What is PIC 4002 and How Does that Affect My Visa Grant?
You may be familiar with the emphasis on character requirements when diving into the realm of Australian immigration to maintain the safety of the Australian community. Security concerns are addressed through Public Interest Criterion (PIC) 4002 to ensure that individuals applying for a visa do not pose a risk to national security.
What is PIC4002?
PIC 4002 is part of the visa application process that requires a security assessment by the Australian Security Intelligence Organisation (ASIO). Under PIC4002, a visa applicant cannot be granted a visa if ASIO determines that they pose a security threat. This assessment checks for security threats that may include espionage, sabotage, terrorism links and more.
How does ASIO Conduct Security Assessments?
ASIO works in conjunction with the Department of Home Affairs (DoHA), utilising information obtained from visa applications to conduct security checks.
If there are no concerns, ASIO might perform a basic review. However, if potential issues are detected, a deeper investigation may be conducted, possibly involving intelligence checks or even interviews with the applicant.
What are the Possible Outcomes of ASIO's Assessment?
Visa granted as the visa applicant has no security concerns, satisfying PIC 4002.
The visa applicant has raised concerns that might not directly lead to visa refusal. The visa applicant may receive a Notice of Intention to Consider Refusal (NOICR) for their visa application.
ASIO determines that the visa applicant poses a security risk, resulting in the automatic visa refusal under PIC 4002 and may affect future visa applications.
What are the Differences between PIC4001 or Section 501 and PIC4002?
While visa character checks (under PIC 4001 or section 501) examine an applicant's criminal history and behaviour, PIC 4002 specifically addresses national security concerns.
A police clearance with past convictions may affect character tests, but not PIC 4002, unless those convictions are relevant to national security.
Consult with Jason Ling, Accredited Specialist in Immigration Law, for any complex visa concerns, particularly if your visa application may not meet the requirements of PIC4002.
Related:
Character Test: Insights into VACCU’s Decision-Making Process for Your Visa Application
Visa Application in VACCU Processing Longer than Average Time – What Can You Do?
Facing a Character Test Failure Under Section 501? Why You Need an Accredited Specialist
How Can Agape Henry Crux Help
Failing to meet any of the required PICs can affect your visa outcome and impact your future immigration prospects. Speak with our Accredited Specialists in Immigration Law for tailored advice on your next best step. Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling. Our team of immigration lawyers 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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