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Public Interest Criterion 4020 (PIC 4020)

Public Interest Criterion 4020 applies when the Department of Home Affairs believes an applicant has provided false, misleading, or incorrect information, or where the applicant’s identity cannot be reliably confirmed.

If PIC 4020 applies to your application, your visa must be refused or cancelled, unless the decision-maker is satisfied that compelling circumstances exist.


When Does PIC 4020 Apply?

PIC 4020 may be triggered if:

  • false or misleading information is provided in a visa application

  • forged or altered documents are submitted

  • incorrect details are given about identity, qualifications, employment, or relationships

  • inconsistencies exist across current and previous visa applications

  • the Department is not satisfied about the applicant’s true identity

PIC 4020 applies across most visa categories, including skilled, family, student, and business visas.


Consequences of PIC 4020

If PIC 4020 is applied:

  • your visa application will be refused or cancelled

  • you may be subject to a re-entry ban, usually for 3 to 10 years

  • future visa applications may be refused automatically during the exclusion period

PIC 4020 consequences are serious and long-term. Errors are rarely forgiven without strong legal justification.


Notice of Intention to Consider Cancellation or Refusal

Before refusing or cancelling a visa under PIC 4020, the Department usually issues a:

  • Notice of Intention to Consider Refusal, or

  • Notice of Intention to Consider Cancellation

This notice gives you a limited time to respond and explain:

  • why the information is not false or misleading

  • why the documents should be accepted

  • whether compelling circumstances exist

Failure to respond properly almost guarantees refusal.


Can PIC 4020 Be Waived?

PIC 4020 can only be waived if:

  • compelling circumstances affect Australia’s interests, or

  • compelling compassionate circumstances exist

Personal hardship alone is usually not enough.
Waivers require strong evidence and legally structured submissions.


Review and Appeal Options

Depending on how the decision was made, you may be eligible for:

  • Administrative Appeals Tribunal review

  • Judicial review through the Federal Circuit Court

Not all PIC 4020 decisions are reviewable. Ministerial decisions under certain powers cannot be appealed.


How Visa Aid Can Assist

Visa Aid provides professional assistance with:

  • responding to PIC 4020 notices

  • preparing detailed statutory declarations

  • correcting identity or document issues

  • advising on appeal or judicial review pathways

  • assessing re-entry ban implications

We focus on accuracy, compliance, and risk management, not shortcuts.


Important Note

PIC 4020 cases are highly technical.
Incorrect advice or poor submissions can permanently damage your migration prospects.

If you have received a refusal, cancellation notice, or PIC 4020 warning, seek advice before responding.