Every partner subclass (820, 801, 309, 100 and 300) includes PIC 4020, and the 3-year look-back covers each member of the applicant’s family unit, not only the applicant.
Where the concern rests on information you did not give yourself, such as a check with the issuer of a document, the Department must put it to you in a natural justice letter before deciding, and an applicant in Australia usually has 28 days to respond. These requirements come from section 57 of the Migration Act 1958 and regulation 2.15 of the Migration Regulations 1994.
PIC 4020 exclusion card
The exclusions and waiver in Schedule 4, clause 4020 of the Migration Regulations 1994 work as follows:
3 years: refused for false or misleading information or a bogus document (cl 4020(1)–(2))
10 years: refused because identity was not established (cl 4020(2A)–(2B))
Who it covers: the applicant and each member of the family unit; not someone who was under 18 when the refused application was made (cl 4020(2AA), (2BA))
Can it be waived? 3-year limb: yes, for compelling or compassionate circumstances; identity limbs: no (cl 4020(4))
These are grant criteria, not simply bans on lodging an application. The dates, family-member coverage and available waiver need to be checked against the particular limbs of clause 4020.
What is PIC 4020?
PIC 4020 is an information-integrity and identity criterion. Under clause 4020(1) of the Migration Regulations 1994, there must be no evidence that the applicant gave, or caused to be given, a bogus document or information false or misleading in a material particular in relation to:
- the current visa application; or
- a visa the applicant held in the 12 months before making that application.
Clause 4020(1) covers information given to the Minister, an officer, the Administrative Review Tribunal (ART) during a review, a relevant assessing authority or a Medical Officer of the Commonwealth. It is therefore not limited to answers entered directly into the application form.
Under clause 4020(5) of the Migration Regulations 1994, information is false or misleading in a material particular if it was false or misleading when given and relevant to any criterion the Minister may consider. It can be material even if the eventual decision does not turn on that information.
“Bogus document” has a separate definition in section 5(1) of the Migration Act 1958. A document concern and a false-information concern should be checked against their respective legal tests, rather than treated as interchangeable allegations.
The PIC 4020 legislation is Schedule 4, clause 4020 of the Migration Regulations 1994. The criterion appears in the subclass requirements at clauses 820.223, 801.223, 309.225, 100.222 and 300.223.
The 3-year exclusion
The three-year exclusion applies where a relevant PIC 4020 refusal falls within the new application’s look-back period. Under clause 4020(2) of the Migration Regulations 1994, the Minister must be satisfied that neither the applicant nor any member of their family unit was refused a visa for failing clause 4020(1) during the period:
- starting three years before the new application was made; and
- ending when the new application is decided.
When does the ban start? The legal calculation looks backwards from the new application date; it does not simply start a fresh three-year clock at the new decision. An application lodged within three years of a relevant PIC 4020(1) refusal fails this limb unless it is waived or the under-18 exception applies. Waiting until the anniversary passes while that application is pending does not change its application date.
Clause 4020(2AA) of the Migration Regulations 1994 provides an exception for a person who was under 18 when the refused application was made. The relevant age is the age at that earlier application, not their age at refusal or when applying again.
Because clause 4020(2) also covers family unit members, checking only the main applicant’s refusal history is insufficient. Family-unit coverage is a legal question; do not assume it means every relative.
The 10-year identity exclusion
The identity limbs are separate from the false-information limbs. Clause 4020(2A) of the Migration Regulations 1994 requires the applicant to satisfy the Minister of their identity.
Clause 4020(2B) also requires no identity-based refusal of the applicant or a family unit member during the period starting ten years before the new application and ending at decision. Establishing identity now and checking the earlier refusal history are therefore distinct requirements.
Clause 4020(2BA) provides the under-18 exception, measured at the date the refused application was made. Unlike the false-information and three-year limbs, the identity limbs cannot be waived under clause 4020(4).
Can PIC 4020 be waived for a partner visa?
Yes, for the false-information and three-year limbs; no, for the identity limbs. Clause 4020(4) of the Migration Regulations 1994 permits waiver of the requirements in clause 4020(1)(a)–(b) and (2) where the Minister is satisfied that either:
- compelling circumstances affecting the interests of Australia justify granting the visa; or
- compassionate or compelling circumstances affecting the interests of an Australian citizen, Australian permanent resident or eligible New Zealand citizen justify granting the visa.
In a partner visa case, the second ground can concern the sponsor’s interests. The Migration Regulations 1994 require the sponsor to be an Australian citizen, permanent resident or eligible New Zealand citizen, usually the applicant’s partner. This is how the waiver clause connects to the sponsorship; being sponsored does not itself establish the required circumstances.
A waiver submission should identify which ground is relied on, whose interests are affected, and the evidence supporting those circumstances. Clause 4020(4) requires the Minister to be satisfied of the specified circumstances; a request is not an automatic exemption.
Responding to a PIC 4020 concern
Identify the allegation and the invitation to comment. Under section 57 of the Migration Act 1958, adverse information specifically about you or another person, which you did not provide and which would be a reason or part of a reason for refusal, must be put to you in writing with its relevance and an invitation to comment. Read the natural justice letter carefully. Not every PIC 4020 case requires this letter: information you supplied yourself falls outside that section 57 requirement.
Record the response deadline. Regulation 2.15 of the Migration Regulations 1994 prescribes 28 days after notification for a written invitation to an applicant in Australia, seven days for an invitation given at interview or by phone, and five days in immigration detention. For an offshore 309 or 300 application, the invitation specifies a reasonable period rather than those prescribed onshore periods.
Request an extension before the deadline if needed. Section 58(4) of the Migration Act 1958 and regulation 2.15(4) allow a further seven days in Australia where the applicant is not detained, or seven days outside Australia—or 28 days if the Minister decides. Home Affairs’ Partner visa frequently asked questions directs extension requests through the Partner Processing Enquiry Form, with evidence of steps taken. Do not assume an extension has been granted merely because you requested one.
Address both elements of the information test. Explain whether the information was false or misleading when given and whether it was relevant to a criterion, as required by clause 4020(5) of the Migration Regulations 1994. Match the explanation to the original answer and supporting records. Home Affairs’ Form 1022 instructions identify Form 1023 as the form for incorrect answers; a correction should be made formally, not left as an unexplained replacement document.
Present any available waiver case with evidence. If the information was false or misleading and a waiver is available, address the applicable ground under clause 4020(4) of the Migration Regulations 1994. Separate that submission from any identity issue, because the identity limbs are not waivable.
False documents and offences
False documents can have consequences beyond visa refusal. Section 234 of the Migration Act 1958 makes presenting false documents an offence, with a maximum penalty of ten years’ imprisonment or 1,000 penalty units, or both.
Home Affairs’ Providing accurate information page identifies giving false information to a Commonwealth entity as an offence under section 137.1 of the Criminal Code, carrying 12 months’ imprisonment, and warns that AI-edited or altered documents are unlawful.
“Visa fraud” and “fraudulent visa” are everyday descriptions, not the statutory names of these criminal offences identified on Home Affairs’ Providing accurate information page.
Answers on the Form 80 partner visa form—personal particulars and character questions—are information given in relation to the application, so a materially false or misleading answer can engage clause 4020(1) of the Migration Regulations 1994.
When PIC 4020 needs a lawyer
A lawyer’s review is particularly useful where the concern involves disputed document checks, earlier applications, a family member’s refusal, or overlapping false-information and identity allegations. An Australian migration lawyer can check the precise allegation, compare it with the lodged evidence, identify missing records and prepare a response against the relevant clause.
If you have had a partner visa refused, the Migration Act 1958 requires the refusal notice to identify the unmet criterion, give reasons and explain how and when to seek review if the decision is reviewable.
PIC 4020 governs grant; it does not itself cancel an existing visa. If the issue arises after grant, the partner visa cancelled guide explains the separate process: incorrect information and bogus documents may be dealt with under sections 107–109 of the Migration Act 1958, with other cancellation grounds in section 116.
What is PIC 4020 Australia?
PIC 4020 is the false-information and identity criterion in Schedule 4, clause 4020 of the Migration Regulations 1994. It applies to every partner and prospective marriage subclass.
When does the PIC 4020 ban start?
Clause 4020(2) of the Migration Regulations 1994 looks back three years from the new application date and covers relevant refusals through to decision. It is a grant criterion, not simply a prohibition on applying.
Can PIC 4020 be waived?
Yes, clause 4020(4) of the Migration Regulations 1994 permits waiver of the false-information and three-year limbs on the specified compelling or compassionate grounds. It does not permit waiver of the identity limbs.
Does PIC 4020 apply if I told the Department about the mistake myself?
Yes. Clause 4020(3) of the Migration Regulations 1994 says the false-information and three-year limbs apply whether or not the Department learned of the problem from you. Under clause 4020(5), the question remains whether the information was false or misleading when given and relevant to a criterion; correcting it does not automatically remove the concern.
On a PIC 4020 concern, ask an Australian migration lawyer to separate the false-material and identity issues, answer the natural-justice letter within its period and assess any available clause 4020(4) waiver.