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

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. 1. 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.