PIC 4020: Consequences of Fraud in a Visa Application

PIC 4020 (Public Interest Criterion 4020) is Australia’s legal provision dealing with the consequences of providing false or fraudulent information in a visa application. It is one of the most serious PICs because the consequence is not only a visa refusal but also a ban on lodging an application for three years.

What PIC 4020 Provides

PIC 4020 applies where a visa applicant has provided fraudulent information, produced a bogus document, or concealed material information from the Department of Home Affairs (DHA) within the 3 years before the date of the current visa application.

If PIC 4020 is breached, the DHA must refuse the current visa application. In addition, the person may be banned from applying for a visa for three years (the exclusion period).

Conduct That Breaches PIC 4020

Providing fake evidence (qualifications, employment contracts, invitation letters)
Making false declarations about a criminal record
Failing to declare a family member
Concealing a previous visa refusal
Providing fabricated employment documents
Using an agent or migration agent to create a fraudulent application

Consequences When a Breach Is Found

While the visa application is being processed:

Refusal of the current visa application (mandatory under the law)
A 3-year ban on lodging from the date of refusal

After a visa has been granted:

Cancellation of the visa held (including permanent residence)
Removal from Australia
In many cases: a permanent ban on entering Australia

Criminal:

Providing fraudulent information to an immigration authority is a criminal offence in Australia and can attract imprisonment.

Does an Innocent Mistake Trigger PIC 4020?

PIC 4020 can apply to an innocent mistake in some cases. However, the DHA usually distinguishes between:

Fraudulent misrepresentation: Intentional — the full consequences of PIC 4020 apply
Innocent error: An unintentional mistake — the DHA may allow an explanation and the chance to provide the correct information

If you find a mistake in an application already lodged, you should proactively notify the DHA through a migration agent before the DHA discovers it.

The Risk From Unscrupulous Agents

In many cases a visa applicant does not know that their migration agent has created a fraudulent application. Although “not knowing” is a mitigating factor, the applicant still bears the consequences of PIC 4020.

Only work with a Registered Migration Agent (RMA) validly registered with OMARA (the Office of the Migration Agents Registration Authority). Check on the OMARA website.