PIC 4020 – Big Win at the ART – Administrative Review Tribunal Public Interest Criteria – Bogus Documents – visa refusal – Best Migration Lawyers
For over 25 years AR LAW SERVICES: Master Migration Lawyers have been assisting clients with visa problems arising from issues like PIC 4020 – both at first instance and at Appeal.
In my work with migrants, refugees and women/children at risk – I am often confronted by depressing, frustrating and harrowing tales of visa refusal or cancellation: often the cause of these unfortunate events are poorly trained, lazy, careless and negligent migration agents. However this story got my blood boiling to defcon: stroke levels… because it was a case of fraud by an agent!
This case was particularly galling because there was no need for the migration agent to commit this heinous act (true he was motivated by avarice) but to secure the visa his fraud was an unnecessary folly: For the client this was a double tragedy, firstly, no visa but secondly – and more dispiriting – their marriage was reduced to a sham!
The Facts:
The client wish to marry, however they were already married and the country the original marriage was recorded in did not allow divorce. Consequently they sort an annulment.
Having paid a huge sum of money to their migration agent, the annulment papers were produced and the migration agent then applied for the visa. The visa was refused pursuant to PIC 4020.
Bogus documents – the case officer had determined the annulment papers were counterfeit – fake – fugazi!
On closer examination of the file it was clear that the document was “bogus”, but the client swore on “the souls of their children and all the angels and saints in heaven!” that the migration agent committed the fraud independently of the client – the client was innocent!
With our instructs we went to work and discovered the path to justice.
And I am please to say after several years of toil and numerous appearances before the Tribunal, we won the case.
So if you or anyone you know are thinking of applying for an Australia visa or Citizenship, or have had a visa refused or cancelled – talk to us!
So what is PIC 4020 – here we take a deep dive into the Public Interest Criteria 4020
The Nuts & Bolts of PIC 4020
PIC 4020 is a public interest criterion that must be satisfied for certain visa applications. It aims to prevent fraud in identity and history. If an applicant fails to meet the requirements of PIC 4020, their visa application may be refused.
Visas to which PIC 4020 applies include:
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- Visitor visas
- Student visas
- Work visas
- Partner visas
- Other temporary and permanent visa types
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Common reasons for visa refusal under PIC 4020
Visa applications are often refused under PIC 4020 for the following reasons:
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- Fraudulent documents or false information: Providing fake documents, misleading details or intentionally withholding important information, especially regarding an applicant’s identity or criminal history.
- Criminal history discrepancies: Failing to disclose previous criminal convictions or offences that may appear in police records but were not initially reported in the application.
- Failure to meet identity requirements: If an applicant’s identity cannot be satisfactorily verified, or if the details provided are inconsistent with departmental records.
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The Character Requirement and PIC 4020
When assessing whether PIC 4020 is satisfied, an applicant’s responses regarding their criminal history may trigger further investigation, particularly if there is any inconsistency with the Department of Home Affairs’ records.
What constitutes false or misleading information in this context? According to Subsection 4020(5) of the Migration Regulations 1994 (Cth), false or misleading information means:
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- It is false or misleading at the time it is given; and
- It is relevant to any criteria the Minister may consider when deciding on the application, even if the decision is not made based on that specific information.
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In some cases, applicants may declare no criminal history but then provide police certificates showing offences or convictions not disclosed in their application.
Such discrepancies could lead to a referral to the Character Unit, as it may result in the applicant not meeting the character requirement.
If the applicant does meet the character requirement, the Department must then assess whether the information provided was false or misleading at the time it was submitted.
What is considered a Bogus Document?
Section 5 (1) of the Migration Act 1958 (Cth) (‘The Act’) defines a bogus document as a document that the Minister reasonably suspects is a document that:
- 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.
What is Information that is False or Misleading?
Information that is false or misleading in a material particular is defined under The Regulation as:
- False or misleading at the time it is given; and
- Relevant to any of the criteria the Minister may consider when making a decision on an application, whether or not the decision is made because of that information.
Consequences of not meeting PIC 4020
If an applicant fails to meet the requirements of PIC 4020, their visa application may be refused. Additionally, the consequences can extend beyond just one application. A visa refusal under PIC 4020 could lead to:
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- A three-year ban from applying for another visa.
- A negative impact on future visa applications, as any subsequent applications will be assessed with this refusal in mind. It could make it harder to gain approval for future visas.
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So if you or anyone you know has had a visa application refused or cancelled due to PIC 4020 or due to poor or negligent work done by a migration agent or lawyer – talk to US.
Do you feel cheated – didn’t get what you paid for? We sue dodgy (bad incompetent dishonest) migration agents.
For more than 20 years AR LAW SERVICES: Master Migration & Regulatory Lawyers has been winning difficult Administrative Appeals Tribunal (AAT) visa rejection – refusal or cancellation – cases. And URGENT Federal Court appeal Cases. Read more about our expert immigration lawyers and the administrative appeals tribunal or Federal Court System
If your appeal to AAT is unsuccessful AR LAW SERVICES: Master Migration & Regulatory Lawyers may be able to help!
Please watch our short film on appeals from the AAT or IAA to the Federal Circuit Court.
Note well – AR LAW SERVICES: Master Migration Lawyers are a Specialist Crimmigration Law Firm.
