PIC 4020 CHANGES DISALLOWED

Earlier in November, the government made changes to Public Interest Criteria 4020 (‘the integrity PIC’), extending its application to any visa held by the applicant in the last 10 years – see our blog published on 9 November 2017.

The changes were implemented by a legislative instrument entitled ‘Migration Legislation Amendment (2017 Measures No. 4) Regulations 2017.’ Unlike a Bill, which is debated and voted on in Parliament before becoming law, regulations come into force immediately once they are signed off on by the Governor-General. They are then tabled in Parliament, at which point politicians can move to have them "disallowed" within 15 days.

On 14 November 2017, Senator Nick McKim introduced a motion to disallow this instrument and after a number of postponements, the Senate finally disallowed it on 5 December 2017. The instrument has now ceased to be in effect and is labelled “No longer in force” on the Federal Register of Legislation - https://www.legislation.gov.au/Details/F2017L01425.

Effectively, this means that the changes are taken never to have happened, and the integrity PIC will remain as it was prior to the changes – applying only to visas held by the applicant in the last 12 months.

It is unclear whether the Department of Immigration will seek to lodge a new instrument with similar changes. If you have concerns about the integrity PIC potentially affecting your visa application, get in touch with Putt Legal today!