Head to head · Checked 30 October 2026
PIC 4020 (refusal for false information) vs Section 109 (cancellation for incorrect information)
Both punish untruth; they act on different things. Public interest criterion 4020 applies to an application being decided: where a bogus document or false or misleading information is given in that application, or in relation to a visa held in the previous twelve months, the application is refused and the applicant is barred from most visas for three years, ten where identity is in question, with a waiver for compelling circumstances except on identity. Section 109 applies to a visa already held: where incorrect information or a bogus document was given in obtaining it, the Department may cancel after a notice and a response, weighing the circumstances. The same false document can produce both, the refusal now and the cancellation of the visa it helped obtain.
By Keshab Chapagain, registered migration agent (MARN 1576536) since 2015 · WIDEN, Sydney · Reviewed 30 October 2026
Keshab Chapagain · MARN 1576536 · Registered since 2015 - Acts on
- The application under decision · A visa already granted
- Trigger
- A bogus document or false or misleading information in this application, or in relation to a visa held in the last 12 months · Incorrect information or a bogus document given in obtaining the visa, whether or not deliberately
- Consequence
- Refusal, and a 3-year bar from most visas; 10 years for identity · Discretionary cancellation after a notice and a response
- Waiver or discretion
- Waiver for compelling circumstances, none for identity · The Department weighs the circumstances before cancelling
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About the CPD →Side by side
| PIC 4020 (refusal for false information) | Section 109 (cancellation for incorrect information) | |
|---|---|---|
| Acts on | The application under decision | A visa already granted |
| Trigger | A bogus document or false or misleading information in this application, or in relation to a visa held in the last 12 months | Incorrect information or a bogus document given in obtaining the visa, whether or not deliberately |
| Consequence | Refusal, and a 3-year bar from most visas; 10 years for identity | Discretionary cancellation after a notice and a response |
| Waiver or discretion | Waiver for compelling circumstances, none for identity | The Department weighs the circumstances before cancelling |
| Process | A natural justice letter with a date to respond | A notice of incorrect information with a period to respond |
| Review | The Tribunal where the refusal is reviewable | The Tribunal for an onshore holder |
| Watch out | A document you did not know was false still counts | Silence in response is read as having nothing to say |
Charges are the current government application charges (from 1 July 2026, main applicant) — see the fee calculator for your family's total. Checked 30 October 2026.
The honest verdict
Both punish untruth; they act on different things. Public interest criterion 4020 applies to an application being decided: where a bogus document or false or misleading information is given in that application, or in relation to a visa held in the previous twelve months, the application is refused and the applicant is barred from most visas for three years, ten where identity is in question, with a waiver for compelling circumstances except on identity. Section 109 applies to a visa already held: where incorrect information or a bogus document was given in obtaining it, the Department may cancel after a notice and a response, weighing the circumstances. The same false document can produce both, the refusal now and the cancellation of the visa it helped obtain.
Which side of that line you fall on depends on facts a table cannot hold — your age, score, occupation's lists, and what evidence you can actually assemble. That is consultation territory, not guesswork territory.
More head-to-heads: 482 vs 494 · 190 vs 491 · 189 vs 190 · 482 vs 186
General information only, not migration advice. Settings shown are the general rules; exemptions and stream variations exist. Migration advice is provided by Keshab Chapagain (MARN 1576536) after a paid consultation under the Migration Agents Code of Conduct.
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Questions we get asked first
PIC 4020 (refusal for false information) or Section 109 (cancellation for incorrect information) — which is better?
Both punish untruth; they act on different things. Public interest criterion 4020 applies to an application being decided: where a bogus document or false or misleading information is given in that application, or in relation to a visa held in the previous twelve months, the application is refused and the applicant is barred from most visas for three years, ten where identity is in question, with a waiver for compelling circumstances except on identity. Section 109 applies to a visa already held: where incorrect information or a bogus document was given in obtaining it, the Department may cancel after a notice and a response, weighing the circumstances. The same false document can produce both, the refusal now and the cancellation of the visa it helped obtain.
What is the main difference between the PIC 4020 (refusal for false information) and the Section 109 (cancellation for incorrect information)?
Acts on: PIC 4020 (refusal for false information) — The application under decision; Section 109 (cancellation for incorrect information) — A visa already granted. Trigger: PIC 4020 (refusal for false information) — A bogus document or false or misleading information in this application, or in relation to a visa held in the last 12 months; Section 109 (cancellation for incorrect information) — Incorrect information or a bogus document given in obtaining the visa, whether or not deliberately. Consequence: PIC 4020 (refusal for false information) — Refusal, and a 3-year bar from most visas; 10 years for identity; Section 109 (cancellation for incorrect information) — Discretionary cancellation after a notice and a response.
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