Visa applications and the Fraud criterion

Since 2011, the Department of Immigration and Border Protection (DIBP) have had a very broad-ranging power to refuse visa applications with there was suspected fraud or misleading information.  This is generally known as the Fraud criterion, and more specifically at Public Interest Criterion 4020 (PIC 4020).

In simple terms, PIC 4020 enables the refusal of a visa if the applicant provides a bogus document or information that is false or misleading in relation to the application for the visa.  It is a criterion that now applies to all Skilled Migration visas and to all Business, Student and Family visas, and to various temporary work visas (such as the 457 visa).

Whilst it seems obvious that false or misleading information should not be intentionally provided to DIBP, PIC 4020 goes further and also applies to such information that has been unintentionally or unwittingly provided, even through a third party, such as employer or representative.  This means that, for example, where an employment reference supplied by an employer is found to be incorrect (say, for claiming longer work experience than was actually done), the visa application can be refused and this may have negative consequences for future visa applications as well.  So it is vitally important to check the accuracy of ALL the information provided with a visa application.

It must be said that “innocent mistakes” (such as obvious typographical errors) are unlikely to be caught by PIC 4020.  There are also provisions to “waive” the effect of PIC 4020, but the requirements of those waiver provisions are often difficult to satisfy.  The old adage, “better safe, than sorry” applies.

Even if you chose to prepare your visa application yourself, having a reputable Migration Agent to check your application and documents before they are lodged could avoid serious complications later on if PIC 4020 is found to apply.  Contact Ujvari Lawyers for assistance on 0407 610338 or info@ujvarilawyers.com.