What is a Re-Entry Ban or Exclusion Period (PIC4014)?
A re-entry ban, also known as an exclusion period, prevents an individual from being granted a visa to enter Australia for up to three years. It may be imposed when a person breaches their visa conditions and is also known as public interest criteria 4014 (PIC4014).
When will a re-entry ban (PIC4014) apply?
A re-entry ban of 3 years will apply if you leave Australia while holding or have held a Bridging Visa C, D, or E for more than 28 days after your substantive visa expires, due to:
Your visa is cancelled, and you are not holding any substantive visa, due to:
Providing false documents or information to the Department of Home Affairs.
Being considered a risk to the Australian community's health, safety, or good order.
Being convicted of an offence against a Commonwealth, state, or territory law.
Breaching a visa condition (e.g., working while on a visa with a no-work condition).
Failing to maintain appropriate enrolment (for student visa holders).
Being found not to be a genuine temporary entrant (GTE) (for visitor visa holders).
For example, if your substantive visa expired on 1 January 2024, you would become an unlawful non-citizen the next day. To avoid being affected by PIC 4014, you would need to leave before 29 January 2024 (within 28 days after the substantive visa has expired), or obtain a bridging visa before that date and leave Australia on that bridging visa.
Does the Re-Entry Ban Apply to All Visas?
Re-entry bans are primarily imposed on applications for most temporary visas. However, they do not prevent you from applying for a permanent visa; your immigration history may be considered in future immigration decisions.
Can a Re-Entry Ban Be Removed or Waived?
A re-entry ban cannot be removed. However, if you apply for a visa while under a re-entry ban, you may request a waiver so that the ban is set aside for that specific application.
How to request a re-entry Ban to be waived?
To have the re-entry ban considered for removal for a specific visa application, you must:
Write to the Department explaining why the ban should be set aside.
Provide evidence of compassionate or compelling circumstances affecting the interests of an Australian citizen, permanent resident (PR), or eligible New Zealand citizen.
Submit a written explanation to the Department when lodging the visa application. An Accredited Specialist in immigration law should assist you in this matter as the matter is technical and complex. Book a time with one of our 2 Accredited Specialists for professional advice and guidance.
Please note - The Department must be satisfied that there is a strong reason to justify granting a visa before the end of the re-entry ban. If not, your visa application will be refused. Even if the re-entry ban is waived for your visa application, you must still meet all other visa criteria, including health and character requirements.
How to Avoid a Re-Entry Ban?
To avoid a re-entry ban:
Comply with your visa conditions and maintain a valid visa while in Australia.
Be aware of your visa's expiry date and what your visa allows you to do.
Explore alternative visa pathways and do not leave Australia while holding a Bridging Visa C, D, E or unlawful status.
What If You Depart Australia with a Bridging Visa?
A 3-year re-entry ban may apply if you hold or have held a Bridging Visa C, D, or E granted more than 28 days after your substantive visa expires (such as a student visa or tourist visa) and left Australia.
How Can Agape Henry Crux Help You?
If you or someone you know is in a situation and seeking assistance re-entering Australia, contact us at Agape Henry Crux for professional legal assistance. You can book a Migration Planning Session with one of our immigration lawyers or an Accredited Specialist in Immigration Law to seek professional advice by calling 02-8310-5230 or emailing us to book a time at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese, and Malay. If these aren’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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