189 skilled independent visa rule change

PIC 4020 (Fraud PIC) Legislation Change disallowed in Senate!

Overview:

Regulations as made

This regulation amends the Migrations Regulations 1994 to strengthen and update immigration policy as well as administrative practice.
Administered by: Immigration and Border Protection
General Comments: A motion to disallow this instrument was raised by Senator McKim on 14/11/2017 to move on the next day of sitting that the instrument be disallowed.

Details:

The legislation which increased from 12 months to 10 years the period of time in which any information or documents provided to the Department, skills assessor or MOC, could be taken into account when deciding an application, even if the previous visa was not granted or was withdrawn before decided, has been disallowed.

The proposed change aimed at extending the application of PIC 4020 so that it will reach instances of fraud relating to visa applications made within the previous 10 years.

Information about PIC 4020

Public Interest Criterion 4020

PIC 4020 enables refusal of a visa if an applicant provides a bogus document or information that is false or misleading in relation to their application, or if the Minister is not satisfied of an applicant’s identity.

If PIC 4020 is part of the criteria for the particular visa you have applied for you must satisfy PIC 4020 in order to be granted your visa.

Visas affected by PIC 4020

If you have applied for any of the following visas, you must satisfy PIC 4020:

  • skilled migration visas
  • business visas
  • temporary visas
  • Student visas
  • Family visas.

Identity requirement

PIC 4020 requires that you satisfy us of your identity to be granted a visa (where that visa includes PIC 4020 as part of the criteria).

If we are not satisfied of your identity your visa may be refused.

This requirement applies to visa applications lodged on or after 22 March 2014 and all visa applications made, but not finally determined before 22 March 2014.

Details: https://www.legislation.gov.au/Details/F2017L01425/Explanatory%20Statement/Text

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