PIC 4013
If an applicant’s visa is cancelled, a three-year ban will be triggered, restricting them from applying for most temporary visas again.
About PIC 4013
Public Interest Criterion (PIC) 4013, under the Migration Regulations, is a key provision that primarily applies to applicants whose visas have been cancelled due to breaches of visa conditions or violations of relevant laws. Once PIC 4013 is triggered, applicants generally face a three-year exclusion period during which they cannot apply for most temporary visas either onshore or offshore. Unlike PIC 4014, PIC 4013 more directly restricts the applicant’s eligibility to remain in Australia. However, this criterion does allow for certain exceptions and waivers. If applicants can demonstrate compelling circumstances or meet exemption conditions under migration law, the Department of Home Affairs may decide not to enforce this bar.
When PIC 4014 Is Triggered
If a visa applicant or holder has had a visa cancelled by the Department of Home Affairs within the past 3 years, PIC 4013 may be triggered, resulting in a three-year “visa exclusion period.” During this 3-year period, most temporary visas (such as student visas, working holiday visas, work visas, or visitor visas) will usually not be granted. This restriction applies whether the new application is lodged onshore or offshore.
Common visa cancellation grounds that trigger PIC 4013 include:
s109: Providing false or misleading information.
s116: No longer meeting visa conditions, or being considered a risk to public interest.
s128: Visa cancelled while the applicant is outside Australia.
s133A / s133C: Minister personally cancels a visa under s109 or s116 powers.
s137J: Automatic cancellation of student visas due to non-attendance or unsatisfactory academic progress (although repealed, still relevant to historical cases).
PIC 4014
VS
PIC 4013
PIC 4013: Applies in situations of visa cancellation.
PIC 4014: Applies in situations of overstaying after visa expiry.
Both can lead to a 3-year exclusion period, but apply to different scenarios.
Exclusion Period
The three-year exclusion period starts from the date the visa is cancelled.
Visas Not Affected by PIC 4013
PIC 4014 does not apply to applicants directly applying for Australian permanent residence visas (such as Subclass 186 Employer Nomination Scheme, Subclass 189 Skilled Independent, or Subclass 309 Partner visa). These types of permanent residence pathways are not impacted by PIC 4013.
Exemption
An applicant may be granted exemption from PIC 4013 if there are compelling or compassionate reasons, or circumstances beyond their control:
Impact on Australia’s Overall Interests
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Failure to grant the visa would adversely affect Australia’s trade or commercial opportunities;
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Failure to grant the visa would damage Australia’s international relations;
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Failure to grant the visa would cause Australia to lose the applicant’s significant contributions in business, economy, culture, or other areas.
(Excludes situations where applicants only claim they would work, pay taxes, study, or spend money in Australia.)
Circumstances Beyond the Applicant’s Control
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Health issues;
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Unavoidable airline delays;
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Delays in issuing travel documents;
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Applicant was a minor when the visa expired and could not take responsibility for departure.
(Excludes cases where the applicant overstayed due to not knowing ETA conditions, not noticing visa expiry, or misunderstanding cruise travel rules.)
Last Substantive Visa as a Student Visa
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Clear evidence shows the applicant was a genuine student in Australia;
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No deliberate misuse or attempt to evade migration laws;
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Applicant intends to continue studying and can provide clear evidence and plans to support further study.
Impact on Australian Citizens or Permanent Residents
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An Australian citizen’s business would be forced to close due to the applicant’s unique skills being unavailable;
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A permanent resident’s civil litigation would be jeopardized without the applicant’s testimony;
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An eligible New Zealand citizen could not complete divorce proceedings without the applicant’s presence in Australia.
Compassionate Circumstances
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Australian family members would lose financial or emotional support;
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Australian families would be unable to arrange or attend a relative’s funeral;
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Australian parents would be separated from their children (e.g., a child forced to leave with the applicant parent).
Case Examples
Student Visa Case: A student overstayed for 2 months, triggering PIC 4014. However, medical surgery prevented departure, and complete medical evidence was provided, exemption granted.
Work Visa Case: A 457 visa holder overstayed due to misunderstanding, without sufficient justification, exemption refused, barred from applying for temporary visas for 3 years.
Frequently Asked Questions
If my visa was cancelled due to a minor mistake, will PIC 4013 still apply?
Yes. Any cancellation under s109, s116, s128, s133A/133C, or s137J may trigger the 3-year bar, regardless of whether the mistake seems small, unless a waiver is granted.
Does PIC 4013 mean I have zero chance for three years?
Not entirely. Most temporary visas will be refused, but certain permanent visas or applications with valid waiver grounds may still succeed.
If my visa was cancelled while I was outside Australia, does PIC 4013 still apply?
Yes. PIC 4013 applies to both onshore and offshore applications; the cancellation record follows you regardless of location.
Can I bypass PIC 4013 with a student or working holiday visa within the 3-year bar?
No. Most temporary visas, including student and working holiday visas, are covered by the exclusion period.
If I appeal immediately after my visa is cancelled, does that stop PIC 4013 from applying?
No. The cancellation record remains. Only a successful appeal may negate the effect of PIC 4013.
If my visa was cancelled under s137J (automatic student cancellation), can PIC 4013 still apply now?
Yes. Even though s137J has been repealed, historical cases may still activate PIC 4013.
Does the Department have discretion not to apply PIC 4013?
Yes. If compelling, compassionate, or statutory exemption grounds exist, the Department can decide not to enforce PIC 4013.
If my visa was cancelled for being a ‘risk to public interest,’ is a waiver nearly impossible?
Extremely difficult. Cancellations linked to public interest or security risks have very low chances of waiver approval.
Does the 3-year period start from when I leave Australia or from the cancellation date?
It starts from the date of visa cancellation, not from the date of departure.
If I apply for a permanent visa like 186 or 189, will PIC 4013 block me?
No. PIC 4013 primarily restricts temporary visas and generally does not apply to permanent visa subclasses.
Note: This FAQ is general information only and not legal advice. Settings (e.g., eligibility tests, exemptions, and evidentiary rules) can change; always check the latest legislative instruments before applying.
