September 21, 2024
More than 2600 Palestinian visa holders were referred to ASIO for security checks after they were granted special temporary visitor permits, fuelling claims of a lack of rigour in assessing the credentials of those leaving the Middle East war zone to come to Australia.
Heavily redacted departmental advice provided to former home affairs and immigration ministers Clare O'Neil and Andrew Giles reveals that multiple visas were cancelled as a result of security assessments.
Documents tabled in the Senate show that ASIO received a list of 2601 visa holders from the Department of Home Affairs on March 16. An April 9 update showed 12 Palestinians had visas cancelled offshore following security checks, with five deemed a direct or indirect risk to Australia's security.
The Coalition claims the documents show there were no rigorous face-to-face or biometric testing requirements prior to the granting of visas and that some visa-holders referred to ASIO would likely have already been in Australia.
Ministerial briefing documents show an additional 15 Palestinians had visas cancelled due to incorrect or non-genuine information. Seven individuals had visa applications refused while in Australia.
A ministerial briefing note sent in April highlighted the fact visa holders were free to travel despite being on the list for security checks. "In the event ASIO assesses an individual to be directly or indirectly a risk to security, an Adverse Security Assessment (ASA) is furnished to the Department. ASIO continues to work through the list, however, to date no adverse information has been identified. ASIO has acknowledged visa holders on the list are able to travel," the briefing note said. "Where ASIO does not determine the visa holder is a direct or indirect threat to security, but other derogatory information has to be considered, the Department will determine whether other objective grounds for cancellation exist." The Weekend Australian understands that, since March, ASIO has now assessed all onshore and offshore Palestinian visa holders, including reviewing some cases more than once.
Following Hamas's terror attacks in Israel on October 7, Anthony Albanese announced special visa support and financial assistance for Palestinians and Israelis. Palestinians from Gaza, the West Bank and border areas who arrived in Australia on temporary visitor visas can now apply for bridging visas. About 1600 approved Palestinian visa-holders remain abroad, including those stuck in Gaza.
Between October 7 and September 11, 2963 migration and temporary visas have been granted to Palestinians, comprising 2587 visitor visas, 97 family visas, 44 return resident visas, 80 skilled migration visas, 57 student visas and 98 other temporary visas. A total of 7195 visa applications by Palestinians have been rejected.
Over the same period, 9865 visas were granted to Israelis including 6153 visitor visas, with 255 visa applications refused.
Up to 70 per cent of roughly Continued on Page 2 Visas for Palestinians first, check with ASIO later
Continued from Page 1 1300 Palestinian visa-holders in Australia have now applied for onshore protection visas, allowing them access to Bridging E visas, which grant access to work rights and Medicare eligibility.
Opposition home affairs spokesman James Paterson, who won cross-party support for a Senate Order for the Production of Documents on September 11, said ministerial advice released by Workplace Relations Minister Murray Watt on behalf of Home Affairs Minister Tony Burke "blows the lid on the Albanese government's rushed and risky Gaza visa scheme".
"We now know they were only sent to ASIO for security assessment after their visas had already been granted - meaning potential security threats could enter the country unchecked," Senator Paterson said.
"We know the government concocted a quasi-humanitarian scheme with full access to Medicare but without the proper assessment. We know that at least seven had their visa applications refused onshore despite the government insisting none were cancelled in Australia. And yet according to Tony Burke, none of these people can be sent home even if they are a security risk or fail the character test. This has been a shambles from start to finish and it shows why Peter Dutton and the Coalition were right to call for a pause in granting visas until proper processes could be put in place." The Weekend Australian understands senior government figures were warned against using short-term tourist visas that relied solely on departmental officials authorising visas and only referring individual cases to ASIO if red flags emerged. Humanitarian visas apply more thorough security checks by ASIO and other agencies.
Departmental advice said a visa applicant would not meet character requirements if they had a substantial criminal record or links to organised crime, there was a risk that while in Australia they would engage in criminal conduct or intimidate others, or were subject to adverse ASIO security assessments.
The department outlined its "three pillars of identity" approach to assess a person's claimed identity: personal identifiers (a measurable physical characteristic such as fingerprints or face), reliable and secure documents, and life stories outlining events across their lifetime.
Senator Watt on Thursday night released the documents to Senator Paterson after the Coalition frontbencher requested all advice provided by the Department of Home Affairs to Ms O'Neil and Mr Giles relating to the issuance of visas to Palestinians. Following a series of scandals, Ms O'Neil and Mr Giles were shifted out of the home affairs and immigration portfolios in the Prime Minister's July reshuffle.
Responding on behalf of the government, Senator Watt defended redactions in the documentation on the grounds that full release would expose cabinet deliberations and undermine the national interest.
"Information has been redacted from the documents where its release would damage Australia's national security or international relations, prejudice the effectiveness of methods and procedures used to enforce migration law, prejudice future legal proceedings or disclose the deliberations of Cabinet," Senator Watt wrote.
A briefing note sent to Mr Giles this year said: "Consistent with the direction from your office, Temporary Humanitarian Stay options (such as those provided to Afghans and Ukrainians in recent years) are not currently being considered.
"Individuals who become unlawful following the cessation of their substantive visa will be eligible for a Bridging E (subclass 050) visa (BVE). A BVE is a shortterm bridging visa that allows eligible individuals to stay in Australia lawfully while they seek to resolve their immigration status by obtaining a substantive visa or while they make arrangements to depart." A January department brief to Mr Giles said: "A visa can only be granted where an applicant meets all requirements. This includes the department being satisfied of their identity. Establishing an applicant's identity before a visa is granted is crucial as it allows proper security and other assessments to be undertaken."
