What is PIC 4020?
According to the Australian Government, visa applicants must prove their identity by providing true information within their visa application. If an applicant submits a ‘bogus document’, or information that is false and misleading, then they risk having their application refused for failing to satisfy the Public interest Criterion (PIC) 4020.
Submitting a ‘bogus document’ can be an inconvenient mistake that could potentially put your visa application in hot water. Fortunately, PIC 4020 does not always spell disaster and can be resolved, or even entirely avoided, by getting professional advice and assistance.
When does PIC 4020 apply?
Recently, a visa applicant that had applied for a Skilled (Provisional – Subclass 485) visa was flagged by the Tribunal, which found that that the visa applicant had submitted ‘bogus documents’. According to the case, the visa applicant had submitted work references to the TRA (Trades Recognition Authority) as evidence of her employment as a cook at a restaurant and had also claimed that she had worked over 900 hours at the restaurant. After reviewing the application, the AAT determined that the information she had provided in her visa application was confusing and contradictory. The Tribunal had found that the list of employees that were given in the visa application, which identified those that worked at the restaurant, did not include the visa applicant’s name. The visa applicant argued that her name had not been included in the list of employees, due to a ‘falling out’ that had occurred between herself and the restaurant owner. This reasoning was deemed insufficient by the Tribunal and as a result was not accepted.
After the case was reviewed in Federal Court, the Judge ruled that it was open to the Tribunal to not accept the applicant’s account of the missing information, as ‘credibility findings are a matter par excellence for the MRT’. The Judge was not prepared to contradict the Tribunal’s findings, which found that the work references given by the applicant and submitted to the TRA were ‘bogus documents’.
When reviewing this aspect of the case, it is easy to see how hard it is to convince the Federal courts to overrule the AAT in relation to “adverse credibility findings”. Fortunately, there is one circumstance that can be used to overturn AAT’s conclusions, in relation to PIC 4020.
How can PIC 4020 be waived?
As Immigration Lawyers Brisbane know, Department is given the right to ‘waive’ the application of the PIC 4020 under particular circumstances that are seen to affect the interests of Australia, an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen (Subclause 4020(4)(a)(b)).
In the case described above, the Tribunal failed to engage in an “active intellectual process” when considering the evidence given by the applicant. The Tribunal decision did not go beyond considering the evidence that was given by the applicant, when she was arguing why PIC 4020 should be waived. AAT’s conclusion was made “without intelligible justification” and therefore it could be argued that there was a “jurisdictional error” in the case.
The evidence given by the applicant, when attempting waive the PIC 4020, was that she had a new partner that was an Australian citizen, whom she had been living with for a month and that her partner would be ‘unhappy’ if her visa application was refused. Other evidence given referred to her current job in Australia, as a restaurant manager and how she was able to hire and fire staff.
This evidence was recited by the Tribunal during the Court Case, who also stated that the reasons given by the applicant did not meet the requirements needed to waive PIC 4020. The Tribunal also argued the PIC 4020 ruling should not be waived, as the applicant did not provide examples of compelling circumstances that affect the interests of Australia, or an Australian citizen (Subclause 4020(4)(a)(b)).
Upon reviewing the case in Federal Court, the Judge reflected that the Tribunal did not engage in an ‘active intellectual process”, as they did not explain why it had reached its’ decision. The Tribunal did not give reasons as to why the applicant had failed to provide compelling circumstances that may warrant a waiver for PIC. Instead, the Tribunal simply re-stated the applicants’ written evidence and concluded their argument by asserting that the evidence given did not show that there were compelling circumstances.
The Judge found that the Tribunal’s failure to analyse the evidence, in an active intellectual process and give sufficient justification, was ‘unreasonable’ and was therefore considered jurisdictional error. The Judge decided that the best course of action for this particular case was to have it remitted through the Tribunal for re-evaluation.
This is great news those that are looking to submit a visa application in Australia and are worried about PIC 4020. In circumstances, where the AAT simply recite evidence and then come to a conclusion without reasonable justification, it is recommended that you seek professional advice in order to refute the AAT’s claim. If your visa is refused, it is very important that the decisions made by the AAT are reviewed thoroughly by an Immigration Lawyer Brisbane.
What visas are affected by PIC 4020?
The majority of visa options in Australia are processed according to PIC, including:
– Skilled Migration Visas
– Temporary Visas
– Student Visas
– Family Visas
– Business Visas
Will PIC 4020 affect my future visa applications?
If your visa application has been refused due to providing bogus documents, or information that is misleading or false, then the Department of Home Affairs might not grant you a visa for a period of three years.
If your visa application has been refused because of a failure to provide satisfactory evidence that details your identity, then you may not be granted a visa by the Department for a period of ten years. If you need help collecting evidence to support your visa application, then you should seek professional assistance from Immigration Lawyers Brisbane.
Luckily, you are still allowed to create a new visa application, even if your visa has been refused under PIC 4020! Find out how by getting in touch with the best Immigration Lawyers in Brisbane at Results Migration.
If you need assistance or advice with your visa application, Results Migration are the best in the field, with a team of experienced migration lawyers and registered migration agents that are available to guide you through this complex area of law. Call Results Migration on 1800 808 717 or email us on [email protected] and book your free consultation today!
