From Refusal to Relief: Winning a PIC 4020(1) Appeal at the Tribunal

As migration professionals, we often meet clients who face unexpected challenges in their visa journey. One of the most stressful situations for applicants is receiving a visa refusal—especially when it involves Public Interest Criterion (PIC) 4020(1). PIC4020(1) basically means that A visa can be refused if the applicant provides, or causes to be provided, false or misleading information or bogus documents in relation to their application.

Recently, we represented a client in such a case before the Administrative Appeals Tribunal (ART), and we are pleased to share that the Tribunal remitted the refusal decision. The client’s application is now active again and will continue to be assessed by the Department of Home Affairs.

Such refusals can be devastating, not only for the applicant but also for their family and community. In many cases, it may feel like the end of the road. However, the appeals process through the ART can provide a second chance, provided the case is carefully prepared and supported by strong evidence.

As the client’s representative, we took a structured and detail-oriented approach:

1. Thorough Case Review – We carefully analysed the refusal decision, identifying the weaknesses and points of challenge.

2. Detailed Submission Preparation – A comprehensive submission was drafted, addressing the specific concerns under PIC 4020(1) and providing a legal and factual basis for a waiver.

3. Supporting Evidence – We gathered documents, statements, and relevant materials to demonstrate the client’s genuine circumstances and integrity.

4. Hearing Representation – At the ART hearing, we presented the case persuasively, focusing on both the technical legal requirements and the compassionate, human elements of the client’s situation.

This was a huge relief for the client and a reminder that with the right preparation, even complex visa refusals can be challenged successfully.

If you are facing a similar visa refusal or issues under PIC 4020(1), don’t lose hope. Every case is unique, and with the right preparation and representation, you may have a strong chance of success.

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