FIELD NOTE 49Qualification & evidence · outerSources checked 3 October 2026

PIC 4020: Bogus Documents, False Information and Identity, and the 858 Integrity Test

Plate / 01 Magnifier examining a puzzle piece with a visible mismatch seam

PIC 4020 tests bogus documents, materially false or misleading information and identity, with 3-year and 10-year refusal look-backs under Schedule 4 of the Migration Regulations 1994, as checked on 3 October 2026. Under clauses 858.227 and 858.326 of the Migration Regulations 1994, PIC 4020 applies to the National Innovation visa (subclass 858) primary applicant and applying family members except on the 858.212(4) security pathway, and disclosure by the applicant does not disapply the false-material rules in PIC 4020(3). Start by comparing your identity records, relevant refusal decisions and documents already supplied with the requirements in Schedule 4 of the Migration Regulations 1994 before lodging or answering a concern.

PIC 4020 rules and look-back periods

Schedule 4 PIC 4020 of the Migration Regulations 1994 separates false-material rules from identity rules; this table reflects the supplied legal compilation in force from 1 July 2026, checked on 3 October 2026.

Rule	Period	Who it covers	Waiver?
PIC 4020(1): bogus documents or materially false or misleading information	This application, or a visa held in the 12 months before this application was made	Material given by the applicant, or caused to be given, to the specified decision-makers and assessment bodies	Paragraphs (1)(a) and (1)(b) are waivable under the PIC 4020(4) test.
PIC 4020(2): refusal under PIC 4020(1)	From 3 years before this application was made until its decision	The applicant and any member of their family unit	Yes, under PIC 4020(4); subject also to the under-18 carve-out.
PIC 4020(2A): establish identity	Identity must be established for the application; this is not a refusal look-back period	The applicant	The Regulations do not list this identity limb among the waivable requirements.
PIC 4020(2B): previous identity refusal	From 10 years before this application was made until its decision	The applicant and any member of their family unit	The Regulations do not list this identity-refusal limb among the waivable requirements; the under-18 carve-out is separate.
PIC 4020(2AA): under-18 carve-out for the 3-year exclusion	Concerns the age when the refused application was made	A refused application made when the applicant was under 18	A statutory carve-out, not a waiver.
PIC 4020(2BA): under-18 carve-out for the 10-year exclusion	Concerns the age when the refused application was made	A refused application made when the applicant was under 18	A statutory carve-out, not a waiver.

Under PIC 4020(1) of the Migration Regulations 1994, the 12-month rule concerns a visa held during that period, not every previous visa application; the 3-year and 10-year refusal periods run through the decision on the new application.

Under Schedule 4 PIC 4020 of the Migration Regulations 1994, waiver powers cover specified false-material requirements, not the identity limbs. The under-18 carve-outs concern the refused application’s lodgement age; they do not exempt a current applicant under 18 from document integrity or identity requirements.

Enquiry information: The site enquiry form accepts questions addressed to Australian Migration Lawyers. For a time-sensitive PIC 4020 issue, contact a qualified practitioner directly.

What is PIC 4020?

PIC 4020 is the document-integrity and identity criterion in Schedule 4 of the Migration Regulations 1994, combining false-material requirements, identity proof and specified refusal look-backs.

“PIC” means “public interest criterion”. Under Schedule 4 of the Migration Regulations 1994, PIC 4020 is a criterion to satisfy where applicable, not itself a free-standing offence or universal ban from Australia. Current false-material concerns, past refusals and proof of identity are distinct checks; only specified requirements have waiver powers.

The subclass 858 application of these rules is explained below, separately from the generic integrity test.

What counts as a bogus document or false information?

A bogus document is a document the Minister reasonably suspects meets the definition in section 5(1) of the Migration Act 1958, while PIC 4020(5) of the Migration Regulations 1994 defines materially false or misleading information by its accuracy when given and relevance to a visa criterion.

Under section 5(1) of the Migration Act 1958, the Minister’s reasonable suspicion must concern one of these categories:

Firstly, a document purporting to have been issued for the person but not issued for them.
Secondly, a counterfeit document or a document altered without authority.
Thirdly, a document obtained because of a false or misleading statement, whether or not that statement was made knowingly.

When checking the appropriate police-certificate evidence, compare the identifying details on the AFP police check for a visa with your original records.

Likewise, compare personal particulars in Form 1221 with supporting records. Home Affairs’ National Innovation visa page says this form may be required.

Does false information have to decide the visa outcome?

False information does not have to decide the visa outcome: PIC 4020(5) of the Migration Regulations 1994 requires it to have been false or misleading when given and relevant to a criterion, whether or not the decision turns on it.

A spelling difference or inconsistent date is not automatically material: the PIC 4020(5) conditions still need to be considered. PIC 4020(1) of the Migration Regulations 1994 covers relevant material supplied to the Minister, an officer, the Administrative Review Tribunal (ART), an assessing authority or a Medical Officer of the Commonwealth.

The 3-year and 10-year PIC 4020 exclusions

The 3-year and 10-year PIC 4020 exclusions check specified refusals involving the applicant or any family-unit member from the relevant pre-application date through to decision, under PIC 4020(2) and (2B) of the Migration Regulations 1994.

The comparison table above separates these refusal checks from the current requirements. Under PIC 4020(2) and (2B) of the Migration Regulations 1994, the family-unit reach is not limited to relatives applying in the same application.

Does the 12-month rule cover every previous application?

The 12-month rule does not cover every previous application: PIC 4020(1) of the Migration Regulations 1994 refers to the current application or a visa held in the 12 months before it was made.

Do the exclusion periods stop at lodgement?

The exclusion periods do not stop at lodgement: PIC 4020(2) and (2B) of the Migration Regulations 1994 extend the relevant refusal checks until the new application is decided.

PIC 4020(2AA) and (2BA) of the Migration Regulations 1994 provide carve-outs for refused applications made when the applicant was under 18. Their application needs checking against the relevant refusal history; waiting 3 or 10 years does not establish eligibility because current document integrity and identity remain separate requirements.

Can PIC 4020 be waived?

PIC 4020 can be waived for paragraphs (1)(a), (1)(b) and subclause (2) under PIC 4020(4) of the Migration Regulations 1994, but the Regulations do not list the identity requirements in (2A) and (2B) as waivable.

Which false-document rules are waivable?

The false-document rules are waivable only where the Minister considers a waiver justified on one of the grounds in PIC 4020(4) of the Migration Regulations 1994.

Firstly, compelling circumstances affecting Australia’s interests.
Secondly, compassionate or compelling circumstances affecting the interests of an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

PIC 4020(4) of the Migration Regulations 1994 gives the Minister discretion, not an entitlement based simply on hardship, family ties or a claimed Australian contribution.

Is the identity test waivable?

The identity test is not listed as waivable: PIC 4020(4) of the Migration Regulations 1994 omits both the current identity requirement in (2A) and the identity-refusal requirement in (2B).

That conclusion follows from the listed waiver powers. The under-18 provisions in PIC 4020(2AA) and (2BA) of the Migration Regulations 1994 are separate statutory carve-outs, not discretionary waivers.

Edited and AI-made documents and PIC 4020

Edited and AI-made documents are addressed on Home Affairs’ Providing accurate information page, which instructs applicants not to modify or create documents using digital editing tools or artificial intelligence.

Separately, Home Affairs’ Providing accurate information page identifies presenting false or forged documents as an offence under section 234 of the Migration Act 1958. The page was updated on 11 May 2026 and checked on 3 October 2026.

The Department’s instruction does not establish that every scan, digital edit or use of AI is automatically a criminal offence. Section 5(1) of the Migration Act 1958 separately includes unauthorised alteration in the bogus-document definition.

PIC 4020 and the 858: EOI claims, Form 1000 and evidence must tell one story

PIC 4020 and the 858 require separate but connected checks: clauses 858.227 and 858.326 of the Migration Regulations 1994 apply the integrity criterion, while clause 858.212(3) requires the area and achievements to match those stated in the invitation.

Clauses 858.227 and 858.326 of the Migration Regulations 1994 contain the 858.212(4) security-pathway exception; it is not an alternative route for ordinary talent applicants. Clause 858.328(2) separately addresses a secondary applicant’s family unit on the family-violence pathway.

Home Affairs’ National Innovation visa page, updated on 4 September 2026, requires application documents to show the achievements claimed in the Expression of Interest (EOI).

Compare the EOI, invitation, Form 1000 and supporting records against the actual achievement, area, dates and roles. Home Affairs’ Form 1000 requires the nominator’s attestation and supporting achievement statements: the nominator should separately check their factual basis. Matching wording is a preparation check, not proof that PIC 4020 is satisfied.

Home Affairs’ Form 1000, design date November 2024, warns that false information raises possible refusal, exclusion-period and later-cancellation consequences, and risks the nominator’s reputation and credibility.

Failure to prove an achievement is not automatically materially false information under PIC 4020(5) of the Migration Regulations 1994. Nor does every pre-application EOI statement automatically trigger PIC 4020: the application-specific material and statutory conditions need checking.

After the grant: cancellation for false information

Cancellation for false information remains possible after grant under section 109 of the Migration Act 1958, following the notice process and a finding of non-compliance with the information duties.

Section 109 of the Migration Act 1958 makes cancellation discretionary, not automatic. Non-compliance may have occurred at any time, including in connection with a previous visa, and need not have been deliberate.

For an immigration-cleared permanent visa holder receiving a section 107 notice, section 107(1A)(b) of the Migration Act 1958 provides a 14-day response period, under the compilation in force from 4 June 2026, checked on 3 October 2026. This is not a pre-grant information-request or review deadline.

Section 140 of the Migration Act 1958 also provides family-visa consequences for specified cancellations, including under section 109. Visas held because the holder is a member of the cancelled visa holder’s family unit are affected; this is not a rule automatically cancelling every relative’s visa.

Answering a PIC 4020 concern in an 858 application

Answering a PIC 4020 concern in an 858 application starts with identifying the disputed material, checking which limb is raised and recording the response deadline; section 57 of the Migration Act 1958 requires comment on qualifying adverse information, not every item the applicant supplied.

Section 57 of the Migration Act 1958 concerns qualifying adverse information not supplied by the applicant for the application. It requires particulars and an invitation to comment where applicable, not a section 57 letter before every PIC 4020 refusal. See natural justice on an 858.

Preserve originals, identify the factual discrepancy, obtain authentic supporting records and address the particular allegation and applicable limb. Do not assume a replacement document removes the concern. Use integrity checks on 858 visa documents to organise the evidence comparison.

Does correcting an answer remove a PIC 4020 concern?

Correcting an answer does not remove a PIC 4020 concern: PIC 4020(3) of the Migration Regulations 1994 preserves the false-material rules even where the applicant disclosed the problem, while section 105 of the Migration Act 1958 requires notification of an answer that was incorrect when given.

Under section 105 of the Migration Act 1958, notify in writing as soon as practicable after learning of the error. Home Affairs’ Form 1023, design date March 2018, or ImmiAccount’s “Notification of incorrect answer(s)” provides the correction channel.

Check the actual invitation and notification details. Section 58 of the Migration Act 1958 and regulation 2.15 of the Migration Regulations 1994 distinguish response circumstances; there is no universal 28-day PIC 4020 deadline or standard written-response period established here for offshore applications.

If a refusal notice has arrived, start with its reasons and notification details, then read why are 858 visa applications refused. For the broader visa context, see the 858 visa.

Ask an Australian migration lawyer to check the PIC 4020 limb raised, the consistency of the EOI and Form 1000 evidence, the authenticity of supporting records and the response deadline before a submission is lodged.

The site enquiry form accepts questions addressed to Australian Migration Lawyers. A reference appears only after the email send is accepted and its status recorded.