Why Public Interest Criterion 4020 (PIC 4020) Hurts
The Department added this relatively recent criterion to punish anyone who attempts to deceive immigration authorities. It’s the “gotcha!” criterion.
PIC 4020 is a mechanism to inflict hurt on devious individuals and to deter those who may wish to “try things on” with departmental case officers.
The Department grants every visa if you meet the requisite criteria.
PIC 4020 issue is just another criterion you need to satisfy. It is a criterion applicable to 99% of visas for Australia.
“4020” is a public interest criterion and sits in the same category as other public interest criteria like health criteria.
PIC 4020 can be said to relate to one’s character but the character criteria is a separate requirement applicable to the grant of most visas.
So pic 4020 is not the same as the character requirement.
The rationale for PIC 4020 is that it’s in the public interest to promote honest dealings with the department and to punish those who seek to deceive the Department.
If you provide false or misleading information or you provide a bogus document in respect of an application you’ll be called out on it. That’s the “gotcha!” moment.
Section 57 Natural Justice Letter Response Strategies
You might argue that the material provided is not in fact false or misleading anyway.
You might also argue any document provided is in fact a genuine document, despite the department’s concerns.
Or you might argue that the alleged infringement referred to in the department’s letter, lacks sufficient materiality. Your response here would be along the lines of “so what?”
You might argue that the document was not provided by you but rather by an agent without your authority. This would mean that you would have to establish that the agent committed fraud on you.
Of course, if you are caught with your pants down then you’ll need to come clean and explain yourself very quickly.
The strategy here would be to argue that even though you are guilty of attempting to deceive the Department, your infringement ought to be overlooked because your circumstances fall within exemptions or waiver provisions within PIC 4020.
Sometimes the Minister maybe provides an opportunity to overcome the PIC 4020 problem within the visa criteria itself, for example in the case of partner visas.
Section 57 Natural Justice Letters
When you are called out on trying to deceive Immigration, this usually occurs through what is known as a “section 57” invitation to comment letter.
You’ll have an opportunity of coming clean. This is the essence of the s57 letter. You are given time to comment on adverse information.
Bogus Document Definition
A bogus document is a false document. A bogus document looks as though it has been issued by the right person or authority 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.
What is Bogus? What’s Fake? What’s not?
“Bogus” is defined in Australian migration legislation. The definition of bogus and a bogus document is broader than you and I may have expected. Do not be surprised that what the Department may think is bogus does not equate to what you might consider bogus.
A bogus document problem arises when an Immigration Officer suspects that you have deliberately tried to mislead them by providing them with a document that is not genuine. For example by using fake documents or fake paperwork.
The Department is acutely aware that false documents or false paperwork are often provided to Immigration so that applicants can then meet criteria to enable the grant of a favourable immigration outcome.
Many visa applicants will act fraudulently to secure a more favourable immigration outcome. There are many reasons why normal people will do abnormal things to circumvent immigration laws.
Sometimes it will be deliberate, sometimes it will be inadvertent. Sometimes it will be a mixture of deliberate and inadvertent. Whatever the circumstances and whatever the rationale, a bogus document is a bogus document.
For example, consider if your parents used an intermediary to “prepare” a primary school leaving certificate with information that was untrue or if they arranged for a document to be created or issued by someone other than your school. If your school leaving certificate was then used to study at university and also to obtain a passport, it raises two questions.
Is your hard-earned University Certificate bogus?
Is your passport bogus?
Yes. And Yes. Both the document that you would receive as evidence of completion of university studies, as well as the passport issued by your country of origin, are considered bogus or fake documents.
PIC 4020 Approaches To Fixing The Problem
Did you, in fact, mislead Immigration? If the Department of Home Affairs alleges that you provided false documents or statements, you can pursue two approaches.
The first approach is to challenge the allegation made by the DHA and clarify that you in fact provided NO false documents or statements, within the meaning of PIC 4020. There are strict deadlines so you 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.
PIC 4020 – Public Interest Criteria Fixing The 4020 Problem?
I’m an immigration lawyer who looks at lots of PIC 4020 “invitation to comment” letters and “4020 visa refusals” each week.
Public Interest Criteria 4020: You Are Not Alone
PIC 4020 affects many many visa applicants. It’s an easy shot for the Minister or Minister’s Delegate (aka case officer) to take. It’s potentially fatal for you. The Department can deal PIC 4020 even if you are innocent or negligent about information in your visa application.
But as they say, “it is not all over until it’s over”. If you’ve let yourself down, or someone has lodged the wrong documents on your behalf, then talk with me.
I can’t help everyone affected by PIC 4020. I’ll explain whether it’s possible to turn any actual or likely PIC 4020 decision around. We’ll discuss how to make the best of a bad situation.
Many immigration lawyers or so-called experts will offer to tackle this problem for you. But be careful! It’s not a problem for the faint-hearted. (You know this already because of the bad feeling in your stomach since Immigration recently contacted you about your case).
… it may need more than simple legal skills to properly resolve. You’ll need a good problem solver on your side, who understands the depth and breadth of the PIC 4020 clause. That person must be someone who can explain what has happened in your case, clearly and logically.
Most of all – your immigration lawyer’s explanation needs to be credible.
You may find it very useful to verify your next immigration lawyer has been successful with a PIC 4020 case.
This is where I can help. I handle many cases, and I get to consider many many “invitation to comment letters” and PIC refusals. I’ll help you avoid a further negative decision if it’s possible.
Public Interest Criteria 4020: Expert Help
Have case officers already flagged your application as affected by 4020?
Or have you already received a notice disguised as an “invitation to comment”? This is a wolf in sheep’s clothing. Tread carefully!
Call me to discuss how we can help.
More about Bogus Documents.
PIC 4020: Essential To Know Before Consultation
“Before” visas
Please answer all of these questions above again in respect of every member of your family unit and let me know whether any of your answers are different.
What visas (“the before visas”) did you hold in the 12 months immediately before making an application for the pending visa?
Did you provide any bogus document in relation to the application for any of the “before visas” including any application you may have made to a skills assessing authority or to a medical assessor or an English language assessor?
Or did you provide any false information in relation to the application for any of the “before visas” including any application you may have made to a skills assessing authority or to a medical assessor or an English language assessor?
Did you provide any misleading information in relation to the application for any of the “before visas” including any application you may have made to a skills assessing authority or to a medical assessor or an English language assessor?
Did you provide any incorrect answer in relation to the application for any of the “before visas” including any application you may have made to a skills assessing authority or to a medical assessor or an English language assessor?
“Pending” visa application
Please answer all of these questions above again in respect of every member of your family unit and let me know whether any of your answers are different.
Did you provide any bogus document in relation to the application for the “pending visa” including any application you may have made to a skills assessing authority or to a medical assessor or an English language assessor?
Or did you provide any false information in relation to the application for the “pending visa” including any application you may have made to a skills assessing authority or to a medical assessor or an English language assessor?
Did you provide any misleading information in relation to the application for the “pending visa” including any application you may have made to a skills assessing authority or to a medical assessor or an English language assessor?
Did you provide any incorrect answer in relation to the application for the “pending visa” including any application you may have made to a skills assessing authority or to a medical assessor or to an English language assessor?
How many members are there in your family unit? How many are adults and how many are under 18 years of age?
