This just in: Public Interest Criteria 4020, known as PIC 4020, which was to increase to a 10-year ban for providing false or misleading information, has been disallowed.
The new legislative instrument was introduced by the Department of Home Affairs on 18 November 2017. The short-lived instrument sought to increase the PIC 4020 exclusion period tenfold, from 12 months to 10 years, for anyone found to have provided false or misleading information in an application to the Department of Home Affairs. The changes would have had a devastating decade-long impact on those who had applied for visas and provided false information or documents. Critically, the PIC 4020 was designed in such a way that it did not matter whether or not the person providing the document knew that the information or document was false. As such many visa applicants were inadvertently subject to PIC 4020 because they themselves were not aware that information or documents were incorrect, fraudulent or simply wrong in a particular way.
The increase from 12 months to 10 years has been described as punitive and vindictive, and likened to “cracking a walnut with a massive sledgehammer”. Senator Nick McKim of the Greens has introduced a motion to overturn these new regulations. Senator McKim described the changes as part of the Immigration Minister’s ‘relentless attacks’ on migrants.
Unlike Acts of Parliament, Regulations may be introduced by the government without a direct parliamentary vote. However individual members of the Lower House or Senate may introduce a motion to have regulations disallowed. In this case the Greens were able to obtain majority support to overturn the changes.
As it stands, PIC 4020 will continue, in its original form, to apply for 12 months.
Roam Migration Law can assist visa holders and visa applicants to understand the impact of PIC 4020, and other Public Interest Criteria, on their application. For assistance contact Roam Migration Law today.
