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PIC 4013
Public Interest Criterion 4013 (PIC 4013) allows the Department of Home Affairs to refuse a new visa application if you’ve previously held a visa that was cancelled due to serious breaches, such as providing false or misleading information, working without permission, or breaching visa conditions.
Even if your current visa application is entirely genuine, your past visa history alone may trigger a PIC 4013 refusal.
You may be affected by PIC 4013 if your previous visa was cancelled due to a “risk factor”. The Migration Regulations define several situations that count as risk factors.
Here is a summary of when PIC 4013 may apply:
You are affected by a risk factor if:
Even if you did not deliberately break the law, your immigration record may still be considered a risk under this provision.
Yes—but there are two strict pathways that allow a visa to be granted:
You can reapply after 3 years from the date of your visa cancellation or Minister’s determination.
You may be granted a visa within 3 years if the Minister is satisfied that:
These situations require detailed legal submissions and strong supporting evidence.
While you may believe your previous visa cancellation is behind you, the Department of Home Affairs doesn’t automatically disregard past breaches. Under PIC 4013, a past visa cancellation can carry lasting consequences, especially if it was linked to false statements, forged documents, or condition breaches.
Even if your current application is truthful and complete, the previous conduct may still be seen as a risk to the integrity of Australia’s migration system. The Department must weigh whether your new application reflects genuine reform or simply attempts to bypass the system again.
However, all is not lost. If you’ve made demonstrated efforts to rebuild your immigration record, shown clear ties to Australian citizens or permanent residents, and provided transparent documentation, the Department may be persuaded to exercise discretion—especially where hardship or compassion is evident.
Despite how serious PIC 4013 sounds, there are pathways available to rebuild your immigration prospects. But timing, strategy, and presentation are everything.
If more than three years have passed since your cancellation, you may be eligible to apply again without needing to meet the “compelling or compassionate” threshold. In that case, your application will be assessed on its merits—though your history will still be reviewed.
If applying within three years, you’ll need to present strong, well-supported arguments. This might include:
With the right legal help, you don’t have to let one mistake or one cancelled visa determine your entire future. We are here to help you move forward—with dignity, clarity, and legal precision.
If you’ve discovered that PIC 4013 applies to your case, or you’ve received a letter from the Department referring to a past visa cancellation, you may feel stuck—unsure of what to say, whether to reapply, or if you’ve already missed your chance.
These situations often leave applicants feeling confused, frustrated, and alone. But here’s what’s important to understand:
That’s why getting the right legal advice at the right time can make all the difference. Whether you’re already mid-application, preparing to lodge, or unsure what to do next—we can step in, assess your situation clearly, and help you make a confident, informed decision about your next steps.
Dealing with PIC 4013 is complex and emotionally draining. At Jade Immigration Lawyers, we support clients who have faced visa cancellation and are now trying to move forward.
Here’s how we can help:
We offer confidential, strategic, and compassionate assistance to help you rebuild your visa pathway.
Speak with Jade Immigration Lawyers today – we’re here to help you.
📞 Call us: 0485 907 989
📧 Email: jade@jadeimmigrationlawyers.com.au
📝 Submit an online enquiry or
📅 Book a consultation now to get personalised immigration advice from our experienced team. We assist clients across Australia and internationally.
Find answers to common questions about our Public Interest Criteria (PIC) services and processes. If you need further assistance, please contact us.
It’s a visa refusal criterion that applies if your previous visa was cancelled due to false information, breach of conditions, or risk factors.
Yes. You can reapply after 3 years, or sooner if you meet the compelling or compassionate grounds exceptions.
Examples include separation from an Australian child or spouse, medical needs, or community harm from refusal.
You’re not legally required to have one, but legal support greatly increases your chances of success, especially in complex refusal cases.