It follows discoveries of false information, fake documents, or misrepresentations in visa applications. This page explains what PIC 4020 is, when it applies, and how to respond. Handled by Prateek Maan, Immigration Lawyer.
PIC 4020 requires that the applicant has not provided false information or fraudulent documents in relation to the application, a previous application, or during processing.
Fraudulent documents (fake qualifications, work references, marriage certificates, police clearances). False statements (misrepresenting work history, relationships, identity, immigration history). Bogus documents that are not authentic even if not outright fraudulent.
The current visa is refused. A 3-year bar applies to most visas from the date of refusal. In some cases, the bar is 10 years. The applicant's name is effectively tagged in the Department's system.
PIC 4020 applies to most substantive visa applications, including student, skilled, employer sponsored, partner, and visitor visas. The specific version varies by visa category.
The Department has multiple ways to detect fraud. Some are proactive, some triggered by other matters.
The Department verifies documents with issuing authorities. Fake employment references, qualifications, and police clearances are frequently picked up this way.
In interviews, applicants sometimes give answers that contradict documentation provided. Inconsistencies trigger investigation.
Tip-offs, information from other agencies, and international cooperation can all lead to PIC 4020 investigations.
An applicant's later application may disclose information that contradicts earlier statements. This can trigger review of the earlier matter and retroactive PIC 4020 findings.
PIC 4020 includes a waiver provision. The waiver can be granted where compelling circumstances affect the interests of Australia or compassionate and compelling circumstances affect the interests of an Australian citizen or permanent resident.
Even when a PIC 4020 finding is made, it can be challenged on merits or on legal error grounds.
The visa refusal following the PIC 4020 finding can usually be appealed to ART within 21 days. The ART can review the finding and the refusal.
Sometimes the Department's finding is based on incorrect information. If the document or statement the Department considered fraudulent was actually genuine, that can be proven on appeal.
If ART affirms the finding, judicial review at Federal Court may be possible where legal errors occurred. 35-day deadline.
The Department's position is that applicants are responsible for the content of their applications regardless of who prepared them. This is one reason why using unregistered agents or unregulated intermediaries creates serious risks. Verify your agent is on the MARA register before engaging them.
PIC 4020 matters require specialist legal review. Book with Prateek Maan.
