Had a Visa Cancelled or Departed Unlawfully? Understand Your Options

​In a recent blog article we discussed the issues people can face if they have had a visa cancelled previously in Australia. Importantly, these problems arise by virtue of a set of strict visa criteria known as Public Interest Criteria (PIC). Accordingly, the aim of this blog will be to better explain what exactly PIC is, when it applies and what options there are to 'get around them'.

The purpose of PIC is to identify visa applicants who may pose a risk to Australia because of previous breaches of immigration law and preclude certain persons from entering Australia, or in other words, make it harder for people who have done not so good things from staying or coming back. Arguably, the two most common types of PIC people often run afoul of are PIC4013 and PIC4014 respectively. Importantly, both PIC4013 and PIC4014 contain 'exclusion periods', meaning that if an applicant does not satisfy the criteria set out in each respective PIC, then unless exceptions apply, they cannot be granted a visa within a specific time frame - more commonly referred to as a 'ban' or 'red flag' from having a visa granted.

What Is PIC4013

PIC4013 applies to people who have had a visa cancelled under certain provisions within the Migration Act. Accordingly, if an applicant 'fails' PIC4013 - as in they have had a visa cancelled and are applying for a new visa within three years of the visa cancellation - then unless 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 citizen, then the newly applied visa cannot be granted. However, this does not necessarily apply to all new visas applied for (better explained below).

What is PIC4014

PIC4014 on the other hand relates to visa applicants who are applying for a visa to Australia after having departed Australia after being unlawful, or the holder of a BVC, BVD or BVE for more than 28 days. Accordingly, for applicants who fall within this description and are applying within 3 years of their departure from Australia, unless there are compelling circumstances that affect compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, then as above, the new visa cannot be granted. 

Options If You Fail PIC4013 and PIC4014
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Importantly however, despite the operation of both PIC4013 and PIC4014, if an applicant fails either (or both) of those PIC, if the new visa being applied for does not have PIC4013 or PIC4014 as a criteria for the grant of that specific visa, then applicants can still have another visa granted. For example, PIC4013 and PIC4014 do not apply to ENS (186), RSMS (187) or Partner visas, just to name a few. Meaning that even if applicants have had a visa cancelled or departed Australia after being unlawful, they may still be eligible to have the above mentioned visas granted. We say 'may', because applicants will still need to meet all other criteria for the visa applied for.

If you feel you do not satisfy PIC4013 or PIC4014 or require immigration assistance in general, then contact our migration agents in Brisbane today by giving us a call on 1300 MIGR8TE (644 788) or send your questions to enquiry@salvomigration.com.au and thank you for visiting Salvo Migration! 

Originally Published here: Had a Visa Cancelled or Departed Unlawfully? Understand Your Options

Originally Published here: Had a Visa Cancelled or Departed Unlawfully? Understand Your Options