What is the Public Interest Criterion (PIC) 4001 ?

The Public Interest Criterion (PIC)4001 is a section of the Migration Act 1958, that ensures that any person wishing to visit, or migrate to Australia temporarily or permanently must satisfy the character requirement as set out in the Migration Act.

When does an applicant not pass the character test?

The act sets out that an applicant will not pass the character test if any of the below applies:

• They have a substantial criminal record
• they have been convicted of an offence while in immigration detention, escape from immigration detention, or been convicted of an offence of escaping from immigration detention
• in regards to the persons past and present general criminal conduct, the person is judged not to be of good character
• there is a significant risk that the person will engage in criminal conduct such as harrasing, molesting, intimidating, or stalking another person, or vilifying, inciting discord against a segment of the Australian community, or the general Australian community, or the person represents a danger to the Australian community, or a segment of that community.

Can a waiver of this requirement be made?

When the application is being assessed the decision makers will make a decision on whether to grant of refuse the application, or cancel the visa entirely.

If you believe you may not pass the character test aka PIC 4001 it is best to contact us as soon as possible and before an application is made.

Submissions/requirement waivers can be submitted in support of an application based on certain circumstances.

Please contact us today for further information regarding the Public Interest Criterion 4001 or any other requirements you may have.