Complex Visa and Compliance Issues
Our experienced team of Registered Migration Agents provide advice on complex matters including:
- Sponsorship Monitoring and Notices of Intention to Take Action
- Adverse Information allegations
- Section 501 – Character matters
- PIC 4020 – False and misleading documents
- Health Waivers
- Visa refusals and cancellations
- Applications to the Administrative Review Tribunal (ART)
- Ministerial Intervention Requests
- Employer sanctions and investigations
We assist employers by providing:
Clear, Realistic Assessments
Advice on available options and the likelihood of success in pursuing review applications.
Strategic Guidance
Responding to Department requests and preparing applications for review with the Administrative Appeals Tribunal.
Evidence-based Submissions
Assistance in presenting strong, well documented cases within required deadlines.
Compliance Support
Ongoing advice to help employers understand obligations and minimise workforce disruptions.
Character matters
Character Matters
Section 501 of The Migration Act 1958 sets out when a visa applicant or holder fails the character test, which assesses factors such as:
- Substantial criminal records
- Associations with criminal groups
- Violent or harmful behaviour
- Risks to public safety or national interest
Consequences:
- Visa Refusal: Home Affairs may issue a Request for Further Information (RFI) or refuse the application
- Visa Cancellation: The sponsored worker loses their lawful residence status, including loss of work rights
- Employer Impact: Visa delays or loss of sponsored worker
While many employers request a worker to provide a pre-employment police clearance, the visa process involves a more extensive character assessment.
Full disclosure of all past and current convictions committed in Australia and overseas are required (including spent convictions or any removed from record).
Home Affairs’ assessment of the character test can lead to significant delays in visa processing and possibly result in a refusal.
Employees need to continue meeting character requirements once their visa is granted to avoid visa cancellation.
PIC 4020
Public Interest (PIC) 4020
PIC 4020 of the Migration Regulations applies when applicants provide bogus documents or false/misleading information in a visa application. It includes:
- Identity issues
- Fake qualifications
- Altered records
- Undisclosed convictions or information
Consequences:
- Visa refusal: The Department may issue a Request for Further Information (RFI) and refuse the visa
- Bars on future visas: Applicants may face bars on applying for most visas
- Employer Impact: Visa delays or loss of sponsored worker
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Interstaff Case Example – PIC 4020 (Work References):
A restaurant manager’s visa application was flagged under PIC 4020 for allegedly providing bogus work references.
Interstaff’s migration agents:
- Consulted with the applicant and referee to confirm references were genuine
- Requested additional documents to establish applicant’s employment history within the business
- Prepared a detailed submission with supporting declarations
- Addressed the legal definition of a ‘bogus document’ and explained why work references did not meet that threshold
- Responded to all Department concerns, demonstrating authenticity of the evidence
Outcome: The submission confirmed the applicant’s genuine employment history, successfully addressing PIC 4020 concerns.
This led to a visa grant and avoided a visa refusal that would have required a review at the Administrative Reviews Tribunal level.
Workplace BReaches
Adverse Information
Adverse Information refers to negative findings about an employer or business that may affect their ability to sponsor overseas workers.
The Department considers this information when assessing sponsorship applications, nominations, and visa grants.
Adverse Information includes:
- Breaches of workplace laws (e.g., Fair Work Act, workplace health & safety)
- Sanctions or penalties imposed by government agencies
- Insolvency, bankruptcy, or liquidation proceedings
- Previous failures to meet sponsorship obligations
- Misleading information in sponsorship or nomination applications
- Any other conduct raising concerns about employer suitability as a sponsor
Consequences:
- Sponsorship refusal or cancellation: Prevention from sponsoring new workers or loss of existing sponsorship approval.
- Nomination refusal: Nominations for employees may be refused.
- Visa refusal: Sponsored employees may have their visa refused.
- Employer impact: Workforce disruption, reputational damage, and potential penalties for non-compliance such as increased scrutiny for future applications and loss of sponsorship rights.
Interstaff respond to Department concerns for adverse information by preparing evidence-based submissions that reinforce the employer’s suitability as a sponsor.
PIC 4007
Public Interest Criteria (PIC) 4007 Health Waivers
PIC 4007 is a provision in the Migration Regulations 1994 that sets the health requirement for certain visas, including the sponsored 482 and some 186 Visas.
Usually, failing the health requirement leads to visa refusal. However, PIC 4007 allows a health waiver if all other visa criteria are met and strong evidence is provided that:
- The applicant’s condition will not impose excessive costs or restrict access to services.
- There are compelling reasons to grant the visa.
Exceptions apply, including active cases of tuberculosis or conditions posing a public health risk for which no waivers are available.
Employer Impact:
Health Waivers can significantly delay the visa process, however they can be critical to engage skilled workers with applications that would otherwise lead to visa refusal.
Interstaff prepares evidence-based submissions, including employer letters, community connection and financial evidence to support a health waiver application.
Visa Refusals
Refusals and Visa Cancellations Australia
If your employee receives a visa refusal or cancellation, swift action within the deadlines outlined on the Department’s notice is essential. Missing deadlines to request a review of the Department’s decision by the Administrative Review Tribunal (ART) can result in the employee being required to leave Australia.
Interstaff evaluates cases to advise if sufficient evidence can be provided to pursue a review with the ART or apply for a new visa.
ART visa refusal appeal
Our overview of the process to review a visa refusal decision with the Australian Administrative Review Tribunal (ART) explains how Interstaff support applicants throughout the process.
1. Submit a Review application
Interstaff provide direct and upfront advice about your claims, develop a strategy for the review and prepare and lodge the application with the ART.
2. ART Review
The ART examines the original application against migration legislation and may request additional information.
Interstaff provides specialist advice and guidance on the preparation of your evidence and prepares submissions on your behalf.
3. Decision or Hearing
The ART will either decide on the application or invite the applicant to a hearing. If a hearing is required, Interstaff supports the applicant in preparing their case.
4. Outcome
The ART may:
- Affirm the original visa decision
- Change the decision
- Return the case to the Department of Home Affairs with specific directions
5. Further Options (if unsuccessful):
- Ministerial Intervention: Request for review by the Minister available in exceptional circumstances. Interstaff can assist if required.
- Federal Court Appeal: Available only if the ART made a legal error.
Requests for ministerial intervention
Ministerial Intervention is a process available in limited situations after review by the ART. It allows the Immigration Minister to grant a visa if it is in the public interest.
It is considered in exceptional or compelling circumstances, such as:
- Significant hardship to the applicant or their employer if the visa is not granted
- Unique skills or contributions that benefit Australia
- Strong ties to Australia (such as employment, community and family)
Ministerial Intervention is discretionary and rare – although Interstaff have pursued these in the past with success.
Employer Impact:
- Employers may face uncertainty as applications can take significant time.
- It provides a last resort option and if declined, the applicant must depart Australia.
Interstaff provide direct and upfront advice on your claims and prepare strong, evidence-based requests that highlight the employee’s value and compelling reasons for intervention.
Contact Interstaff for assistance with a Ministerial Intervention request and complex migration cases.
Employer sanctions and investigations
The employer sanctions provisions of the Migration Act and Regulations empower the Department of Home Affairs to investigate and penalise employers who breach migration or workplace laws when hiring or sponsoring overseas workers.
Employer sanctions apply for:
- Employing non-citizens without valid work rights
- Breaching sponsorship obligations
- Exploiting sponsored workers or failing to comply with workplace laws
- Any conduct raising concerns about the employer’s suitability as a sponsor
Consequences:
- Civil or criminal penalties: Employers may face fines or prosecution
- Sponsorship cancellation: Approval to sponsor workers can be withdrawn
- Nomination refusal: Applications for specific employees may be refused
- Visa impact: Sponsored employees may have visas refused or cancelled
- Employer Impact: Workforce disruption and potential for reputational damage, loss of sponsorship rights, increased scrutiny for future applications and financial penalties
Interstaff helps employers manage risks, maintain compliance and, where required, prepare evidence-based responses to government requests.
Speak to us about employer sanctions, investigations and complex migration cases
Experience and Insights
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Complex Migration Cases FAQs
Not all visa subclasses allow for a character waiver. Whether a waiver is available depends on the specific visa type and the nature of the character issue.
Not all visa subclasses permit a health waiver immigration. Availability depends on the specific visa type and stream, such as certain family, humanitarian, or employer-sponsored visas.
Most visa applicants aged 16 years and over must provide a police clearance certificate for visas from every country where they have lived for 12 months or more in the past 10 years.