Bogus: PIC 4020

Many visas are subject to "public interest criteria" ("PIC"). PIC 4020 provides a ground to refuse to grant a visa where there is evidence that the visa applicant has given, or caused to be given, a bogus document or information that is false or misleading in a material particular. The scope of PIC 4020 is wider than you think and there is an emerging body of case law on it as well.


It is harsh in its operation (don't get me started) and from 22 March 2014, it's breadth is going to be widened by the Migration Amendment (2014 Measures No 1) Regulation 2014, which is going to add the following to 4020:

1. (2A)  The applicant satisfies the Minister as to the applicant’s identity.

1. (2B)  The Minister is satisfied that during the period:

1. (a) starting 10 years before the application was made; and

1. (b) ending when the Minister makes a decision to grant or refuse the application;

1. neither the applicant, nor any member of the family unit of the applicant, has been refused a visa because of a failure to satisfy the criteria in subclause (2A). 

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