Policies and Procedural instructions related to immigration clearance, visa cancellation and summary removal

Regina Jefferies made this Freedom of Information request to Department of Home Affairs

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Regina Jefferies

Under Freedom of Information and in light of the Department's Procedural Instruction regarding Protection Claims at the Border, I request the following information:

Policy Statement TT-2983 - Border Clearance
Procedural Instruction BC-2671 - Events after Refused Immigration Clearance
Procedural Instruction BC-2460 - Summary Removal
Procedural Instruction BC-2482 - Visa Cancellation at the border

Yours faithfully,

Regina Jefferies

FOI, Department of Home Affairs

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For matters not relating to the Freedom of Information Act 1982, please
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enquiry.

 

General information regarding travelling to Australia

Information for visitors to Australia can be found [1]here.

Information regarding potential visa options can be found [2]here.

 

Updating your details once a visa has been granted, including minor
corrections to date of birth and name

The Department has an administrative process for minor corrections to date
of birth or name due to client error (such an a typographical error in an
online application) where the visa application has already been finalised.

You can update your details online if your application is available in
ImmiAccount. Go to the Department’s website [3]here.
Alternatively, you can complete a form 929, which can be found [4]here.
The completed form and attachments should be sent by email to
[5][email address]. This form will not be actioned by the FOI
Section.

Request for a copy of your Visa Refusal or Visa Grant letter

If you have lost or misplaced correspondence regarding your Visa Refusal
or Visa Grant, or you wish to confirm the authenticity of your Visa
Refusal or Visa Grant, you should contact the office where you lodged your
visa application. 

Details of our offices located around the world can be found [6]here.

 

Queries regarding your current Visa status

You can check your visa details and conditions on the Department’s Visa
Entitlement Verification Online (VEVO) portal.  If you do not have the
necessary reference numbers to access the VEVO portal, you should contact
the office where you lodged your visa application for further information.

 

Refund of Visa fees

If you are seeking a refund of fees associated with your Visa, you should
contact the office where you lodged your visa application.  Details of our
offices located around the world can be found [7]here.

 

Making a Visa application

Registered migration agents are authorised to provide immigration advice
or assistance, including advice regarding the lodgement of visa
applications. Further information on migration agents may be found
[8]here.  Please note that the Department is unable to assist you in this
regard.

 

If you are experiencing technical difficulties in lodging your visa
application through ImmiAccount, you should submit your concerns through
the ImmiAccount Technical Support Form, which is accessible [9]here.

 

Australian Citizenship

If you are seeking evidence of your Australian Citizenship, you should
complete Form 119, which can be found [10]here.  Details on where to send
your completed form may be found on page 8 of the Form.  This form will
not be actioned by the FOI Section.

 

Information on how to apply for Australian citizenship, information for
Australian citizens and Australian Citizenship Day can be found [11]here.

 

Movement Records/Travel History

If you are seeking evidence of your own travel movements/history you
should complete Form 1359, which can be found [12]here. Details on where
to send your request may be found on page 1 and 2 of the Form. This
request will not be actioned by the FOI Section.

 

Superannuation – Evidence of Immigration Status

If you are seeking evidence of your own immigration status for
superannuation purposes, you should complete Form 1194, which can be found
[13]here. Details on where to send your completed form may be found on
page 1 of the Form. This request will not be actioned by the FOI Section.

 

Update Passport Details

Information on how to update your address or passport details can be found
[14]here.

 

Notification of Change in Circumstances

If you have lodged a visa application and your circumstances have changed,
you should submit [15]Form 1022 to the office where you lodged your visa
application. Details of our offices located around the world can be found
[16]here. The FOI Section does not process these forms. 

 

Notification of incorrect answers

If you wish to correct answers that you have provided to the Department
either:

·         in a visa application

·         on a passenger card or

·         in response to a notice given to you by the Department inviting
you to comment on possible non-compliance with an obligation to correct
incorrect information

You should submit [17]Form 1023 to the Department. Details of our offices
located around the world can be found [18]here. The FOI Section does not
process these forms. 

 

Duty Free concessions

Information relating to duty free concessions can be found [19]here.

 

General Enquiries

If you have a question, which has not been answered above, and which is
about visa, citizenship, travel or trade, including bringing goods in and
out of Australia, please refer to our general enquiries web form [20]here.

 

 

Thank you

 

Information updated 13 November 2018

 

Important Notice: The content of this email is intended only for use by
the individual or entity to whom it is addressed. If you have received
this email by mistake, please advise the sender and delete the message and
attachments immediately.  This email, including attachments, may contain
confidential, sensitive, legally privileged and/or copyright information.
 

Any review, retransmission, dissemination or other use of this information
by persons or entities other than the intended recipient is prohibited. 
The Department of Home Affairs and ABF respect your privacy and have
obligations under the Privacy Act 1988.  

Unsolicited commercial emails MUST NOT be sent to the originator of this
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References

Visible links
1. http://www.border.gov.au/Trav/Visi
2. http://www.border.gov.au/Trav/Visa-1
3. http://www.homeaffairs.gov.au/immiaccount
4. https://immi.homeaffairs.gov.au/form-lis...
5. mailto:[email address]
6. http://www.border.gov.au/about/contact/o...
7. http://www.border.gov.au/about/contact/o...
8. https://www.mara.gov.au/
9. https://www.border.gov.au/Trav/Visa/Immi...
10. http://www.border.gov.au/Forms/Documents...
11. http://www.border.gov.au/Trav/Citi
12. http://www.border.gov.au/FormsAndDocumen...
13. http://www.border.gov.au/Forms/Documents...
14. http://www.border.gov.au/Lega/Lega/Form/...
15. http://www.border.gov.au/Forms/Documents...
16. http://www.border.gov.au/about/contact/o...
17. http://www.border.gov.au/Forms/Documents...
18. http://www.border.gov.au/about/contact/o...
19. http://www.border.gov.au/Trav/Ente/Duty-...
20. http://www.border.gov.au/about/contact/m...

FOI, Department of Home Affairs

UNCLASSIFIED

In reply please quote:

FOI Request:       FA 19/05/01101

File Number:       OBJ2019/30118 

Dear Ms Jefferies

Acknowledgement of Freedom of Information Access request

I refer to your correspondence received on 17 May 2019 seeking access to
documents held by the Department of Home Affairs (the Department) under
the Freedom of Information Act 1982 (the FOI Act).

You have requested access to the following:

Policy Statement TT-2983 - Border Clearance Procedural Instruction BC-2671
- Events after Refused Immigration Clearance Procedural Instruction
BC-2460 - Summary Removal Procedural Instruction BC-2482 - Visa
Cancellation at the border.

Your request was received by the Department on 17 May 2019 and has been
allocated FOI request number FA 19/05/01101. Please include your FOI
request number in all correspondence with the Freedom of Information
Section.

Timeframe for receiving your decision

The statutory timeframe for processing a request is 30 days from the date
upon which your application was received by the Department.

Exclusion of non-SES staff personal details and SES telephone contact
details

The Department’s policy is to exclude the personal details of officers not
in the Senior Executive Service (SES), as well as the mobile and work
telephone numbers of SES staff, contained in documents that fall within
scope of an FOI request. If you require names and contact details of
non-SES officers, or direct telephone numbers of SES staff, please inform
us so the decision maker may consider your request. Otherwise we will take
it that you agree to that information being excluded from the scope of
your request.

Publication of document

Where documents are released to you in response to your request, the
Department may be required to publish these documents on its website
within 10 working days in accordance with section 11C of the FOI Act.
Publication will not be required where the documents contain personal or
business affairs information.

Contacting the FOI Section

Should you wish to discuss your request you may contact the FOI Section at
[DIBP request email].

 

FOI Officer | FOI and Records Management Branch

National Office

Productivity and Compliance Division | Corporate and Enabling Group

Department of Home Affairs

 

UNCLASSIFIED

 

Important Notice: The content of this email is intended only for use by
the individual or entity to whom it is addressed. If you have received
this email by mistake, please advise the sender and delete the message and
attachments immediately.  This email, including attachments, may contain
confidential, sensitive, legally privileged and/or copyright information.
 

Any review, retransmission, dissemination or other use of this information
by persons or entities other than the intended recipient is prohibited. 
The Department of Home Affairs and ABF respect your privacy and have
obligations under the Privacy Act 1988.  

Unsolicited commercial emails MUST NOT be sent to the originator of this
email.

FOI, Department of Home Affairs

UNCLASSIFIED

In reply please quote:

FOI Request:       FA 19/05/01101

File Number:       OBJ2019/30118 

Dear Ms Jefferies

To enable us to process your request we need specific information about
the documents you are seeking for the last point of this request:

Visa Cancellation at the Border

Can you confirm if you are seeking Policies and Procedures and if it is
for all visa subclass, or just a particular subclass of visa and provide
any further details that will assist us with obtaining the relevant
documents.

Please respond by close of business Monday 17 June 2019.

Kind Regards

 

 

FOI Officer

FOI and Records Management Branch | Productivity and Compliance Division

Corporate and Enabling Group
Department of Home Affairs

 

E: [1][DIBP request email]

 

 

In reply please quote:

FOI Request:       FA 19/05/01101

File Number:       OBJ2019/30118 

Dear Ms Jefferies

Acknowledgement of Freedom of Information Access request

I refer to your correspondence received on 17 May 2019 seeking access to
documents held by the Department of Home Affairs (the Department) under
the Freedom of Information Act 1982 (the FOI Act).

You have requested access to the following:

Policy Statement TT-2983 - Border Clearance Procedural Instruction BC-2671
- Events after Refused Immigration Clearance Procedural Instruction
BC-2460 - Summary Removal Procedural Instruction BC-2482 - Visa
Cancellation at the border.

Your request was received by the Department on 17 May 2019 and has been
allocated FOI request number FA 19/05/01101. Please include your FOI
request number in all correspondence with the Freedom of Information
Section.

Timeframe for receiving your decision

The statutory timeframe for processing a request is 30 days from the date
upon which your application was received by the Department.

Exclusion of non-SES staff personal details and SES telephone contact
details

The Department’s policy is to exclude the personal details of officers not
in the Senior Executive Service (SES), as well as the mobile and work
telephone numbers of SES staff, contained in documents that fall within
scope of an FOI request. If you require names and contact details of
non-SES officers, or direct telephone numbers of SES staff, please inform
us so the decision maker may consider your request. Otherwise we will take
it that you agree to that information being excluded from the scope of
your request.

Publication of document

Where documents are released to you in response to your request, the
Department may be required to publish these documents on its website
within 10 working days in accordance with section 11C of the FOI Act.
Publication will not be required where the documents contain personal or
business affairs information.

Contacting the FOI Section

Should you wish to discuss your request you may contact the FOI Section at
[2][DIBP request email].

 

FOI Officer | FOI and Records Management Branch

National Office

Productivity and Compliance Division | Corporate and Enabling Group

Department of Home Affairs

 

UNCLASSIFIED

UNCLASSIFIED

 

Important Notice: The content of this email is intended only for use by
the individual or entity to whom it is addressed. If you have received
this email by mistake, please advise the sender and delete the message and
attachments immediately.  This email, including attachments, may contain
confidential, sensitive, legally privileged and/or copyright information.
 

Any review, retransmission, dissemination or other use of this information
by persons or entities other than the intended recipient is prohibited. 
The Department of Home Affairs and ABF respect your privacy and have
obligations under the Privacy Act 1988.  

Unsolicited commercial emails MUST NOT be sent to the originator of this
email.

References

Visible links
1. mailto:[email address]
2. mailto:[DIBP request email]

Regina Jefferies

FOI Request: FA 19/05/01101

File Number: OBJ2019/30118

Dear FOI

I can confirm that I am seeking the following document:

Procedural Instruction [BC-2482] Visa Cancellation at the border.

Yours sincerely,

Regina Jefferies

Regina Jefferies

Dear FOI,

I note this request is well overdue. Please provide an update on the status of this request.

Yours sincerely,

Regina Jefferies

Regina Jefferies

Dear FOI,

I note this request is well overdue. I previously requested an update on the status of this request, which was not provided. Please provide an update on the status of this request, which is well-beyond the 30 day statutory period for response.

Yours sincerely,

Regina Jefferies

FOI, Department of Home Affairs

UNCLASSIFIED

Dear Ms Jefferies,

Thank you for your email enquiring about the progress of your FOI request.

Please be advised that the Department is currently processing a large number of FOI requests. Our staff are working hard and the Department is committed to processing your request as quickly as possible.

A number of documents have been identified as falling within the scope of your request and an FOI officer will be reviewing these documents in due course. A decision on access will be made on your request and you will be notified of this as soon as possible.

Information regarding your review rights in relation to your request, including processing timeframes are available at the website of the Office of the Australian Information Commissioner.

https://www.oaic.gov.au/freedom-of-infor....

Yours sincerely,

FOI Officer
Freedom of Information National Office
FOI and Records Management Branch
Data Division | Corporate and Enabling Group
Department of Home Affairs | Email: [DIBP request email]

UNCLASSIFIED

show quoted sections

FOI, Department of Home Affairs

UNCLASSIFIED

Our references:

FA 19/05/01101

OBJ2019/30118

 

Dear Ms Jefferies

 

This email is to provide you with an update about the progress of your FOI
request to the Department of Home Affairs and also to suggest a revision
to the documents requested.

 

You have requested access to:

 

Policy Statement TT-2983 - Border Clearance

Procedural Instruction BC-2671 - Events after Refused Immigration
Clearance

Procedural Instruction BC-2460 - Summary Removal

Procedural Instruction BC-2482 - Visa Cancellation at the border

 

Documents relevant to this request have been identified and allocated to a
FOI case officer for review. The relevant business of the Department area
will shortly be consulted in regard to their release in accordance with
the FOI Act.

 

However, in regard to "Procedural Instruction BC-2482 - Visa Cancellation
at the border", the business area has advised that, while this procedural
instruction had been planned, in November 2018 it was determined that
another existing procedural instruction "General visa cancellation powers
(s109, s116, s128, 134B and s140)" covered the same issue sufficiently.
Development of "Procedural Instruction BC-2482 - Visa Cancellation at the
border" was discontinued.

 

Therefore, I would like to ask if you would like to revise the scope of
your request to replace “Procedural Instruction BC-2482 - Visa
Cancellation at the border” with the current relevant document "General
visa cancellation powers (s109, s116, s128, 134B and s140)"?

 

I would appreciate your response by Tuesday, 10 December 2019.

 

Yours sincerely

 

Freedom of Information Officer

FOI and Records Management Branch

Data Division

Corporate and Enabling Group

Department of Home Affairs

Email: [1][DIBP request email]

 

 

UNCLASSIFIED

 

Important Notice: The content of this email is intended only for use by
the individual or entity to whom it is addressed. If you have received
this email by mistake, please advise the sender and delete the message and
attachments immediately.  This email, including attachments, may contain
confidential, sensitive, legally privileged and/or copyright information.
 

Any review, retransmission, dissemination or other use of this information
by persons or entities other than the intended recipient is prohibited. 
The Department of Home Affairs and ABF respect your privacy and have
obligations under the Privacy Act 1988.  

Unsolicited commercial emails MUST NOT be sent to the originator of this
email.

References

Visible links
1. mailto:[DIBP request email]

Regina Jefferies

Dear FOI,

Thank you for your e-mail and advisement regarding the new relevant document. I would therefore like to revise my request.

However, I would like to request both the prior document “Procedural Instruction BC-2482 - Visa Cancellation at the border” and the current relevant document "General visa cancellation powers (s109, s116, s128, 134B and s140)". Both documents are relevant to my research.

Thank you again for your e-mail and I look forward to your response.

Yours sincerely,

Regina Jefferies

FOI, Department of Home Affairs

UNCLASSIFIED

Our references:

FA 19/05/01101

OBJ2019/30118

 

Dear Ms Jefferies

 

Thank you for your email of 6 December 2019. Your FOI request has been
revised for the documents:  

 

Policy Statement TT-2983 - Border Clearance

 

Procedural Instruction BC-2671 - Events after Refused Immigration 
Clearance

 

Procedural Instruction BC-2460 - Summary Removal

 

DRAFT Procedural Instruction BC-2482 - Visa Cancellation at the border

 

General visa cancellation powers (s109, s116, s128, 134B and s140)

 

Yours sincerely

 

Freedom of Information Officer

FOI and Records Management Branch

Data Division

Corporate and Enabling Group

Department of Home Affairs

Email: [1][DIBP request email]

UNCLASSIFIED

 

Important Notice: The content of this email is intended only for use by
the individual or entity to whom it is addressed. If you have received
this email by mistake, please advise the sender and delete the message and
attachments immediately.  This email, including attachments, may contain
confidential, sensitive, legally privileged and/or copyright information.
 

Any review, retransmission, dissemination or other use of this information
by persons or entities other than the intended recipient is prohibited. 
The Department of Home Affairs and ABF respect your privacy and have
obligations under the Privacy Act 1988.  

Unsolicited commercial emails MUST NOT be sent to the originator of this
email.

References

Visible links
1. mailto:[DIBP request email]

FOI, Department of Home Affairs

2 Attachments

UNCLASSIFIED

Dear Ms Jefferies

 

FOI request FA 19/05/01101

 

I refer to your FOI request received on 17 May 2019, seeking access to the
following:

'Policy Statement TT-2983 - Border Clearance
Procedural Instruction BC-2671 - Events after Refused Immigration
Clearance
Procedural Instruction BC-2460 - Summary Removal
Procedural Instruction BC-2482 - Visa Cancellation at the border

The Department has made a decision on this request. Please find attached
the decision record and documents released under the FOI Act.

 

This request has now been closed.

 

Yours sincerely

 

Freedom of Information Officer

FOI and Records Management Branch

Data Division

Corporate and Enabling Group

Department of Home Affairs

Email: [1][DIBP request email]

 

 

UNCLASSIFIED

 

Important Notice: The content of this email is intended only for use by
the individual or entity to whom it is addressed. If you have received
this email by mistake, please advise the sender and delete the message and
attachments immediately.  This email, including attachments, may contain
confidential, sensitive, legally privileged and/or copyright information.
 

Any review, retransmission, dissemination or other use of this information
by persons or entities other than the intended recipient is prohibited. 
The Department of Home Affairs and ABF respect your privacy and have
obligations under the Privacy Act 1988.  

Unsolicited commercial emails MUST NOT be sent to the originator of this
email.

References

Visible links
1. mailto:[DIBP request email]