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Home » Great win for my client and for justice: PIC 4020 – Bogus Documents – Public Interest Criteria 4020 (PIC 4020) – visa refusal – we sue dodgy migration agents

Great win for my client and for justice: PIC 4020 – Bogus Documents – Public Interest Criteria 4020 (PIC 4020) – visa refusal – we sue dodgy migration agents

Bogus documents – Public Interest Criteria 4020 (PIC 4020) – visa refusal – we sue dodgy migration agents.

The client came to us after her visa had been refused – not only refused but completely destroyed by a dodgy fraudulent huckster and a negligent charlatan. The migration agent (from a well known firm) not on was incompetent but tried to hide his incompetence with fraudulent documentation.

As often happens – and over the last 25 years or so I have scene it so many times.  Desperate people get fleeced by scurrilous migration agents.  But to make matters worse, the agent not only takes the client “to the cleaners” – that is takes all the clients money – but they also leave the clients dreams and visa applications in tatters!

This sorry case was no exception.

So I thought in the light of this AAT win and the success of the remittal to the department I would review the concept of Bogus documents and PIC 4020.

The Nuts & Bolts

 

Can’t get no Satisfaction?  Let us help.

I am often approached by clients who have had their visa refused – often at AAT level, consequently I thought I will post this as part of our “nuts and bolts” series

The central issue is Satisfaction – Satisfying Public Interest Criteria 4020 (PIC 4020) is important for your visa application. If PIC 4020 is a requirement of your visa, the Department of Home Affairs (Department) must be satisfied that your identity is correct and that you have not provided false or misleading information in the current or previous visa application.

PIC 4020 Criteria – Department must have evidence!

PIC 4020 covers two key areas:

  • whether fraud has occurred relating to bogus documents and false or misleading information provided in the application for a visa or a visa held in the last 12 months; and
  • whether the Department is satisfied with the applicant’s identity.

It does not matter how the Department becomes aware of the above, whether through the material provided in the application or otherwise. However, the Department must have evidence to support its decision that PIC 4020 is not satisfied. The Department may conduct relevant checks necessary if the above is suspected.

 

Satisfying PIC 4020

Nearly all visa applications must satisfy PIC 4020. The Department of Home Affairs can refuse your visa application if you do not satisfy it. PIC 4020 will apply to all visas in the following subclasses:

  • business;
  • temporary;
  • student;
  • family; and
  • skilled migration.

False or Misleading Information

False and misleading information is any information in the current visa application or relating to a visa held in the past 12 months before application that is either untrue or intended to mislead.

Some examples of false and misleading information include:

  • falsified statements or documents such as work references;
  • answering questions from the Department of Home Affairs incorrectly (e.g. not declaring criminal history);
  • lying about a state of affairs, such as creating a false relationship for a partner visa; or
  • omitting key information.

If you make a typing error, such as your year of birth or your unit number in your street address, this will typically not amount to false or misleading information. Accordingly, you will simply need to explain this when requested.

 

Bogus Document – what is it?

A bogus document is a falsified or fake document in any shape or form. It refers to documents that:

  • were not issued in respect of a person but claim to be;
  • are counterfeit or altered without appropriate authority; or
  • were obtained as a result of a false or misleading statement (whether or not made knowingly).

Examples of bogus documents include:

  • fake passports;
  • birth certificates;
  • false work references;
  • doctored academic transcripts; and
  • photoshopped images.

PIC 4020 is meant to be very broad to capture any document, piece of information, or lack of information in a visa application. If you have provided a bogus document to the Department, you will fail to satisfy PIC 4020, and your visa may be refused. You cannot ‘correct’ this by then providing the correct document.

Consequences of Visa Refusal Under PIC 4020

The Department can ban you from applying for another Australian visa for either:

  • 3 years for false, misleading information and bogus documents; or
  • 10 years for false identity.

In addition, if one of several applicants in an application fails to satisfy the PIC 4020 criteria, the Department will typically refuse to grant a visa to all applicants.

 

Natural Justice Letter

A natural justice letter gives you an opportunity to:

  • comment on the suspected false or misleading information or bogus document; and
  • address whether you believe any grounds apply for a waiver.

The bogus document or false or misleading information should have a quality of ‘purposeful falsity’. Therefore, if you can successfully explain an innocent mistake in a document or information you have provided, you may be deemed to satisfy PIC 4020.

Request a Waiver

If your visa application is refused for not satisfying PIC 4020, you may be subject to an exclusion period of 3 or 10 years. This is effectively known as a non-grant period.

The Minister can waive PIC 4020 in specific circumstances to allow you to apply for another subsequent visa without waiting for the non-grant period to expire. However, the Department can only issue a waiver if it is satisfied with your identity.

To receive a waiver, you must satisfy that there are either:

  • compelling circumstances that affect the interests of Australia. For example, Australia would miss out on a significant economic business if they refused the visa; or
  • compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, such as health issues or minor children involved.

Therefore, the Department must determine that you satisfy one of these criteria, which justifies granting a visa. You will still be required to provide the correct documents and information to obtain the visa.

So if you or anyone you know need legal assistance regarding an Australian visa or  visa application or appeal to the AAT or Federal Court matter talk to us.
Book an initial 30 minute consultation for a flat fixed fee for the initial 30 minutes to discuss your issue with a Master Migration Lawyer.
Also if you feel you were given bad, incompetent migration or visa advice from a “dodgy” migration agent talk to us
Call 03 9614 0218 or email info@arlaw.com.au to make an initial 30 minute consultation at our Melbourne office. (conditions apply)

If you or some one you know feels they did not get what they paid for – feel cheated – talk to us

So if you or anyone you know  feels they have been cheated by a migration agent or did not get what they paid for – or just thinks their agent is not doing a good job- talk to us.
Book an initial 30 minute consultation for a flat fixed fee for the initial 30 minutes to discuss your issue with a Master Migration Lawyer.

 

yusuf khan

I went to a dodgy migration agent for my AAT appeal and I lost the AAT appeal, I went to AR LAW SERVICES: Master Migration Lawyers and Mr Robinson won back all the fees I spent on the dodgy migration agent for the AAT appeal (it was a lot of money!) – so if you feel cheated by a migration agent or you feel you have not got what you paid for I suggest you go nowhere else but AR LAW SERVICES: Master Migration Lawyers they are the best lawyers in town
Other cases:

 

AR LAW SERVICES wins more than $80 000 in compensation for a refugee client from their former dodgy migration agent!

If you or some one you know feels they did not get what they paid for – feel cheated – talk to us

Don’t Get Mad – Get Even! (click on the below link for a short film)

If you or some one you know feels they did not get what they paid for – feel cheated – talk to us

 

So if you or anyone you know has feels they have been cheated by a migration agent or did not get what they paid for – or just thinks their agent is not doing a good job talk to us.
Book an initial 30 minute consultation for a flat fixed fee for the initial 30 minutes to discuss your issue with a Master Migration Lawyer.
Call 03 9614 0218 or email info@arlaw.com.au to make an initial 30 minute consultation at our Melbourne office. (conditions apply)
Note: this update, or any previous updates on this page, do not constitute legal advice and should not be relied upon as such.
Please call our office to seek professional advice before acting or relying on any of the content on this page
Be advised the information appearing on this webpage is of a general nature and not intended to be legal advice – for legal advice contact us and make an appointment.