Bogus documents – PIC 4020- PIC – Public Interest Criteria (PIC) 4020
Waiver in false & misleading: Fraud Cases
The Law:
Public Interest Criterion (PIC) 4020 allows the Minister to refuse a visa if:
-
An applicant provides bogus documents or information that is false or misleading in relation to visa application or visa held in the 12 months before the current visa application
-
The Minister is not satisfied with an applicant’s identity.
PIC 4020 extends to circumstances where an applicant or a family member of the applicant was previously refused a visa due to their failure to satisfy PIC 4020.
Once the visa is refused for failing to satisfy PIC 4020, the applicant would be subject to three (3) year non grant periods or ten (10) year non-grant periods for future visa applications.
Bogus Documents: AR LAW wins Another AAT PIC 4020 “visa refusal” Appeal Case.
Bogus document?
Section 5(1) of the Migration Act (Cth) (‘Act’) defines a bogus document as document that the Minister reasonably suspects is a document that:
-
Purports to have been, but was not, issued in respect of the person;
e.g. a document belonging to another person that is presented to the department by the visa applicant as their own
-
Is counterfeit or has been altered by a person who does not have authority to do so;
e.g. digitally altered photos to support claims of relationship or identity passports or id cards that have been altered
-
Was obtained because of a false or misleading statement, whether or not made knowingly.
e.g. an English language test result that was achieved by an imposter.
What is considered a false or misleading information?
PIC 4020(5) defines ‘information that is false or misleading in a material particular’ to mean information that is:
-
False or misleading at the time it is given, and
-
Relevant to any of the criteria considered when making a decision on an application, whether or not the decision is made because of that information.
EG>
-
False or inaccurate statements or information in a document, application, or declaration
-
A false or misleading employment reference in support of an applicant’s work experience claims
-
False or misleading information about a secondary and/or non-migrating dependant’s relationship to the primary applicant
-
A mistake made by others is not a defence for defeating PIC 4020, even if the mistakes are made by a Migration Agent.
TAKE NOTE – PIC 4020 may lead to:
-
If your visa application was unsuccessful because you did not meet PIC 4020, you will be barred from applying for any other visas in Australia for at least three(3) years.
-
Your family members, including those that are not migrating will similarly be barred for no less than 3 years from Australia.
-
Any Australian visas you may hold in future (including permanent residency), may be impacted. This leads to deportation from Australia.
-
Generally, criminal prosecution will follow. This offence carries a maximum penalty of 10 years imprisonment section 234 of the Act
Talk to us – we may be the solution to your problems!
And Remember – if you are in this position because of your agent…
WE SUE DODGY (Fraudulent, dishonest bad) agents
If you or some one you know feels they did not get what they paid for – feel cheated – talk to us
If you or some one you know feels they did not get what they paid for – feel cheated – talk to us
