What is Public Interest Criterion 4020 (PIC 4020)?
Understanding PIC 4020: the visa requirement that can make or break your Australian visa application.
What is Public Interest Criterion 4020, and when does it apply to visa applicants?
Public Interest Criterion (PIC) 4020 is a key requirement in almost all Australian visas. PIC 4020 means that you mustn’t provide any bogus documents or false or misleading information in your visa application, and that you can prove your identity is true to the Department of Home Affairs (DOHA).
“The Public Interest Criterion 4020 applies to all visa applicants, however, there are some circumstances where the criterion can be waived,” says Mario Amor, Principal Lawyer at PAX Law and a solicitor member of the Law Society of New South Wales.
Read more about the PIC 4020 waiver below.
What if I don’t meet the PIC 4020 requirements?
If you don’t meet the PIC 4020 requirements, and you haven’t received a waiver, the DOHA may refuse to grant you a visa. This can carry serious consequences, like a ban between three and 10 years from being granted a visa, and a requirement to disclose your failure to meet PIC 4020 on future applications.
If your visa has been refused on grounds of PIC 4020, you might be eligible to appeal for a review with the Administrative Review Tribunal (ART). If you can demonstrate to the ART that you made an innocent mistake in your visa application, rather than purposefully including false or misleading information, then they may decide in your favour that you meet PIC 4020 requirements.
PAX Law can help if you’re facing a PIC 4020 visa refusal
“PIC 4020 is a highly complex part of visa requirements, with potentially serious impacts resulting from failing to meet it,” says Mario Amor, Principal Lawyer at PAX Law and a solicitor member of the Law Society of New South Wales. “A visa refusal on PIC 4020 grounds can trigger a three or ten-year re-entry ban into Australia, and derail your long-term migration plans in Australia.”
PAX immigration lawyers are skilled in understanding how to address PIC 4020 issues that may arise, such as requests for further information (where the DOHA is considering refusing an application on PIC 4020 grounds) and in dealing with the effects of a PIC 4020 refusal in future visa applications and planning your visa pathway.
Our team will prepare a comprehensive submission to the DOHA on PIC 4020 where required, provide you with expert guidance if more evidence is requested and help you navigate your options to appeal your case with the ART in the case of a refusal.
FAQs
Yes, there is a PIC 4020 waiver, which can be granted by the DOHA if they are satisfied that either of the circumstances applies to your application:
- compelling circumstances that affect the interests of Australia; or
- compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand Citizen.
Each case will be considered on its own merits to determine whether compelling or compassionate circumstances exist. It’s important to note that ‘compelling or compassionate circumstances’ must be current (i.e. not something which may occur in the future).
The PIC 4020 exclusion period depends on why you didn’t satisfy the PIC 4020 criteria. You could be barred from being granted any visa that includes PIC 4020. The exclusion periods are for:
- 10 years if the refusal was due to you (or a family member) not satisfying the DOHA as to your identity. This 10‑year ban cannot be waived.
- Three years if the refusal was due to you (or a family member) providing a bogus document or false or misleading information. The PIC 4020 three‑year ban can be waived in certain circumstances.