PIC 4001 — character requirement
Overview
Public Interest Criterion 4001 (PIC 4001) is a standard character requirement prescribed in Schedule 4 of the Migration Regulations 1994 (Cth) that applies to most visa subclasses. PIC 4001 requires that the applicant is not assessed by the Australian Security Intelligence Organisation (ASIO) as a direct or indirect risk to Australian security, and that the applicant passes the character test under s 501 of the Migration Act 1958. PIC 4001 applies to both onshore and offshore visa applicants and must be satisfied for the visa to be granted.
PIC 4001 is one of the "public interest criteria" in Schedule 4 of the Migration Regulations — a series of baseline requirements that apply across multiple visa subclasses to protect the public interest. Other PICs address health (PIC 4005/4006), public interest generally, and other matters.
The relationship between PIC 4001 and s 501 is that both reference the same character test. PIC 4001 operates as a visa criterion — if not met, the visa cannot be granted. Section 501 is a separate power to refuse or cancel a visa on character grounds, which can be applied both at the time of application and after a visa has been granted.
Legal basis
- Migration Regulations 1994, Schedule 4, PIC 4001 — the character requirement applicable to visa applicants
- Migration Regulations 1994, Schedule 2 — the primary criteria for each visa subclass cross-reference PIC 4001 (and other PICs) as a mandatory requirement
- Migration Act 1958, s 501 — the character test referenced in PIC 4001
- Migration Act 1958, s 501(6) — the grounds on which a person fails the character test
How it works
Content of PIC 4001
PIC 4001 requires:
- The applicant is not assessed by ASIO as a direct or indirect risk to Australian security; and
- The applicant passes the character test under s 501(2) of the Migration Act; or, if the applicant does not pass the character test, the Minister (or delegate) exercises their discretion to grant the visa notwithstanding the character concern
ASIO assessment
For applicants from certain countries or in certain categories, ASIO provides a security assessment as part of the visa assessment process. An adverse ASIO assessment will prevent PIC 4001 from being met, resulting in visa refusal. ASIO assessments are classified and cannot be directly challenged, though there is a limited review mechanism through the Inspector-General of Intelligence and Security.
Character test under s 501
The character test is the same as the test applied under s 501 of the Migration Act — see the character test concept page. In the PIC 4001 context, the test is applied as an eligibility criterion. If the applicant fails the character test at PIC 4001 assessment, the decision-maker must decide whether to refuse or whether there are grounds to exercise a residual discretion to proceed.
Difference from s 501 cancellation
PIC 4001 applies at the visa application stage (refusal). Section 501 applies to both refusal (at application) and cancellation (after grant). The practical difference is that character concerns identified during the processing of an application result in refusal via PIC 4001, while character concerns that arise after the visa has been granted result in cancellation under s 501.
Police clearance certificates
Many visa subclasses require applicants to provide police clearance certificates (from Australia and from countries of residence) to enable the Department to assess character. The Department may also ask for additional information about specific matters arising from the applicant's history.