Immigration Law

Character Issues and Subclass 835: PIC 4020 and Refusal Risk in 2026

How false details or one family member's character issue can trigger PIC 4020 refusal risk for a whole Subclass 835 case in 2026.

General information only. This guide explains how Australian law usually works. It is not legal advice. For a decision with real consequences, speak to a licensed Australian lawyer.

Yes — in 2026 a character problem or a failure to meet Public Interest Criterion 4020 (PIC 4020) can lead to refusal of a Subclass 835 (Remaining Relative) application, and the consequences are not confined to the person responsible. According to the Australian Department of Home Affairs official page “Remaining Relative visa (Subclass 835)”, as at July 2026, you and family members who apply for the visa with you must meet the character requirement, and the Department might also ask other non-migrating family members to meet it. Schedule 2 to the Migration Regulations 1994 requires the main applicant and each secondary applicant to satisfy listed public interest criteria including PIC 4020, and the Department’s PAM3 procedural guidance describes a “one refusal, all refused” approach to those criteria. This article is general only and does not give personalised professional advice; for your own situation, rely on the official information or appropriate professional advice.

What does meeting the character requirement involve for Subclass 835?

The official eligibility rules require you and any family members who apply for the visa with you to meet the character requirement. The Department may also require non-migrating family members to meet it, so the obligation can reach people who are not travelling to Australia on the visa.

The Migration Regulations 1994 set out the decision-time criteria. The main applicant must satisfy certain public interest criteria (clause 835.223), and each secondary applicant must satisfy the same set of criteria (clause 835.322). The criteria named for this visa are PIC 4001–4005, 4009–4010, 4020 and 4021, with PIC 4019 added where the applicant had turned 18 at the time of application. PAM3 guidance summarises Schedule 4 public interest criteria as covering the health and character related requirements, and the visa cannot be granted while those criteria remain unmet.

How is PIC 4020 assessed, and can false or misleading information breach it?

PIC 4020 sits in the list of criteria assessed when the Department decides the application. The Migration Regulations 1994 identify providing false or misleading information as a breach of PIC 4020 and include it among the common reasons for refusing this visa. The practical effect is that untrue or misleading information or documents can stop the applicant from meeting the decision-time criteria.

The official “gather documents” and “apply” steps both require accurate information, and invite applicants to check what happens where identity cannot be proved or true information is not provided. Those accuracy steps apply to the whole paper application, including Form 47OF Application for migration to Australia by other family members and the sponsor’s Form 40 Sponsorship for migration to Australia, all completed in English.

Can one family member’s problem affect the whole Subclass 835 application?

“One refusal, all refused” means the main applicant and every family member included in the application must meet the required public interest criteria. Because the secondary applicant criteria mirror those for the main applicant, a breach by an included partner or dependent child is not a side issue.

Assume, hypothetically, that the main applicant includes an adult dependent child as a secondary applicant, and that child has supplied a document that breaches PIC 4020. Under the one-refusal, all-refused approach described in PAM3, the failure to meet Schedule 4 criteria can put the entire application at risk, rather than allowing visas to be granted only to the members who are individually clear. The official documents checklist also notes that character documents are required for partners and dependants aged 18 or over, and insufficient materials or non-migration by an included family member can affect whole-case assessment.

What happens if identity cannot be proved or incorrect answers were given?

If the applicant cannot prove their identity, the official page lists the consequences explicitly: the Department will refuse the visa application, might not grant another visa for 10 years, and might not grant any family member listed on the application a visa for 10 years. This is a clear example of a single evidentiary failure following through to everyone named in the case.

Where answers on the application were incorrect, the correct response is notification rather than silence. The after-you-apply steps require applicants to tell the Department as soon as possible and to use Form 1023 Notification of incorrect answers. There is no promise that notification changes the outcome, but it puts the correction on the record before a decision is made.

How can you notify the Department about mistakes or missing information?

Complete Form 1023 Notification of incorrect answers if you made a mistake. If the paper application has been imported into ImmiAccount after the acknowledgement letter, upload the completed form there; if ImmiAccount cannot be used, attach it to a completed Other Family Visa Processing Centre online form. Missing documents should also be provided as soon as possible, again through ImmiAccount or that online form where needed, and changes such as contact details, passport, marital status, the birth of a child, withdrawal, or family violence should be notified after applying.

What are the refusal, refund and review outcomes?

The Department decides in writing, and the applicant must be in Australia when the decision is made. If the visa is refused, the Department will state why it was refused and whether there is a right to review the decision. The application fee is not refunded where the application is refused.

The Migration Regulations 1994 and the Department’s PAM3 guidance refer to merits review and to requests for Ministerial intervention after a public interest criteria refusal, while your enforceable review rights are set out in the written refusal notice. Confirm any review pathway against that notice.

Frequently Asked Questions

Does the character requirement apply to relatives who are not migrating?

Yes. The official eligibility page says you and family members applying with you must meet the character requirement, and it adds that the Department might also ask non-migrating family members to meet the requirement. Being outside the travelling group does not remove the obligation if the Department decides to apply it.

Which public interest criteria must Subclass 835 applicants meet?

The Migration Regulations 1994 require the main applicant and each secondary applicant to meet PIC 4001–4005, 4009–4010, 4020 and 4021 at the time of decision. PIC 4019 is also required where the applicant had turned 18 at the time of application. These criteria are assessed before the visa can be granted.

Can false or misleading information breach PIC 4020?

Yes. The Migration Regulations 1994 identify giving false or misleading information as a breach of PIC 4020 and include it as a common refusal reason for this subclass. Because PIC 4020 is part of the decision criteria, failing it can result in refusal.

How does the “one refusal, all refused” principle affect my family?

PAM3 procedural guidance describes Schedule 4 public interest criteria as operating on a one-refusal, all-refused basis, meaning every included member must meet them. If one secondary applicant fails character-related criteria, the whole application can be refused rather than granted in part.

Can I correct a wrong answer after submitting the paper application?

Yes. The official steps say to notify the Department as soon as possible and to complete Form 1023 Notification of incorrect answers if you made a mistake. Upload it through ImmiAccount if the application has been imported, or attach it to the Other Family Visa Processing Centre online form if ImmiAccount cannot be used.

Will the application fee be refunded if the visa is refused on character grounds?

No. The official page states the Department will not refund the application fee if it refuses the application. The written decision will also tell you whether you have a right to review, but that refund position does not change.

References

Common questions

Do I need a lawyer or a migration agent?+
Many visa applications are lodged directly. A registered migration agent or immigration lawyer helps with complex or refused matters.
What is a Section 48 bar?+
It limits the visas you can apply for while unlawfully in Australia after a refusal or cancellation. A professional can map your options.
Can I appeal a refused visa?+
Often yes — the Administrative Appeals Tribunal reviews many decisions, but strict time limits apply.
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