Tackling Public Interest Criteria 4020
The Publich Interest Criteria 4020, commonly known as PIC 4020, is a deadly obstacle to be faced with and is extremely difficult to overcome. To refresh your memory, PIC 4020 enables the Department to refuse a visa if an applicant provides a bogus document or information that is false or misleading in relation to their application, and the visa applicant may not be granted with any other visas for another three or ten years.
However, there are certainly ways to waive the three-year bar as a result of not meeting pic 4020 if the visa applicant could demonstrate “compassionate or compelling circumstances that affect the interests of an Australian citizen, permanent resident or eligible New Zealand citizen”.
Such grounds were demonstrated in the case of Singh v Minister for Immigration and Anor[2], where the applicant’s previous application for Subclass 485 visa application was refused on the basis that he claimed a skills assessment from the TRA as a cook. The Applicant claimed that the Subclass 485 visa application had been made on his behalf by his migration agent without his knowledge or consent. The Applicant later withdrew his application for merits review of that refusal.
WHY DID THE TRIBUNAL DECIDE TO WAIVE PIC 4020?
The Visa Applicant subsequently lodged the Partner Visa application within the 3-year period after the Subclass 485 has been refused.
Fortunately for the applicant, the Tribunal supported the grant of a waiver of PIC 4020 as it found that the Australian Sponsor in the Partner Visa Application had drug and alcohol problems. The Tribunal was satisfied that if the Applicant was to be refused of the Partner Visa Application as a result of not meeting PIC 4020, the sponsor would suffer psychological and material hardship.
The Tribunal considered the close bond held between the Visa Applicant and the Sponsor AND concluded that the emotional attachment was not relevant to assessing whether there were compassionate or compelling circumstances justifying the grant of a waiver of PIC 4020.
When the Visa Applicant appealed the AAT decision to the Federal Circuit Court of Australia, one of the judges ruled that “not only is the emotional attachment between parties to a relationship something that cannot be excluded from an assessment as to whether compassionate or compelling circumstances exist, but it is indeed highly relevant.”[3]
ALTERNATIVE WAYS TO DEAL WITH PIC 4020
No PIC 4020 matter will ever be the same, so when dealing with PIC 4020 in general, it is important to first verify whether the information provided to the Department is false or misleading. For example, claiming false work experience to obtain a work visa in Australia may provide an unforgiving result from the case officers. However, misinterpreting a question on the visa application form and then providing a correct information post lodgement may not necessarily be viewed as a PIC 4020 issue.
Following this, you can either decide to proceed with the application or withdraw your application from processing. However, if you decide to proceed, you may wish to follow some suggestions below as a simple guidance:
1. When you are subjected to PIC 4020, you will receive a letter from the Department asking you to provide additional or correct information based on the information provided on the original application.
2. It is important that you address or correct the false or misleading information immediately, most preferably in a statutory declaration form stating the reasons for providing incorrect information and reasons for not providing correct information.
3. Use your judgment when deciding to whether risk proceeding with the application.
If the application is still refused, you will be banned for three years from making further application unless you can satisfy the PIC 4020 waiver.
How Can We Help You
Encountering a PIC 4020 issue is always a difficult fence to pass through. At Agape Henry Crux, our lawyers are highly-trained and have dealt with a number of PIC 4020 issues successfully, so simply call one (02)-7200 2700 of our lawyers on or email us to book in a time at info@ahclawyers.com.
We also speak fluent English, Mandarin, Cantonese, Indonesian, Spanish and Malay. If these aren’t your language, we can also help you arrange an interpreter.
References:
[1] Department of Home Affairs
[2] [2017] FCCA 2461 (12 October 2017)
[3] Ibid.