Important Updates
Important Updates
July 18, 2025 | SwedenSweden: Proposed Reforms to Single Permit Regime
July 21, 2025 | European UnionEuropean Union: European Travel Information and Authorisation System (ETIAS) and Entry/Exit System (EES) Launch Status
July 21, 2025 | New ZealandNew Zealand: Rules on Investor Visa Relaxed
July 18, 2025 | RussiaRussia: Reduced Stay Periods Implemented for Visa-Free Entry 
July 18, 2025 | South AfricaSouth Africa: Civics Services Expansion for Citizens Abroad Facilitates Processes
July 18, 2025 | SwedenSweden: Proposed Reforms to Single Permit Regime
July 21, 2025 | European UnionEuropean Union: European Travel Information and Authorisation System (ETIAS) and Entry/Exit System (EES) Launch Status
July 21, 2025 | New ZealandNew Zealand: Rules on Investor Visa Relaxed
July 18, 2025 | RussiaRussia: Reduced Stay Periods Implemented for Visa-Free Entry 
July 18, 2025 | South AfricaSouth Africa: Civics Services Expansion for Citizens Abroad Facilitates Processes
July 18, 2025 | SwedenSweden: Proposed Reforms to Single Permit Regime
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationAustralian Immigration: New Skills in Demand Visa
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Australian Immigration: New Skills in Demand Visa

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
  • Insights

Understanding Compliance with PIC 4020: Meeting the Character Criteria for Australian Visas

May 7, 2025

Understanding Compliance with PIC 4020: Meeting the Character Criteria for Australian Visas

Country / Territory

  • AustraliaAustralia

Related contacts

Photo of Chris Spentzaris

Chris Spentzaris

Partner

Melbourne, Australia

Email

[email protected]

T:+ 61 3 9613 9301

Related offices

  • Melbourne

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Chris Spentzaris

Chris Spentzaris

Partner

Melbourne, Australia

Email

[email protected]

T:+ 61 3 9613 9301

Related offices

  • Melbourne

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Chris Spentzaris

Chris Spentzaris

Partner

Melbourne, Australia

Email

[email protected]

T:+ 61 3 9613 9301

Related offices

  • Melbourne

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Pamela Taukuro

Honesty is essential when applying for an Australian visa. Providing accurate and truthful information is critical to maintaining the integrity of the visa application process, and one of the key measures in place to uphold this integrity is the Public Interest Criterion (PIC) 4020. This rule ensures that applicants provide honest, accurate and complete information throughout the application process.

What is PIC 4020?

PIC 4020 is a public interest criterion that must be satisfied for certain visa applications. It aims to prevent fraud and ensure that applicants are truthful about their identity and history. If an applicant fails to meet the requirements of PIC 4020, their visa application may be refused.

Visas to which PIC 4020 applies include:

      • Visitor visas
      • Student visas
      • Work visas
      • Partner visas
      • Other temporary and permanent visa types

Common reasons for visa refusal under PIC 4020

Visa applications are often refused under PIC 4020 for the following reasons:

      • Fraudulent documents or false information: Providing fake documents, misleading details or intentionally withholding important information, especially regarding an applicant’s identity or criminal history.
      • Criminal history discrepancies: Failing to disclose previous criminal convictions or offences that may appear in police records but were not initially reported in the application.
      • Failure to meet identity requirements: If an applicant’s identity cannot be satisfactorily verified, or if the details provided are inconsistent with departmental records.

The Character Requirement and PIC 4020

When assessing whether PIC 4020 is satisfied, an applicant’s responses regarding their criminal history may trigger further investigation, particularly if there is any inconsistency with the Department of Home Affairs’ records.

What constitutes false or misleading information in this context? According to Subsection 4020(5) of the Migration Regulations 1994 (Cth), false or misleading information means:

      • It is false or misleading at the time it is given; and
      • It is relevant to any criteria the Minister may consider when deciding on the application, even if the decision is not made based on that specific information.

In some cases, applicants may declare no criminal history but then provide police certificates showing offences or convictions not disclosed in their application.

Such discrepancies could lead to a referral to the Character Unit, as it may result in the applicant not meeting the character requirement.

 If the applicant does meet the character requirement, the Department must then assess whether the information provided was false or misleading at the time it was submitted.

Consequences of not meeting PIC 4020

If an applicant fails to meet the requirements of PIC 4020, their visa application may be refused. Additionally, the consequences can extend beyond just one application. A visa refusal under PIC 4020 could lead to:

      • A three-year ban from applying for another visa.
      • A negative impact on future visa applications, as any subsequent applications will be assessed with this refusal in mind. It could make it harder to gain approval for future visas.

Avoiding PIC 4020 visa refusals: Tips and best practices 

To avoid complications with PIC 4020, here are some key steps to take:

      1. Be honest and thorough: Always provide accurate and complete information about your identity, criminal history, and any other relevant details. If you are unsure, it’s best to err on the side of caution and disclose everything.
      2. Verify your records: Check your criminal history and personal records to ensure they are accurate. If you have any doubts about your past, consider obtaining police clearance certificates or other relevant documents to clarify your history.
      3. Address discrepancies: If you discover any inconsistencies between your records and what you've previously disclosed, make sure to explain these clearly in your application.
      4. Provide supporting documents: If you believe you were unaware of any criminal convictions, provide evidence such as a statutory declaration explaining the situation and supporting character references to demonstrate your honesty.

Steps to take post-visa denial under PIC 4020

If a visa application is refused due to PIC 4020, the applicant may still have options. The following are steps to take in the event a visa application is denied due to PIC 4020.

      • Appeal the decision: Depending on the visa type and circumstances, an applicant may have the opportunity to appeal the refusal to the Administrative Appeals Tribunal (AAT).
      • Provide additional information: If an applicant believes the refusal was based on an error of law—i.e., that the Department did not correctly apply the relevant legislation—they may provide additional documentation or clarification demonstrating the error. This could include a statutory declaration outlining the circumstances of the offence and explaining why the applicant was unaware of, or did not believe they had, a criminal record. This can be submitted together with supporting character reference letters.
      • Consult an immigration professional: Visa refusals under PIC 4020 can be complex. If a visa has been refused or an applicant is concerned about their application, it is recommended to consult with an immigration lawyer or registered migration agent.

By understanding PIC 4020 and being proactive in providing truthful and accurate information, you can ensure that your visa application is not only compliant but also increases your chances of approval.

Need to know more?

For questions related to the Australian immigration system, please contact Senior Associate Pamela Taukuro at [email protected].

This blog was published on 7 May 2025, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, Twitter, Facebook and Instagram. 

Country / Territory

  • AustraliaAustralia

Related contacts

Photo of Chris Spentzaris

Chris Spentzaris

Partner

Melbourne, Australia

Email

[email protected]

T:+ 61 3 9613 9301

Related offices

  • Melbourne

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Chris Spentzaris

Chris Spentzaris

Partner

Melbourne, Australia

Email

[email protected]

T:+ 61 3 9613 9301

Related offices

  • Melbourne

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Chris Spentzaris

Chris Spentzaris

Partner

Melbourne, Australia

Email

[email protected]

T:+ 61 3 9613 9301

Related offices

  • Melbourne

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Windpower Monthly: Wind Industry’s Chronic Skills Shortage Exacerbated by Tough Immigration Rules

Associate Yinny Tan outlines how proposed UK immigration changes may affect workforce planning and talent access in the wind industry.

Learn more

Blog post

UK Creative Industries & Immigration: What the 2025 Policy Changes Mean

Senior Manager Sean Rhodes, Associate Jennifer Gray and Paralegal Mariel Arquero outlines how the United Kingdom's 2025 immigration policy changes will impact the creative industries.

Learn more

Media mentions

AAML: Navigating U.S. Passport Applications for Minors Under 16: A Guide for Family Law Attorneys

Senior Associate Carolyn Alvarez outlines US passport rules for minors to guide family law attorneys on immigration requirements.

Learn more

Blog post

Fast-track Visa Options for Technical Workers: Türkiye’s AMS Visa and Greece’s Installation Visa

Senior Manager Ben Morgan and Manager Mariana Da Encarnacao outline Türkiye’s AMS visa and Greece’s Installation visa as streamlined immigration options aimed at attracting technical talent to support national innovation and economic growth.

Learn more

Video

Regional Immigration Overviews 2025 | #MobilityMinute

Director Raj Mann shares an overview of Fragomen's newly released 2025  Regional Immigration Overviews, a supplement to the firm's Worldwide Immigration Trends Report.

Learn more

Video

A Guide to EU Visa Categories for Non-EU Nationals

Explore EU visa options for non-EU nationals, including Schengen, long-stay and work visas like the EU Blue Card. Find the right visa for your needs.

Learn more

Blog post

UK Partner Visa 2025: Is Cohabitation Still Required for Unmarried Couples?

Private Client Associate Amelia Haynes and Intern Zuha Malik explore whether living together remains a requirement for unmarried couples applying for a UK partner visa under the 2025 rules.

Learn more

Media mentions

Business Standard: 11 Million US Visa Backlog Crushes Indian H-1B, Green Card Dreams: Decoded

Partner Blake Miller discussed how US immigration processing delays may create challenges for work authorization, travel and workforce planning.

Learn more

Blog post

EES and ETIAS: Automation Meets Immigration Complexity

Immigration Manager Andreia Ghimis discusses how the EES and ETIAS systems aim to streamline immigration processes while addressing the complexities of automation.

Learn more

Fragomen news

Partner Marius Tollenaere Elected to the Executive Committee of the German Bar Association's Migration Law Working Group

Partner Marius Tollenaere is elected to the Executive Committee of the German Bar Association's Migration Law Working Group.

Learn more

Blog post

Policy Reform Proposal: Granting Automatic Employment Authorization to Spouses of Work Visa Holders in South Africa

Director Johannes Tiba explores the proposal to grant automatic employment authorization to spouses of work visa holders in South Africa.

Learn more

Media mentions

The National: UAE Golden Visa Explained: From Nomination to Investment and Who is Eligible

UK: Partner Haider Hussain clarifies that UAE Golden Visa applications must go through official government channels, warning against unauthorised fees and misinformation.

Learn more

Media mentions

Windpower Monthly: Wind Industry’s Chronic Skills Shortage Exacerbated by Tough Immigration Rules

Associate Yinny Tan outlines how proposed UK immigration changes may affect workforce planning and talent access in the wind industry.

Learn more

Blog post

UK Creative Industries & Immigration: What the 2025 Policy Changes Mean

Senior Manager Sean Rhodes, Associate Jennifer Gray and Paralegal Mariel Arquero outlines how the United Kingdom's 2025 immigration policy changes will impact the creative industries.

Learn more

Media mentions

AAML: Navigating U.S. Passport Applications for Minors Under 16: A Guide for Family Law Attorneys

Senior Associate Carolyn Alvarez outlines US passport rules for minors to guide family law attorneys on immigration requirements.

Learn more

Blog post

Fast-track Visa Options for Technical Workers: Türkiye’s AMS Visa and Greece’s Installation Visa

Senior Manager Ben Morgan and Manager Mariana Da Encarnacao outline Türkiye’s AMS visa and Greece’s Installation visa as streamlined immigration options aimed at attracting technical talent to support national innovation and economic growth.

Learn more

Video

Regional Immigration Overviews 2025 | #MobilityMinute

Director Raj Mann shares an overview of Fragomen's newly released 2025  Regional Immigration Overviews, a supplement to the firm's Worldwide Immigration Trends Report.

Learn more

Video

A Guide to EU Visa Categories for Non-EU Nationals

Explore EU visa options for non-EU nationals, including Schengen, long-stay and work visas like the EU Blue Card. Find the right visa for your needs.

Learn more

Blog post

UK Partner Visa 2025: Is Cohabitation Still Required for Unmarried Couples?

Private Client Associate Amelia Haynes and Intern Zuha Malik explore whether living together remains a requirement for unmarried couples applying for a UK partner visa under the 2025 rules.

Learn more

Media mentions

Business Standard: 11 Million US Visa Backlog Crushes Indian H-1B, Green Card Dreams: Decoded

Partner Blake Miller discussed how US immigration processing delays may create challenges for work authorization, travel and workforce planning.

Learn more

Blog post

EES and ETIAS: Automation Meets Immigration Complexity

Immigration Manager Andreia Ghimis discusses how the EES and ETIAS systems aim to streamline immigration processes while addressing the complexities of automation.

Learn more

Fragomen news

Partner Marius Tollenaere Elected to the Executive Committee of the German Bar Association's Migration Law Working Group

Partner Marius Tollenaere is elected to the Executive Committee of the German Bar Association's Migration Law Working Group.

Learn more

Blog post

Policy Reform Proposal: Granting Automatic Employment Authorization to Spouses of Work Visa Holders in South Africa

Director Johannes Tiba explores the proposal to grant automatic employment authorization to spouses of work visa holders in South Africa.

Learn more

Media mentions

The National: UAE Golden Visa Explained: From Nomination to Investment and Who is Eligible

UK: Partner Haider Hussain clarifies that UAE Golden Visa applications must go through official government channels, warning against unauthorised fees and misinformation.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.