Can I Face Multiple Public Interest Criteria (PIC) Issues at Once?

When applying for an Australian visa, meeting the specific criteria for your visa subclass, such as work experience or relationship status, is only half the battle. Every applicant must also satisfy the Public Interest Criteria (PIC). These overarching legal requirements protect the Australian community and cover health, character, security, and past immigration compliance.

A question applicants ask is: Can I be hit with multiple PIC issues at the same time?

Yes, in fact, it is incredibly common for one immigration mistake to trigger a domino effect, resulting in the Department of Home Affairs (DoHA) alleging multiple PIC breaches simultaneously. When this happens, your visa application becomes exponentially more complex to defend.

Some Common PIC Overlap Scenarios

Certain behaviours or circumstances tend to trigger multiple PIC failures at once. Here are the common ways these criteria collide, depending on the visa applicant's circumstances:

1. The Fraud and Character Collision (PIC 4020 + PIC 4001)

PIC 4020 deals with providing bogus documents or false and misleading information.
PIC 4001 is the character test.
The Scenario: If an applicant provides a forged police clearance certificate to hide a past criminal conviction, the Department may strike them under both PIC 4020 (for the fake document) and PIC 4001 (for failing the character test due to the undisclosed criminal record).

2. The Unlawful Non-Citizen Trap (PIC 4014 + PIC 4020)

PIC 4014 applies a 3-year ban to individuals who leave Australia as unlawful non-citizens or on certain bridging visas (BVC, BVD, or BVE).
The Scenario: An applicant overstays their visa and leaves Australia without holding a substantive visa, triggering the PIC 4014 exclusion period. Desperate to return, they apply for a new visa and lie about their travel history to hide the overstay. The Department discovers the lie, triggering PIC 4020 on top of the existing PIC 4014 ban.

3. Past Cancellations and Health Issues (PIC 4013 + PIC 4005/4007)

PIC 4013 imposes a 3-year ban if you have had a previous Australian visa cancelled.
PIC 4005/4007 relates to meeting the health requirement.
The Scenario: An applicant previously had a student (Subclass 500) visa cancelled for failing to attend classes (PIC 4013). Years later, they apply for a partner visa but have since developed a medical condition that carries significant costs for the Australian healthcare system (PIC 4007). They must now overcome both hurdles.

What are the Consequences of Multiple PICs?

The most dangerous aspect of facing multiple PIC issues is the legal threshold for approval. You must satisfy every single PIC attached to your visa subclass.

If the Department issues a Natural Justice (S57) letter alleging three separate PIC breaches, successfully defending or obtaining a waiver for two of them is not enough. If you fail to overcome the third, the Department will refuse your visa.

Can You Get Waivers for Multiple PICs?

Some PICs have waiver provisions. This means the Department can legally forgive the breach if you can demonstrate compelling, compassionate, or exceptional circumstances affecting an Australian citizen, permanent resident (PR), or eligible New Zealand citizen.

However, not all PICs are waivable:

Waivable: PIC 4020 (fraud) can be waived. PIC 4007 (health) is waivable. PIC 4013 and PIC 4014 (visa bans) can be waived in specific circumstances.
Strictly Non-Waivable: PIC 4005 (the standard health criterion) has no waiver provision whatsoever. If you fail it, the visa is refused.

When seeking waivers for multiple PICs, you must present a separate, robust legal argument to address each criterion. The case officer must be convinced that the compelling circumstances are strong enough to justify waiving each PIC. Engage with an experienced Accredited Specialist in Immigration Law for professional guidance and advice.

Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.

How Can Agape Henry Crux Help

Prompt legal advice, supported by clear evidence and an understanding of review and intervention options, can improve your chances of a positive outcome. Consult with one of our Accredited Specialists in Immigration Law – Jason Ling or Angela De Silva for tailored advice on the best course of action. Our team of immigration lawyers specialise in handling highly complex matters. You can schedule an appointment with one of our lawyers for professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.

Our founder and principal lawyer, Jason Ling, is recognised in the 2026 edition of The Best Lawyers in Australia™. Agape Henry Crux is named as Best Immigration Law Firm 2025 - Sydney by APAC Insider Awards.

We speak fluent English and Mandarin. 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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