Bogus documents or false or misleading information in visa applications: the consequences of being caught are not worth the risk.

PIC 4020 – a visa criterion to reduce migration fraud

One of the instruments to combat fraud in applications for Australian visas is Public Interest Criterion 4020 (PIC 4020) which is known as ‘the integrity PIC’¹. PIC 4020 is a clause in Schedule 4 of the Migration Regulations 1994 (Cth). The aim of this criterion is to address any possible fraudulent conduct by applicants, whether it results in presenting counterfeit documents in support of one’s claims or providing information which is untruthful. The criterion is applicable to almost all applications one may make in the process of applying for skills assessment, lodging a visa application or applying for a review of a visa decision². In order not to meet PIC 4020 it is enough that:

(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: 

• the application for the visa; or
• a visa that the applicant held in the period of 12 months before the application was made³.

What is a bogus document or false or misleading information?

PIC 4020 provides a definition of information which is misleading in a material particular. Broadly, the information must satisfy two criteria. The information must be misleading at the point in time when the applicant provides it to one of the authorities listed in PIC 4020 (1) and the information must be supplied for the purpose of meeting one or more criteria that the decision maker takes into account when dealing with the application, regardless of whether the decision on the application was made fully or only partly because of reliance on that particular information⁴. 

PIC 4020 of the Regulations does not give a definition of a ‘bogus document’. Instead, the term is defined in s 5 of the Migration Act 1958 (Cth). The Act defines a bogus document, in relation to a person, as a document that the Minister reasonably suspects:

• purports to have been, but was not, issued in respect of the person; or
• is counterfeit or has been altered by a person who does not have authority to do so; or
• was obtained because of a false or misleading statement, whether or not made knowingly⁵.

Application that has been supported by bogus documents or false or misleading information must be refused

If there is evidence, that a bogus document or information that is false or misleading in a material particular has been supplied in relation to a particular visa application, the applicant is caught by this public interest criterion and the visa application is refused unless the applicant proves that they in fact have not supplied counterfeit documents or untruthful information. If the applicant cannot prove this, they may still be granted a waiver, in case there are 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 citizen⁶. 

Non-compliant applicants will face re-entry bans

Visa applicants who present bogus documents and information which is false or misleading in a material particular as part of their application are at the risk of facing serious consequences. If a bogus document or false information are given in support of their visa application, this will not only result in visa refusal, but also in a re-entry ban of 3 years⁷. The repercussions can be even more severe, if the bogus document supplied was an identity document⁸. For instance, counterfeit passports or birth certificates lodged in support of a visa or a review application can result in a person and their family members not being able to enter Australia for the next 10 years after the incident⁹.

What we do to combat migration fraud

Under s 234 of the Migration Act 1958 (Cth), neither the applicant, nor the registered migration agent, as their representative, is allowed to submit bogus documents, information which is false or misleading in a material particular, or make false statements. Doing so may result in a criminal penalty of imprisonment up to 10 years, or 1000 penalty units, or both¹⁰.

At KUZMIN MIGRATION PTY LTD, we strictly follow the Office of the Migration Agent Registration Authority’s (OMARA’s) guidelines to reduce the supply and submission of bogus documents and false information to Skills Assessment authorities, the Department of Home Affairs and the Administrative Appeals Tribunal (the AAT). The Code of Conduct for migration agents requires us to be competent, diligent and fair when dealing with clients¹¹. This requires Kostya Kuzmin, as a registered migration agent, to take reasonable steps to make sure that if any misinformation is provided by the client, it is not submitted to the Department¹². Therefore, if we have concerns about the documents you have provided, we may:

• Independently verify contact details instead of relying on those you have supplied;
• Contact the organization that issued the document, to verify its authenticity, content or clarify any concerns we may have about the document;
• Discuss our concerns with you;
• Make sure that you understand that you can be prosecuted for the supply of bogus documents or false or misleading information under s 234 of the Migration Act;
• If the information in the document cannot be verified, raise concerns about the validity of the document with the Department¹³.

If we believe the document is bogus or the information is misleading, we may give you the opportunity to resubmit your application omitting the information of concern. However, we may also choose to terminate any business dealings with you¹⁴.

If your visa was refused for not meeting the PIC 4020 criterion

If the Department of Home Affairs (the DHA) refused for your visa because you did not meet PIC 4020 but you believe that you did not supply any bogus documents or false or misleading information, we will be happy to help you with a review application to the Administrative Appeals Tribunal (the AAT). We specialize in administrative review of adverse migration decisions and will offer you professional and quick service. Please contact us to find out what the likelihood of a positive decision on your application is.

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¹Migration Regulations 1994 (Cth) Sch 4 cl 4020.

 ²Ibid cl 4020(1).

³Ibid cl 4020(1).

⁴Ibid cl 4020 (definition of ‘information that is false or misleading in a material particular’).

⁵Migration Act 1958 (Cth) s 5(1).

⁶Ibid cl 4020(4).

⁷Migration Regulations 1994 (Cth) Sch 4, cl 4020(2).

⁸Ibid cl 4020(2A).

⁹Ibid cl 4020(2B).

¹⁰Migration Act 1958 (Cth) s 234.

¹¹Migration Agents Regulations 1998 (Cth), Sch 2, reg. 8, 2.1 (b).

 ¹²Reducing the number of fraudulent documents, Practice guide for registered migration agents, Office of the Migration Agents Registration Authority.

¹³Ibid.

¹⁴Ibid.