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Exclusion Periods

If you leave Australia as an unlawful non-citizen (i.e. you did not hold any type of visa when you left Australia), or as the holder of a Bridging Visa Class C, D or E granted outside of certain specified timeframes, you may be prevented from obtaining another Australian visa for a period of 3 years.

Under Schedule 4 of the Migration Regulations 1994, certain “Public Interest Criterion” (PIC) apply to such people. The two most common types of PIC people run afoul of are PIC 4013 and PIC 4014.

PIC 4013 and PIC 4014 contain “Exclusion Periods”, meaning that if an applicant does not satisfy the criteria set out in a given PIC, then unless exceptions apply, they cannot be granted a visa within a period of 3 years from a given date, commonly referred to as a “re-entry ban”.

Public Interest Criterion 4013

This criterion applies to people who have had a visa cancelled. If an applicant fails PIC4013, in that they have had a visa cancelled and are applying for a new visa within three years of the visa cancellation, the visa cannot be granted unless there are:

1. compelling circumstances that affect the interests of Australia; or

2. compassionate or compelling circumstances that affect the interests of an Australian citizen or an Australian permanent resident or an eligible New Zealand citizen,

Public Interest Criterion 4014

This criterion affects visa applicants who are applying for a visa to Australia after having departed Australia as an unlawful non-citizen, or the holder of a Bridging Visa Class C, D or E granted after a specified timeframe.

Applicants who fall within this description and are applying within three years of their departure from Australia for a new visa cannot be granted a visa unless there are:

1. compelling circumstances that affect the interests of Australia; or

2. compassionate or compelling circumstances that affect the interests of an Australian citizen or an Australian permanent resident or an eligible New Zealand citizen.

Exceptions

Despite the operation of both PIC4013 and PIC4014, if an applicant fails either (or both) of those PIC’s, if the new visa being applied for does not have PIC4013 or PIC4014 as a criteria for the grant of that specific visa, then applicants can still have another visa granted.

For example, PIC 4013 and PIC 4014 do not apply as a visa criterion to application for the following visas:

1. Employer Nominated Scheme (Subclass 186);

2. Regional Skilled Migration Scheme (Subclass 187); or

3. Partner Visas.

This means that even if applicants have had a visa cancelled or departed Australia after being an unlawful non-citizen or the holder of certain classes of Bridging Visas, they may still be eligible to have the above mentioned visas granted if they satisfy all the relevant eligibility criteria for the given visa they apply for.

Contact Us

If you left Australia as a unlawful non-citizen or a holder of a Bridging Visa Class C, D or E, or had your last Australian visa cancelled, you should contact us to see if you may still be eligible for a new Australian visa on the basis that:

1. there are compelling circumstances that affect the interests of Australia, or compassionate or compelling circumstances that affect the interests of an Australian citizen or an Australian permanent resident that apply to you; or

2. you wish to apply for a visa that is not subject to the relevant Public Interest Criterions.

We offer all our prospective clients an initial meeting, during which we will thoroughly explain the law surrounding this area to you and inform you of the process moving forward.

To organize a initial consultation with us, please contact one of our experienced immigration lawyers on (02) 9590 3987.