Don’t Do – Fake Documents for Visa Applications
Were you only a few points short of the English test requirements for your visa? Are you missing a few months of work experience? Perhaps you didn’t receive a positive skills assessment. It is always frustrating to fail, particularly if you have no other options to remain in Australia. Although it may be tempting to submit a forged document or to bribe an authority, you should understand that there are severe repercussions for giving a bogus document or false or misleading information as part of your visa application.
What is Public Interest Criteria 4020?
Public Interest Criteria 4020 (or PIC 4020) is a key requirement for most visa applications. Simply put, if you have given false or misleading information or a bogus document in support of a visa application or for another visa you had within the last 12 months, you will find it difficult to be granted a visa for a period of 3 years.
Whilst false or misleading information must be relevant to a criterion considered as part of your visa application, any bogus document given can trigger PIC 4020. The definition of ‘bogus document’ is quite broad, including counterfeit or altered documents and ones that have been obtained by fraud or deception.
Is there a way around PIC 4020?
You may simply choose to wait out the exclusion period; however, if this is not possible, then you will need to apply for a waiver. The Minister of Home Affairs, or a delegate acting under the Minister, can waive the PIC 4020 requirements for an application if there are either:
Compelling circumstances that affect the interests of Australia
Compassionate or compelling circumstances that affect the interests of an Australian citizen, permanent resident or eligible New Zealand citizen
Examples of such circumstances and guidelines as to how they apply can be found under Departmental policy.
What if I submit a fake passport?
Although you should never submit any fake documents in the first place, you should be particularly careful when submitting false identity documents. If you can’t establish your identity with the Department, the exclusion period will instead be 10 years. It is impossible to waive this requirement. Given the seriousness of a 10-year ban, if the Department is not sure of your identity, they will usually send a natural justice letter and give you an opportunity to clarify any confusion.
Can my visa be cancelled?
If your breach of PIC 4020 is not discovered and you are granted a visa, it remains vulnerable to cancellation. Under section 116(1)(aa) of the Migration Act 1958 (Cth), a visa may be cancelled if a fact or circumstance that the grant was based upon had never existed. Additionally, giving false information or a bogus document can result in cancellation under section 109. Although these powers are discretionary, you do not want to face the possibility of cancellation.
How Can Agape Henry Crux Help
Our team has experience with similar PIC 4020 cases. Contact Agape Henry Crux and speak with our Accredited Specialists in Immigration Law for personalised advice on your best next step. The team of immigration lawyers and registered migration agents specialise in handling highly complex matters. You can schedule an appointment with one of our lawyers to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin, and Cantonese. If this isn’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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