VFS Global - Australian Biometroc data requirement

[OffshoreMig]

VISA APPLICANTS TO AUSTRALIA who are required to attend the VFS Global bio-metric data collection centres can apply for a wavier/Withdrawal of the request.  Under the current circumstances it is advisable that applicant reconsider traveling to Bangkok or Chiang Mai.  Applicants who hold an e-passport should consider submitting a request to have the requirement withdrawn.

Under policy there are three grounds for the withdrawal and waiver of the requirement to provide
personal identifiers
1. emergency and/or compassionate situations
2. compelling circumstances affecting the interest of Australia
3. operational reason to retract the requirement.

Corona COVID-19 Virus

Thailand has implemented a number of travel restrictions in the wake of the current COVID-19
Virus outbreak, cancelling internal flights and restricted travel. These restrictions are beyond the
applicant’s control.

Further there is concern about the health and safety of having to travel to Bangkok and attend the
Biometric Data Collection Centre. Overcrowding, Lifts, Waiting Rooms, document handling, the
Biometric-data recording equipment (Finger Print Scanners) all add to the risk of possible infection
and transmission of the COVID-19 virus.

Social distancing and self-isolation

Australia has acted to limit the operation and attendance of public events and many businesses
which have had to close down as a result. Similar concerns exist in having to attend the Biometric
Data Collection Centres in Bangkok in addition to concerns related to domestic travel and
accommodation.

The Thai Government have placed similar closures and limitations on Business operating in
Thailand.

Applicant E-passport

The Applicant holds an e-Passport issued by the Thailand Government in accordance with
international standards. This passport has recorded the applicant’s Biometric data
Including her photo and fingerprint data. Thailand has been issuing e-passports since 2013

It is clear that the current situation meets the requirements for consideration of withdrawing the
requirement to provide additional Personal Identification

1. emergency and/or compassionate situations

This is given. Limitations on travel and the need for social distancing prevent
the applicant from attending the Biometric Data Collection Centre in Bangkok

2. compelling circumstances affecting the interest of Australia

It is in Australia’s interest to protect the health and safety of applicant and the
public. The risk associated with attending the VFS Global Biometric Data
Centre in Bangkok is considerable. Australia needs to act to limit the possible
transmission of the COVID-19 Virus.

3. operational reason to retract the requirement.

Under the circumstances Australia needs to reassess its policy and
requirement for applicants to attend these centres. Our Client holds a e-passport where biometric data is already recorded.
Any residual concerns in relation to a person’s identity can and should be
addressed by alternative means that do not require the person to travel and
attend the Biometric Data Collection Centre. This could be achieved by a
video Interview and or mobile phone application that could allow the
applicant to verify their identity in a safe and more efficient, less costly
manner. I have met and interviewed our client, scanned her passport and
other documentation and can verify the validity and identity of the applicant.

Any request for a waiver/Withdrawal would need to be considered by the Australian Department of Immigration Department of Home Affairs before and determination on your visa application.

If you can not attend these centres and/or you are concerned about the risk to public heath and safety then it is advisable that you seek a waiver and request the withdrawal of the requirement to attend the VFS Global Centre.








 

Edited April 3, 2020 by OffshoreMig

[OffshoreMig]

OPEN LETTER TO

The Prime Minister
The Minister of Health
Minister of Foreign Affairs
Minister of Home Affairs

Cabinet

Chief Medical Officer

Australian Government
 

URGENT – REVIEW - VFS Global Bio Metric Data Collection Centre

 

In Response to correspondence dated March 31. 2020 (Ref MC20-00681) By the Director Service Delivery Partners, Immigration and Settlement services Group

I am concern that the Government has been remiss in not considering or reviewing fully the issues raised in previous correspondence dated March 17, 2010. (Annotated copies attached below)

As outline in my previous correspondence Thailand has been issuing e-passports in accordance with international standards since 2013.  E-passports record Bio Metric data and this information is digitally secure.

Most, if not all applicants, in Thailand seeking a Visa to travel to Australia hold an authorised e-passport.

 

Whilst the collection of Bio Metric data may have been required when Australia first entered into a commercial agreement with VFS Global. 

 

 

There is no paramount business case to justify this today even more so considering the threats of the COVID-19 Virus pandemic let alone the requirement to collect this data on every visa application.

 

 

 

 

Any residual concern that may exists to verify the identity of the applicant can and should be undertaken by cheaper, safer alternative means (Such as a video call, and or a Smart mobile phone application – an application that could read a passports NFC Data and record and compare an applicant’s photo and find print data) These alternatives where not readily available when Australia first adopted the current procedures.

 

When the VFS Global service contract was signed Australia required paper-based applications for visas.  Visa applications are now predominately online via the Department’s internet portal. The need to maintain an application lodgement service is no longer required to the same extent

 

 

Public Health and safety and the possible transmission of COVID-19 Virus i
 

Thousands of people attend these centres daily, not just to meet Australian Visa requirements but a host of other nations that also continue to require this information to be collected. 

Overcrowding, Lifts, Air-conditioning, Waiting rooms, Document handling and the Bio Metric data recording equipment are all potential sources of concern for contracting the COVID-19 Virus. 

Whilst it is acknowledged that recording of person, who attends these centres, temperature   and attention to the hygienic procedures (cleansing of Bio Metric finger print scanners etc) may reduce the health and risks and concerns it does not take into consider or address other concerns and the need to minimise unnecessary travel and contact as advised by the World Health organisation and advocated by the Australian chief medical officer.

 

 

It should be noted that other states such as Italy have closed down its VFS Global services.

 

Additional issues and associated costs

Those applicants who do not reside close to the Service Centres in Bangkok and or Chiang Mai are placed at greater risk and expense to attend these centres.  (Attendance which, as indicated above, is unnecessary)

 

 

The cost of an applicant to travel to Bangkok and or Chiang Mai, including accommodation, can exceed AUD$500 this is effectively a tax imposed unfairly on visa applicants.

 

 

The situation is exacerbated in that the Thai authorities have imposed limits to transportation in Thailand as part of the measures implements to reduce the transmission of the COVID 19 Virus. Similar steps have been introduced in Australia. As such many applicants are unable to attend these centres as required. 

Request s for a waiver and withdrawal of requirement to submit Bio Metric Data

Whilst is open for an applicant to request a wavier and the withdrawal of the requirement to provide Bio metric data. This has not been made known to the general public and the department does not have in place a means of processing such requests.  Similar request lodged by our office have not been addressed and remain outstanding.

In Summary

In Australia they have closed down many offices and public services including personal contact with the Department of Immigration and the imposed limitations on the operation of the Australian State and Federal Parliaments Courts and Tribunals

Australia as a responsible global citizen, should be applying the same standards to overseas posts.

Failure to act accordingly would bring Australia into disrepute and that the government may be liable.
 

The Government, as a matter of urgency, should review and suspend the operation of the VFS Global Bio Data Collection centres in Thailand (and elsewhere)

Further that the opinion of the Chief Medical Officer and the World Health Organisation in relation to this matter be sought.

Edited April 3, 2020 by OffshoreMig

[OffshoreMig]

Additional Information Extract from Policy

Withdrawing the requirement to provide personal identifiers
Grounds for withdrawal

Under policy, the three grounds for withdrawal are:
· emergency and/or compassionate situations
· compelling circumstances affecting the interest of Australia
· operational reason to retract the requirement.

Requests by an applicant to withdraw the requirement to provide personal identifiers

As a matter of policy, requests to withdraw the requirement to provide personal identifiers must
be made in writing (by letter, fax or email). If a request is received, a delegate or an officer may
request further information from the applicant in order to ascertain the circumstances preventing
the applicant from being able to comply with the requirement to provide personal identifiers.

Period within which withdrawal decision can be made

Under policy, a decision to withdraw a requirement made under s257A should not be made
once the specified period in which an applicant was required to provide personal identifiers has
expired. Therefore an applicant seeking withdrawal of a requirement made under s257A(1) of the Act
should make their request before the specified period for compliance has expired. However, if a
request for withdrawal is made by an applicant after the expiry of the specified period and a s65
delegate has not yet made a decision in relation to the visa application, the request can still be
considered. Similarly, if there is an operational reason to retract the requirement, a delegate can
make the decision to withdraw the requirement after the specified period for compliance has
expired

http://www5.austlii.edu.au/au/legis/cth/consol_act/ma1958118/s257a.html

 

[OffshoreMig]

Partial Success - Just received an email from the Department Global Feedback Unit

 

Quote

"Temporary closure of Australian Visa Application Centres in Thailand VFS Global has temporarily closed the Australian Visa Application Centres (AVAC) in Bangkok and Chiang Mai until further notice"

 

If you are unable to attend a biometrics or health appointment, you do not need to notify us. We will send a new request once AVAC or panel doctor operations have resumed.

They should be closed down FULL STOP. They are not needed.,

They are outdated and there are better cheaper and safer options. What too them so long to temporarily close them down?

Why did the MIA not advocate their closure much much earlier?

[BEVUP]

Well that's good to know that I wasted (actually wife & son ) the time & money a couple of months ago (haven't heard anything since ), after renewing their passports 

[OffshoreMig]

Extra Ordinary.  VFS Global Centres are closed. Legislation and Policy allows for an application to Have the BIometric data requirement waived and withdrawn.  The requirement is outdated, Unnecessary and a serious risk to public health and sfaty.  Client holds and e-passport  where this information is already recorded.

As outlined above Legistation and Policy does allow for the requirement to provide A waiver and request for a withdrawal

Is this the case of the left hand not ow what the right hand is doing?

Thank you for your email regarding ????????? visa application.

 

Unfortunately, it is not possible to waive or withdraw the BMI requirement.

 

A number of services, including some panel doctors, English language testing providers, Australian Visa Application Centres and police departments are operating at reduced capacity or have temporarily suspended operations due to COVID-19.

 

If you cannot provide additional information due to office closure (Health or Police clearances, Biometrics, English Language Testing), you will be given additional time to complete checks and provide requested information.

 

You do not need to contact us to ask for an extension while the relevant services are unavailable. 

 

 

Kind regards,

Immigration and Border Protection
Department of Home Affairs
Australian Embassy Bangkok, Thailand

https://thailand.embassy.gov.au/bkok/Visas_and_Migration.html

 

[OffshoreMig]

Update.  Reply received 13 Aril 2020

Thank you for your further emails regarding this visa application.

Mandatory biometric collection was implemented as part of the Australian Government initiative that introduced biometric collection for most Australian visa applicants applying outside of Australia. The biometric data collected includes a digital facial image and fingerprint scan and is an important tool in helping ensure the identity of visa applicants and people entering Australia, and in keeping Australia safe.

It is a legal requirement that applicants, regardless of whether they hold an e-passport, must complete biometric collection for each application lodged and exemptions apply in only very limited circumstances.

I also want to draw your attention to the information that the Department of Home Affairs website provides regarding the current travel restrictions to Australia: https://covid19.homeaffairs.gov.au/.

As noted in our previous response, because all Australian Visa Application Centres (AVAC) operated by VFS Global worldwide have suspended operations, all visa applicants are being granted an extension of the initial 14-day timeframe given to submit their biometric data.

In your submission you have correctly noted that there are limited circumstances where the requirement to provide biometrics can be waived, including:

1. Emergency and/or compassionate situations

2. Compelling circumstances affecting the interests of Australia; or

3. Operational reasons to retract the requirement.

 ...

 

Andy

Immigration Bangkok

Department of Home Affairs

https://thailand.embassy.gov.au/bkok/Visas_and_Migration.html

[OffshoreMig]

This reply still has not addressed the operational requirement for the Australian Government to require applicants who hold an e-passport to provide biometric data in order to submit a visa Application.  It is outdated and discriminatory.  It was introduced at a time when Thailand did not issue e-passports.  The Philippines, the US, The U and other nations do not have this requirement. as to a persons identity that is what a passport of for.  There are better safer and more efficient alternatives available.  It continues to being Australia into disrepute.  Australia and Thailand have a Trade agreement and both are members of APEC. 

How would Australia react if Thailand and other states applied the same requirements to Australian Citizens.

THIS MUST BE REVIEWED

Edited April 13, 2020 by OffshoreMig