Public Interest Criterion PIC 4020, more commonly known as PIC 4020, is the Department’s main defence against fraud in visa applications. The objective of PIC 4020 is to make visa applicants responsible for the information they provide, and the integrity of any documents they submit to support their applications. PIC 4020 covers three main types of fraud:
For those found to have breached PIC 4020 for Ground Number 1 or Ground Number 2, they are subject to a 3 year exclusion period from applying for any visa application to Australia. They may also be required to declare their exclusion period in visa applications to other countries. The 3 year exclusion period can be waived and a visa granted during this time if the applicant can demonstrate significant compelling or compassionate circumstances that impact the interests of Australia or an Australian Citizen/Permanent Residence.
For any breached under Ground 3 of PIC 4020, there is a 10 year exclusion period imposed and no waiver is allowed. The most common situation that attracts PIC 4020 on the basis of identity is when identity documents have been changed to allow for an underage marriage in a foreign country; or to conceal the fact that the marriage was allowed despite one of the parties to the marriage being underage and rendering it invalid under Australian Law.
Allegations that a visa applicant has breached PIC 4020 is a very serious situation. A 28 Day period is given to respond to the allegations prior to a final decision being made.
Many innocent individuals get caught in the snare of PIC 4020; many due to over reliance on people assisting with their visa applications resulting in important information not being disclosed. There is protection for these individuals under relevant case law; however this is limited and often requires the case to be very carefully handled at all times. If a visa is refused by the Department, and the refusal is appealed to the Administrative Appeals Tribunal; poorly managed cases often collapse at this stage even if the visa applicant was truly innocent.
It is important to remember that even if you hire a Migration Agent or a Lawyer; you are responsible for the information provided in your application even though it is prepared by someone else. Ignorance or lack of care is not an excuse; however a well prepared case of leniency can be successful.
permanent humanitarian visa
You must have a sponsor when you lodge your application and when you are on this visa.
We must approve your sponsor. There are limitations on approval.
You can’t change your sponsor. The person who sponsors you when you apply for the visa must be same person who sponsors you for 2 years after we grant your temporary 309 Partner visa
If you need to apply for a visa and want the process as smooth of an experience possible, talk with one our Migration Experts. Alongside their expert knowledge about migration laws they will make sure your application goes through quickly so that all eyes can stay on what really matters you.
You can be confident in your decision to get assistance from Parish Patience as an immigration lawyer. Our team of experts will provide you with the best service and advice possible for all visa needs, so don’t hesitate any longer!
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