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COMPLEX MATTERS

Complex Migration Matters

Navigating stringent legal parameters and procedural issues with experience and clarity.

Navigating the Australian visa system can be complex. Complex matters call for experienced responses to tackle the issue with precision. At Wintr Consulting, we assist with health waivers, PIC 4020, Schedule 3 waivers, VACCU referrals, family violence provisions and more. 

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PIC 4007 - Meeting the Health Requirement

Health Waivers (PIC 4007)

Visa applicants must meet certain health criteria to protect public health and limit pressure on healthcare and community services. PIC 4007 is a public interest criterion that allows for a health waiver. This means the visa may still be granted despite not meeting health requirements if the Department is satisfied that waiving the requirement will be unlikely to cause undue cost to the Australian community.

Significant Cost Threshold (SCT)

The current Significant Cost Threshold (SCT) is $86,000. Applicants may not meet the health test not because of the condition itself, but because the Medical Officer of the Commonwealth (MOC) has estimated the cost of treatment exceeds this threshold over a 5-year period. The health waiver offers an opportunity to demonstrate the MOC’s estimate is excessive or to prove your ability to mitigate these costs.

PIC 4020 Waivers – False Information & Bogus Documents

PIC 4020 addresses two core elements: whether a bogus document was provided (or false information given), and whether identity is confirmed.
Category Definition Examples
Bogus Document Any document that claims to be genuine but is not, has been altered, or was obtained via false information. Fake employment letters, altered birth certificates, genuine documents obtained with false details.
False Information Information that is untrue, incomplete, or presented in a way that could mislead the Department. Inaccurate employment dates, omitting visa refusals/convictions, inconsistent details across forms.
False Identity Identity may be in doubt if documentation is seemingly fraudulent, inconsistent, and unverifiable. Providing a fake passport, name, date of birth and nationality.

Consequences

If your visa is refused or cancelled under PIC 4020, a ban of 3 years applies for false information, and up to 10 years for false identity documents. There are no waiver provisions for matters involving fraudulent identity.

Waivers

If the Department suspects false information, they will issue a notice. This is a critical opportunity to explain discrepancies or correct misunderstandings. A PIC 4020 waiver is requesting the Department ‘waive’ the 3-year ban only in limited circumstances involving compelling and compassionate grounds affecting an Australian citizen or permanent resident.

Meeting the Schedule 3 Requirement

Schedule 3 applies to onshore applicants who do not hold a substantive visa (e.g., they are on a Bridging Visa or unlawful) at the time of application. A waiver requires the applicant to provide compelling and/or compassionate reasons justifying why the visa should be granted despite this status.

No Further Stay Waivers

Conditions such as 8503, 8534, and 8535 prevent the holder from applying for most new visas while in Australia. A request to waive this can be made where there exist compelling circumstances beyond the applicant’s control that arose after the initial visa was granted (e.g., sudden illness, natural disasters).

Visa Applicant Character Consideration Unit (VACCU)

VACCU is a specialised branch responsible for assessing applicants who may not pass the character test under section 501 or 501CA. VACCU provides recommendations to case officers on whether a visa should be refused or granted.

Processing Delays

Referrals to VACCU are often called ‘black holes’. A common trend is processing times of up to 5 years or longer. VACCU reviews the entire immigration, criminal, and personal history, often requesting records from multiple foreign jurisdictions.

Family Violence Provisions

These provisions ensure applicants are not forced to remain in an abusive relationship to maintain their visa status. They allow certain applicants (e.g., Partner visa holders) to continue with their permanent application if the relationship ended due to family violence.

Definition: Actual or threatened conduct that causes fear for wellbeing or safety, including physical/sexual assault, emotional abuse, financial control, or coercive behaviour.

Evidence Type Description
Judicially Determined Evidence issued by a court, such as a Family Court injunction, domestic violence protection order, or conviction.
Non-Judicially Determined If no court order exists, applicants must submit statutory declarations and independent reports from police, doctors, psychologists, or social workers.