# imiigration after rejection under 4020 PIC



## mehra31 (Oct 24, 2013)

Hi all 

I was rejected student visa in July 2013 this year under PIC 4020 with a 3 gears ban which obviously will not let me apply for a student visa again . I am looking forward to apply for subclass 190 or 489 in year 2015 Jan . Under the state sponsorship .... All I wanted to know is that as my 3 year ban will still be active in 2015 will it effect the processing and result of my visa in the above mentioned subclass???


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## melindajackson (Oct 16, 2013)

Hi Mehra31

If you have had a visa refused in the 3 years preceding the next visa application because of PIC 4020, you will not generally be able to apply for another skilled, student or family visa.

The timing of the bar is a little bit tricky: in simple terms, wait 3 years from the date of refusal of the first visa application. Even though PIC 4020 is a "time of decision" criteria on the second application, i.e. a rule that you have to meet at the time the DIBP comes to assess your application, the bar period is actually the 3 years immediately prior to application for the second visa.

There is a waiver of the bar available but in my experience the test is very difficult to meet; there must be compassionate and compelling circumstances affecting the interests of Australia/an Australian citizen or permanent resident. There would have to be a pretty good reason why you still should get the visa despite the bar.

It might be a good idea to seek advice from a lawyer or migration agent to assess your options and discuss the waiver, if this is something you are keen to pursue. With cases like this, even after you have waited out the 3 year bar, the DIBP will still scrutinise your application more than usual.

Hope this helps.

Kind regards
Melinda 

Melinda Jackson
Partner 
MARN: 1175135
Hanna Jackson Lawyers


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## mehra31 (Oct 24, 2013)

Thk you soo much for the advise Melinda , as I was going through the immigration website of Australia the visa subclass that are subject to refusal under PIC 4020 rejection dose not contain 190 and 489 subclass visas . But again as u suggested talking to lawyer or migration agent might help . 
But since my agent has made a fraud in my previous case I am doubtful and look for solutions directly from immigration department . If you have any idea about it please help me out ..


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## melindajackson (Oct 16, 2013)

Hi Mehra31

PIC 4020 does apply to all skilled visas including 489, 189 and 190. You may have been looking at an old announcement or fact sheet from when the law first changed in 2011 (when the old visa subclasses existed).

I would definitely steer clear of migration agents who submitted fraudulent documents. It has been clearly established in case law that an agent submitting a false document is no different to a person submitting it themselves.

If you need legal advice, you can search the MARA website for a lawyer or agent, or ask for recommendations from a friend or family member who had a good experience.

Kind regards
Melinda 

Melinda Jackson
Partner 
MARN: 1175135
Hanna Jackson Lawyers


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## mehra31 (Oct 24, 2013)

Thank you very much for the update Melinda in this case I don't have much options left . I will have to wait for 3 years for the ban to be uplifted and then try again . Also if you have an idea about , if I can apply for partner visa ? As I am single as of now ...but may be get married in coming 3 years while my cooling off period is active ... 
Also will my this rejection affect my prospects to get a visa for CAnada or NZ.
Sorry for so many questions


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