Public Interest Criterion 4020 (PIC 4020) is a criterion in Schedule 4 of the Migration Regulations 1994 that applies to most Australian visa subclasses. It requires DHA to be satisfied that the applicant (and any family unit members) has not provided bogus documents or information that is false or misleading, and that DHA is satisfied about the applicant's identity. A visa application will be refused if PIC 4020 is not satisfied — and a refusal under PIC 4020 triggers a non-grant period during which most further visa applications cannot succeed. For document fraud the non-grant period is three years; for identity-related failures it is ten years. PIC 4020 is a distinct ground from the character test under s501 of the Migration Act — it operates at the visa application stage and arises from dishonest conduct in the immigration process, not from criminal convictions.

For current information on PIC 4020 and the consequences of providing inaccurate information, refer to the DHA providing accurate information page.

• Migration Regulations 1994, Schedule 4, Public Interest Criterion 4020 — the PIC 4020 criterion; DHA must be satisfied the applicant has not provided bogus documents or false/misleading information and that identity is established
• Migration Regulations 1994, Schedule 4, PIC 4020(2) — the non-grant period: three years (bogus documents/false information) or ten years (identity failures)
• Migration Regulations 1994, regulation 2.12AA — circumstances in which a waiver of PIC 4020(1)(a) may apply (limited compelling circumstances)
• DHA: Providing accurate information — immi.homeaffairs.gov.au/accurate-information

What PIC 4020 covers

PIC 4020 applies where any of the following has occurred:

• The applicant, or any member of the applicant's family unit, provided a bogus document in support of the current visa application
• The applicant, or any family unit member, provided information that is false or misleading in a material particular in relation to the current application
• The applicant, or any family unit member, provided bogus documents or false/misleading information in relation to a visa held in the 12 months before the current application
• DHA is not satisfied about the applicant's identity

A "bogus document" is defined in the Migration Act to mean a document that was not issued by or on behalf of an organisation or government body purporting to have issued it; that has been altered in a way not authorised by the organisation or body that issued it; or that was used in a way that the person or organisation that issued it did not authorise.

The three-year non-grant period

If a visa application is refused because PIC 4020 was not satisfied due to bogus documents or false/misleading information, a three-year non-grant period applies. During the non-grant period:

• Most visa subclasses cannot be granted — PIC 4020 appears as a criterion for the vast majority of visa subclasses, meaning a new application for those visas will be refused
• The non-grant period runs from the date of the PIC 4020 refusal
• The period applies to all family unit members included in the refused application — not just the person who provided the bogus document

The ten-year non-grant period — identity failures

Where DHA is not satisfied about the identity of the applicant (as distinct from merely having provided a false document), the non-grant period is ten years. This is the more serious non-grant period and applies where:

• DHA cannot be satisfied that the applicant is who they claim to be — for example, because of inconsistent identity documents, use of aliases, or conflicting biographical information
• There are serious concerns about the applicant's identity that cannot be resolved by the information provided

The ten-year period is significantly longer and reflects the gravity of identity-related fraud in the immigration context.

When PIC 4020 applies — current and recent applications

PIC 4020 can be triggered not only by conduct in the current application but also by conduct in a visa held in the 12 months before the current application. This means a person who provided false information in a previous visa application and had that visa cancelled or refused may find the non-grant period also affects a new application lodged within 12 months, even if the new application contains no false information.

PIC 4020 vs s109 cancellation

PIC 4020 and s109 of the Migration Act address related but distinct situations:

• PIC 4020 operates at the application stage — it results in a visa refusal when the criterion is not met. The non-grant period then prevents further applications for the prescribed period
• Section 109 operates after a visa has been granted — it allows DHA to cancel a visa where it was obtained using incorrect information. A visa cancelled under s109 for providing incorrect information may separately attract a PIC 4020 non-grant period on any future application
• Both can apply to the same course of conduct — false information provided at the application stage may lead to both the initial refusal (PIC 4020) and, if discovered post-grant, subsequent cancellation (s109)

Waiver of PIC 4020(1)(a)

In limited circumstances, the bogus document / false information limb of PIC 4020 — PIC 4020(1)(a) — can be waived under regulation 2.12AA if DHA is satisfied that:

• The non-grant of the visa would result in undue hardship to an Australian citizen, permanent resident, or eligible NZ citizen who is a close family member of the applicant; or
• There are compelling and compassionate circumstances that justify the grant of the visa despite the PIC 4020 failure

The waiver does not apply to the identity limb (PIC 4020(1)(b)) — there is no waiver for identity failures. The waiver is discretionary and is not commonly granted; the threshold is high.

Effect on family unit members

One of the most significant aspects of PIC 4020 is its family unit effect. If any member of an applicant's family unit provides a bogus document or false information, PIC 4020 is not satisfied for all members of that family unit included in the application. All family members included in the refused application receive the non-grant period — even if their own individual information was entirely accurate. This creates a strong incentive for all family unit members to ensure the accuracy of their own information, and for each applicant to be aware of what family members are submitting.

What to do after a PIC 4020 refusal

After a PIC 4020 refusal in Australia where the applicant has no substantive visa:

• The applicant can only apply for specified visas listed in Form 1026i — this is a limited list of visa subclasses that do not include PIC 4020 as a criterion
• The applicant may seek merits review of the refusal decision at the ART if the visa subclass has review rights
• Judicial review in the Federal Court is available to challenge the legal validity of the decision (not on the merits)
• After the non-grant period expires, normal applications can be made — but DHA will consider the prior PIC 4020 conduct in assessing credibility

For current processing times and forms, refer to the DHA providing accurate information page.

PIC 4020 is one of the most serious adverse findings in Australian visa law short of a character cancellation under s501. The three-year and ten-year non-grant periods mean that even a minor misrepresentation — such as an inaccuracy in employment history, an amended document not noted as amended, or a translation error in a supporting document — can foreclose most immigration pathways for years. Common triggers include: educational certificates where results have been altered; employment reference letters from businesses that do not exist or do not confirm the claimed role; bank statements with altered figures; and language test certificates that do not accurately reflect the test result. DHA's document verification practices have expanded significantly; documents submitted in support of visa applications are subject to increasing electronic verification. The family unit effect is particularly acute where an application includes children — a finding against one family member affects all. The non-reviewable identity limb (ten-year period, no waiver available) means that applications where identity documents are unclear or inconsistent carry a significant risk that is difficult to remedy. For current guidance on what constitutes accurate information and the consequences of providing inaccurate documents, refer to the DHA providing accurate information page.