be relevant to your response.

Can I apply again after a PIC 4020 refusal?

An exclusion period usually applies, but there may be options, including review or a waiver. Get advice before lodging any new application.

Talk to a Registered Migration Agent

PIC 4020 matters are time-critical. Tatsiana Pustavoit (MARN 1800880) will review the Department’s concerns and your options. Only the Department of Home Affairs can decide a visa application, and no outcome can be guaranteed.