Migration Legislation Amendment (2014 Measures No. 2) Regulation 2014 makes some welcome changes (amongst other things) to PIC 4020. The following extract from the Explanatory Memorandum sums it up quite well:
PIC 4020 is a ‘one fails, all fail’ criterion, whereby all applicants for a visa would not be granted a visa if a bogus document, or false or misleading information is provided by any of the applicants, or where any of the applicants fail to satisfy the delegate of their identity.
Amendments to PIC 4020
These changes will ensure that minors are not unfairly affected by the fraudulent actions of their parents or guardians by exempting them from the periods specified in PIC 4020(2) and (2B). The policy is based on the department’s view that a minor should not be penalised for the fraudulent actions of a parent/s or guardian/s.
This amendment applies both to minors who are onshore and those who are offshore at the time of application for a visa. Australia’s human rights obligations are engaged only in relation to persons within its territory and/or jurisdiction. As such, the analysis of the human rights implications of this amendment is relevant only to the extent that it applies to persons who seek to apply for a visa whilst onshore (that is, in Australia at the time of visa application). PIC 4020 applies to all skilled migration, student, business skills, family and temporary visas, but not to Refugee and Humanitarian visas. In respect of people already onshore, Articles 3 and Articles 16(1) of the CRC may be relevant.
Creative commons acknowledgement for the photograph.
