How Do I Tell an Honest Mistake From a PIC 4020 Issue?

What makes a mistake a PIC 4020 issue?

A mistake becomes a PIC 4020 issue when the wrong information is false or misleading in a material particular, meaning it relates to something capable of affecting the Department's decision. Misstating a previous visa refusal, a previous marriage, a child, a criminal matter or the start date of a de facto relationship is usually material. Our article on PIC 4020 for partner visas explains the criterion in full.

Does PIC 4020 require that I lied on purpose?

PIC 4020 does not require that the applicant lied on purpose, because the courts have held that information can be false or misleading even where the applicant believed it was true. Intent is still relevant, however, to whether the Department exercises the waiver, how it views credibility and whether a section 109 cancellation is pursued later. Our article on false information refusals explains how intent is weighed.

What kinds of mistakes are usually treated as honest errors?

The mistakes usually treated as honest errors are typing mistakes, transposed dates, a misspelt name or an address that is slightly wrong, where the correct information appears elsewhere in the application and nothing turns on the error. Inconsistency between the couple's accounts is a separate problem, explained in our article on conflicting statements. A relationship that was not declared in an earlier visa application is far more serious, as our article on an undeclared relationship explains.

How do I correct an honest mistake before it becomes a problem?

An honest mistake is corrected by notifying the Department of the incorrect answer in writing, usually by Form 1023, with a short explanation and the correct information. Section 104 requires this as soon as the applicant becomes aware of the error. A correction made voluntarily, before the Department raises the issue, gives the strongest basis to argue that the mistake was honest and not material. Applicants who are unsure whether an earlier answer was wrong should take advice before filing the correction, so that the explanation is accurate and complete the first time it reaches the Department.

What happens if the Department raises PIC 4020?

If the Department raises PIC 4020, it will usually send a natural justice letter under section 57 setting out the information and inviting comment within a short, strictly applied time limit. The response must deal with materiality, the explanation for the error and, where relevant, the waiver. Our article on section 57 adverse information explains how to respond, and our article on false documents covers bogus document allegations.

How does My Migration Lawyers separate an honest mistake from a PIC 4020 risk?

My Migration Lawyers separates an honest mistake from a PIC 4020 risk by comparing the incorrect answer with every earlier application and document the Department holds, then assessing whether the error could have changed any finding. Where the error is minor, the firm prepares the correction with a clear explanation. Where it is material, the firm prepares submissions on materiality and the waiver before the Department forms a view. Applicants can learn about our partner visa lawyers and request a consultation.