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Monday, February 26, 2024

Visa Ban

4020 Public Interest Criterion

If an applicant submits a fake document or information that is incorrect or deceptive in relation to their application, or if the Minister is unsure of the applicant’s identity, PIC 4020 permits the refusal of a visa.

If PIC 4020 is a requirement for the specific visa you have filed for, you must meet PIC 4020 before your visa can be issued.
If you apply for one of the following visas, you must meet PIC4020.

  • Certified Transition visa
  • Business visa
  • Temporary visa
  • Student visa
  • Family visa.
  • Identity Requirement

To be awarded a visa, you must fulfill PIC 4020’s identification verification requirement (where that visa includes PIC 4020 as part of the criteria).

The government reserves the right to deny your visa if they are not confident in your identification.

Non-grant period: If your PIC 4020 visa application is rejected because you failed to provide identification, you might not be awarded a visa for 10 years (if your visa includes PIC 4020 as part of your criteria)

Waiver: Neither the identity requirement nor the ten-year non-grant period are subject to waiver.

Members of your family unit: Anyone who has you identified as a member of their family unit will also have their visa denied if it is for the same reason that you failed to prove your identification to us. Additionally, for ten years, these family members will not be eligible for another visa if PIC 4020 is a requirement for that visa.

Bogus documents or information that is false or misleading.

A fake document or information that is inaccurate or deceptive in some way cannot be submitted with a visa application.

If any of the following applies to you or any of the family members:

  • Present a fake document or information that is false or misleading as part of your current visa application or
  • You’ve previously provided a fake document or information that is dishonest or deceptive in connection with a visa you held in the 12 months prior to completing your current application.

Can I Apply for visa in future?

You may apply for a new visa if your PIC 4020 application is rejected, but only under the following circumstances:

  • Only specific visas are available for application if you haven’t left Australia after your application was rejected and your visa has expired. As stated in Form 1026i, Australia Application Restrictions, designated visa (48KB PDF)
  • You can apply for a new visa whether you are inside or outside of Australia and have a valid visa other than a temporary visa.
  • If you are applying for a new visa (if your visa contains a PIC 4020 as part of the criteria), you must give a justification if your visa has been denied in the previous three years due to the submission of false or misleading fake documents or information. And justify why a visa ought to be granted to you.

Get in touch with our experts to know more about 4020 Public Interest Criterion

Re-entry ban or exclusion period

Re-entry bans, often called exclusion periods, can prevent someone from entering Australia for up to three years. A person who violates the terms of their visa may be subject to a ban on re-entry.

Re-entry will be prohibited if

  • If you overstay your visa by more than 28 days
  • Your visa will be terminated because:
  • You gave the Department of Home Affairs forged documents or misleading information.
  • You pose a threat to the community’s health, safety, or sense of order in Australia.
  • You are convicted of an offence against a law of the Commonwealth, or a law of an Australian state or territory.
  • You are found to have violated a visa condition, such as working when your visa had a no work condition.
  • You hold a student visa but have failed to maintain appropriate enrolment.
  • You have violated another visa condition.
  • You have been found not to be a genuine student.
  • You hold a visitor visa but were found not to be in Australia as a genuine visitor.

Can a re-entry ban be lifted?

No, a re-entry prohibition cannot be lifted. If you have a re-entry ban but want to apply for a temporary visa, you can ask to have the prohibition lifted just for that application. You must inform the Department in writing of your opinion that it should be tabled. When you apply for the visa or after it has been submitted but before a decision has been made, you can make a formal request to have the re-entry prohibition lifted.

Does re-entry ban apply to all visas?

No, re-entry prohibitions are typically placed on requests for temporary visas. The ban does not preclude you from applying for a permanent visa, but the Department may take your past immigration actions into account in the future.

Get in touch with our experts to know more about Re-entry ban or exclusion period.

Section 48 Bar

The term “section 48 Bar” refers to a situation where a person is either unlawful (i.e., does not have a visa) or has a bridging visa and has had a visa cancelled or refused since last entering Australia.

Most other visa applications cannot be submitted while a person is in Australia if they are “section 48 prohibited” (there are some very limited exceptions). This implies that you should depart Australia normally.

Overstaying a visa or being ineligible for citizenship in Australia might have a severe impact on your ability to apply for future visas.

Get in touch with our experts to know more about section 48 Bar.

 

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