On Nov. 3, the Immigration Board announced a bill to amend immigration regulations, which would have the biggest impact on PIC 4020, which involves counterfeiting applications, increasing its retrospective period to 10 years and affecting visas, including withdrawal. The amendment bill will be put into effect on November 18th.
Let's take a look at some of the current PIC 4020 provisions that are covered by the amendment:
PIC 4020 (1) refers to a visa held by the applicant in a visa application or within 12 months prior to the submission of a new visa, which provides false documents or information. Then they will not be satisfied with PIC 4020.PIC 4020 (2), which means that applicants or their family members have not been rejected for 4020 (1) reasons in the past three years.
PIC 4020 is a basic visa requirement for all Australian visa approvals. Including our common 500 student visa, 485graduate work visa, 189190 skilled immigrant visa, 188 investment immigrant visa, 143 parents immigration visa and so on.
The immigration regulations, which now come into effect on November 18th, are changed as follows:
Change 4020 (1) (b) to
4020 (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:
(b) a visa that the applicant held,or applied for, in the period of 10 years before the application was made.
The main change is two points, one is that the applicant changes in the visa application or 12 months prior to the submission of a new visa into a visa held within 10 years to provide false documents or information, will not meet the PIC 4020.
Another change is in the old regulations. If the Immigration Board considers your material to be false, the Immigration Act S57 requires the Immigration Service to send you a letter Natural of Justice, allowing you to explain what they believe to be false within 28 days. If the explanation passes or removes this visa application, then your future visa application will not be subject to the clause 4020 limit, but after the amendment, even if you remove the visa application, in the future visa application will also be subject to section 4020 restrictions! That is, if you only submit visa applications over the past 10 years with false materials and information, you will not meet the 4020 requirement.
Why the change?
Such a change can be said to have been made to better ensure that the Integrity, the Australian visa system, had a number of falsified applicants who could either remove the visa application or submit a new visa application after 12 months of holding the visa. It is now 10 years to say that these people want to submit new visa applications again to block the road. However, we believe that the increase from 12 months to 10 years, the Immigration Board should also be more detailed after what would be impose 4020 such a clause.
