Bogus Documents PIC 4020
Department Of Immigration & Border Protection (DIBP) is aware false documents or false paperwork are often provided to substantiate claims by visa applicants. This is common practice with the intention to secure a more favourable immigration outcome.
Bogus Documents, Types of PIC 4020 Problems
There are two types of bogus documents that result in a Public Interest Criteria (PIC) 4020; visa applicants should be aware of these.
The first type relates to deception in terms of “identity”, the second type relates to the deception of other facts like skills, health, character and most commonly, work experience.
Bogus Document Definition
A bogus document is a false document.
A bogus document is one that looks as though it has been issued fraudulently or has been altered in an unauthorised way or has been obtained under false pretences.
Examples of bogus Documents
Four examples of bogus documents as follows
Documents That Could Be Counterfeit
For example:
• passport, birth certificate, marriage certificate, educational certificate, adoption order, work reference or financial document
• documents regarding custody or dependency claims relating to a minor
• work experience documentation relating to skilled work undertaken in their nominated occupation (either in Australia or outside Australia, or both), prior to the application being made
• digitally altered photos to support claims of relationship or identity.
Documents Issued By A Genuine Authority But Obtained Fraudulently
For example:
• an English language test result that was not achieved by applicant
• a skills assessment obtained by providing false claims to a skills assessing body
• a qualification issued to the applicant by a Registered Training Organisation that was obtained because of a false or misleading statement
Documents purporting to have been, but were not, issued by a person with authority to do so
For example:
• a work reference created by someone who did not have the authority to represent the business, such as a co-worker or supervisor.
Documents purporting to have been, but were not, issued in respect of the applicant
For example:
• a document belonging to another person that is presented to the department by the visa applicant as their own.
PIC 4020 Approaches To Fixing The Problem
Did you, in fact, mislead Immigration? If the DIBP alleges that you provided false documents or statements, you can pursue two approaches.
The first approach is to challenge the allegation made by the DIBP and clarify that you in fact provided NO false documents or statements, within the meaning of PIC 4020. There are strict deadlines so must act quickly to take this approach.
The second approach is to argue that even if that was the case (i.e. you, in fact, had provided false documents or materials), the nature and extent of the circumstances are such that PIC 4020 is nevertheless met. The argument is that the fact that false documents or materials were provided should be of little or no consequence in the grander scheme of things. The interests of Australian citizens and permanent residents may also be relevant in some cases.
4020 - The Legislation
(1) There is no evidence before the Minister that the applicant has given, or caused to be given, to the Minister, an officer, the Tribunal during the review of a Part 5-reviewable decision, a relevant assessing authority or a Medical Officer of the Commonwealth, a bogus document or information that is false or misleading in a material particular in relation to:
(a) the application for the visa; or
(b) a visa that the applicant held or applied for, in the period of 10 years before the application was made.
4020 Waiver Provision
PIC 4020(4) provides for a waiver, requirements of PIC 4020 as follows:
• compelling circumstances that affect the interests of Australia or
• compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen
The waiver provision may not be applied to all sections of 4020 and is inherently difficult to satisfy.
PIC 4020 Consequences
Those refused a visa because they are suspected of providing bogus documents or false or misleading information in the three 10 years before they lodge a visa will need to provide reasons as to why the visa they have applied for should be granted.
Especially, if they must satisfy the PIC 4020 criterion as part of the visa application. Most visas now have this criterion.
PIC 4020 New Regulations
From November 18 2017, new regulations will come into force which will effect visa applicants
The practical effect of this change is that any information or documents provided to the Department, skills assessor or Medical Officer Of The Commonwealth (MOC), can be taken into account when deciding an application. 4020 will apply to new applicants even if the previous visa was not granted or was withdrawn before decided.
This change comes into effect on 18 November 2017 and applies to applications lodged on or after that date. It does not apply for applications lodged before 18 November 2017
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