Bogus Documents Fixing The PIC 4020 Problem
This bogus document problem is that a DIBP Case Officer believes that you have deliberately tried to mislead them. For example by using fake documents or fake paperwork. Immigration is aware that false documents or false paperwork are often provided to them. Visa applicants do this with the intention to secure a more favourable immigration outcome.
Bogus Documents, Types of PIC 4020 Problems
There are two types of bogus documents that result in a Public Interest Criteria 4020 problem.
The first type relates to deception in terms of “identity”, and the second type relates to the deception of other facts like skills, health, character and most commonly, work experience.
Bogus Document Definition
A bogus document is a false document.
A bogus document is one that looks as though its been issued by someone. When in fact it hasn’t been issued by that person at all or is counterfeit or has been altered in an unauthorised way or has been obtained under false pretences.
PIC 4020 Approaches To Fixing The Problem
Did you, in fact, mislead Immigration? If the DIBP alleges that you provided false documents or statements, you can pursue two approaches.
The first approach is to challenge the allegation made by the DIBP and clarify that you in fact provided NO false documents or statements, within the meaning of PIC 4020. There are strict deadlines so must act quickly to take this approach.
The second approach is to argue that even if that was the case (i.e. you, in fact, had provided false documents or materials), the nature and extent of the circumstances are such that PIC 4020 is nevertheless met. The argument is that the fact that false documents or materials were provided should be of little or no consequence in the grander scheme of things. The interests of Australian citizens and permanent residents may also be relevant in some cases.
PIC 4020 Consequences – So What?
Those refused a visa because they are suspected of providing bogus documents or false or misleading information in the three (3) years before they lodge a visa will need to provide reasons as to why the visa they have applied for should be granted.
Especially, if they must satisfy the PIC 4020 criterion as part of the visa application. Most visas now have this criterion.
2 April 2019 Update
Meaning of “Interests of Australia” PIC 4020 – Bogus Documents
Latest win in the AAT on PIC 4020. https://www.sbs.com.au/
Case relates to issue of bogus documents.
Learn: Be careful who you ask back home to get visa documents for your Australian Immigration application in order!
For questions about PIC 4020