PIC 4020 and False Information: Can You Recover from a 10-Year Ban?
Facing a visa refusal under Public Interests Criterion (PIC) 4020 due to false or misleading information or documents can have severe consequences, including a potential 10-year ban on applying for further Australian visas. This can be a nightmare situation for those who wish to enter or continue to stay in Australia, as it may lead to an unlawful status.
What is PIC 4020?
PIC 4020 is designed to ensure that all visa applicants provide truthful, accurate and complete information in their information and supporting documents. Suppose an applicant is found to have submitted false or misleading information or documents. In that case, their visa may be refused, and they may face a visa ban of up to 3 years or 10 years in certain circumstances.
What are the Consequences of a 10-year Ban?
Suppose the visa applicant provides false identity information or documents (e.g., a fake passport or ID). In that case, this will prevent the Department of Home Affairs (DoHA) from locating this individual.
You may receive a Natural Justice (S57) letter from DoHA, which will provide you with a limited timeframe to respond.
If your visa is refused immediately, a 10-year ban will be imposed on you, and it is impossible to obtain a waiver once the ban is imposed.
What Can You Do If You Received a Notification from the Department for PIC 4020?
If you have received a Natural Justice (S57) letter from DoHA, you will have to:
Review the decision thoroughly to understand the reason for the visa ban being imposed.
Consult with an Accredited Specialist in Immigration Law as soon as possible, as you may have a limited time to respond to DoHA. They can provide professional insights into whether the PIC 4020 ban can be addressed through a waiver.
Obtaining a waiver can be complicated; therefore, we suggest engaging with an immigration lawyer to assist with the technical aspects of the matter, ensuring the response is strengthened by relevant legislation and case law.
Related:
How Do I Respond to a Public Interest Criterion 4020 (Fraud or Bogus Documents) Issue?
How Public Interest Criteria (PIC) 4020 Impacts Your Future Visa Applications?
Am I Barred from Returning to Australia? Special Return Criteria 5001/ 5002/ 5010
How Can Agape Henry Crux Help
Being subject to a 10-year ban under PIC4020 is a serious matter. If you are in this scenario, planning for a strategic visa pathway today can save you time, money and stress tomorrow. At Agape Henry Crux, you have the option to speak with one of the two Accredited Specialists in Immigration Law – Jason Ling or Angela De Silva for personalised advice on your next best step. The 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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