Window into the migration world; Ah, I’ll fudge it, they will never know… - 21 August 2026
Usually I end up talking about PIC4020 at least once or twice a week.
PIC4020 is part of the “Public Interest Criteria” that cut across all of the visas that you would usually be interested in getting. Public Interest Criteria are designed to protect Australia from people that they would rather keep out.
PIC4020 is essentially about supplying “false or misleading information”. If you do provide information on a visa application form that they decide fits ‘false or misleading’ then they will refuse your visa. But here is the bite – if you have had a visa refused under PIC4020 then any application for the next three years may also be refused (other than in exceptional circumstances). So it is, in effect, a three-year ban on coming back.
And it reaches back – if they suspect you supplied false information on the visa you currently hold they can invoke PIC4020, even if you are telling the truth now.
I see this most commonly in cases where there is a criminal record. “Billy” might have a couple of assault or drug convictions from when he was younger. But he wants to apply for his WHV and is worried he will be delayed or refused, so he ticks “no” to the criminal record question.
“Billy” likes Australia so he is applying for a longer term visa – sponsorship or a points tested visa. And he needs to produce a Police cert, and that police cert shows his record. Now he has triggered PIC4020, he will get refused and he will get a ban.
I have had cases where clients have said that an Agent filled in the form on their behalf, that they didn’t review it and so it isn’t their fault. But sadly, the law doesn’t agree. According to s98 of the Migration Act “A non-citizen who does not fill in his or her application form […] is taken to do so if he or she causes it to be filled in or if it is otherwise filled in on his or her behalf”. For what it is worth I absolutely understand this argument, mistakes happen – it is one of the reasons every client of mine reviews and approves every application form. Once a form gets to Immi with your name on it they treat it as if you filled it in yourself.
So, Immigration is like life, honesty is always the best policy. If you have something in your background that you suspect might be an issue, then have a chat to an immigration law professional – a Registered Migration Agent or solicitor – and get guidance on how to address it. That advice is even more important if you have left something out of a prior application and it might now be coming back to bite – once Immi have something they can consider it, so a chat with an RMA early on can save a lot of heartache!
-
As always this is generic information and should not be relied on as specific migration advice. Information correct at time of going to press but may have changed.
If you would like to discuss your personal circumstances, please feel free to get in touch through hello@mcdonaghmigrations.com.au
Andrew McDonagh | Registered Migration Agent | MARN 2418484