For Official Use Only
Table of Contents
Bona Fides
1
Introduction
4
1.1. Background
4
2.
Scope
4
2.1. In Scope
4
2.2. Out of Scope
4
3.
Glossary
5
4.
Procedural Instruction
7
s.
7
47E
4.2. Identity and immigration status
7
4.3. Initial system checks
7
4.4. Preliminary discussion at the primary line
7
4.5. Consequences of preliminary discussion
8
Visa Determination Officer concludes the traveller is bona fide
8
Traveller is low risk
9
s. 47E(d)
9
Interview preparation
9
Preparing the traveller for interview
10
Questioning detention
11
4.6. Conducting the interview
11
Information verification
12
Claims that may engage Australia’s protection obligations
12
4.7. Decision
13
Traveller assessed as bona fide
13
Notifying Inspector of non-bona fide traveller
13
5.
Accountability and responsibilities
13
6.
Statement of Expectation
13
7.
Related Framework documents
14
7.1. Policy Statement
14
7.2. Procedural Instructions
14
7.3. Standard Operating Procedures
15
8.
References and legislation
15
8.1. Migration Act 1958
15
9.
Consultation
15
9.1. Internal consultation
15
9.2. External consultation
15
Bona Fides
For Official Use Only
Page
2 of
16
For Official Use Only
10.
Document detail
15
10.1. Document change control
16
Procedural Instruction approval
16
Bona Fides
For Official Use Only
Page
3 of
16
For Official Use Only
Introduction
1.1.
Background
s. 47E(d)
Australian Border Force (ABF) officers must make every effort to review the traveller's circumstances and
resolve identity and visa status issues as soon as practicable.
2.
Scope
2.1.
In Scope
This procedural instruction applies to Australian Border Force (ABF) officers who must make every effort to
review the traveller's circumstances and resolve identity and visa status issues as soon as practicable.
This procedural instruction applies to staff in the aviation and maritime environments providing immigration
clearance under the
Migration Act 1958 (Migration Act).
2.2.
Out of Scope
This procedural instruction does not apply to clearance of travellers and/or goods under the
Customs Act
1901 (Customs Act).
Bona Fides
For Official Use Only
Page
4 of
16
For Official Use Only
4. Procedural Instruction
s. 47E(d)
4.2.
Identity and immigration status
Establishing the traveller’s correct identity and immigration status is very important. Prior to considering visa
cancellation, the ABF officer should interrogate Mainframe to determine thes. 47E(d)
4.3.
Initial system checks
s. 47E(d)
4.4.
Preliminary discussion at the primary line
When a traveller is s. 47E(d)
) at the primary line, the Visa Determination
Officer (VDO) must:
confirm the traveller’s details s. 47E(d)
on Passenger
Analysis Clearance Evaluation (PACE), otherwise s. 47E(d)
Bona Fides
For Official Use Only
Page
7 of
16
For Official Use Only
ensure the BCO provides both the travel er’s travel document and Incoming
Passenger Card (IPC).
When a traveller is s. 47E(d)
, the VDO must s. 47E(d)
.
The VDO must then:
introduce themselves to the traveller and state they are from the ABF
consider the travel er’s level of English:
o
if required, and telephone access is available, contact the
Automated Telephone Interpreters Service (ATIS) or engage an
ABF officer, fluent in the travel er’s language, to assist in
interpreting preliminary questions
check the IPC for the s. 47E(d)
and emergency contact details
briefly advise the traveller the reason fors. 47E(d)
clarification of visa details
examine the travel document for authenticity (noting is. 47E(d)
, evidence of prior travel and visas
rescan the travel document at the Primary Support Point if any concerns are held in
relation to the document’s authenticity
photocopy the travel er’s IPC and travel document bio-data page, and s.
if appropriate
47E(
d)
s. 47E(d)
, if not created on entry.
s. 47E(d)
4.5.
Consequences of preliminary discussion
Visa Determination Officer concludes the traveller is bona fide
Where a decision is made the ts. 47E(d)
, the officer must:
consider verbally counselling the traveller on their visa conditions
inform the traveller they will be immigration cleared
s. 47E(d)
to inform other ABF officers the referral is resolved.
Bona Fides
For Official Use Only
Page
8 of
16
For Official Use Only
Traveller is low risk
Where a traveller is considered to be low risk, the ABF officer is to discuss relevant bona fide issues with
their ABF supervisor.
s. 47E(d)
Interview preparation
In preparation for a formal bona fide interview, the ABF officer is to:
s. 47E(d)
gather required equipment, for example:
o
digital recorder (ensure battery is full)
o
record of interview template
o
health screening questionnaire
o
writing paper and pens
use a Money verification sheet
to:
o
confirm the traveller’s ability to fund their stay
Bona Fides
For Official Use Only
Page
9 of
16
For Official Use Only
o
ensure accountability and transparency in the management of
the travel er’s money
commence a Traveller Monitoring Sheet, to ensure all actions and times are
recorded
source relevant information relating to the traveller’s reasons for travel, including
recording results from the baggage search, for example tools, clothing and
documents
photocopy documents relating to:
s. 47E(d)
If the traveller cannot be interviewed promptly the ABF officer must:
relocate the traveller to an appropriate waiting area, as per local arrangements
discuss alternative arrangements with their ABF supervisor if concerns are held the
traveller may abscond
inform the traveller of the reason for the relocation
attempt to resolve the delay as soon as practicable.
Immediately prior to commencement of the interview the ABF officer should:
secure the traveller’s luggage outside the interview room
activate the Close Circuit Television (CCTV) monitor in the interview room and other
areas where ABF officers interact with the traveller.
Preparing the traveller for interview
The ABF officer must inform the traveller they will be interviewed to determine if they can be immigration
cleared and they will remain in immigration clearance until it is decided. The ABF officer should then:
escort the traveller into the ABF interview room
confirm the traveller understands the interpreter (if applicable), or has an acceptable
understanding of English for interview
request the traveller remove any items from their pockets to ensure personal safety,
to be held by ABF for safekeeping or request traveller to place in their luggage.
Where the traveller refuses to cooperate, an ABF officer may consider carrying out a search.
Depending on the circumstances, the ABF officer is to ensure the removal of items that may:
inflict harm, for example, equipment, tools, medication, clothing
be required for further investigations, for example, mobile phones, notes, identity
cards.
Bona Fides
For Official Use Only
Page
10 of
16
For Official Use Only
The ABF officer is to ensure the traveller’s belongings are:
returned, if appropriate, or are no longer required
recorded on the travel er’s file if they are retained by the Detention Service Provider
(DSP).
Obtain the traveller’s consent to proceed with the interview. If the traveller does not consent, advise them a
decision will be made based on the existing evidence.
Where a traveller is willing to cooperate with the interview process the ABF officer must:
instruct the traveller on use of the call button (if available) and the presence of the
CCTV monitor
advise the traveller to inform the interviewing officer if a break is required at any time
or for any reason during the interview.
Questioning detention
If the traveller is uncooperative and the ABF officer has knowledge or a reasonable suspicion the traveller
holds a visa that may be cancelled, the ABF officer may consider detaining the traveller for questioning about
matters relating to their visa under section 192 of the Migration Act.
4.6.
Conducting the interview
When conducting the formal interview the ABF officer must:
inform the traveller the interview will be recorded
record verification of funds using a Money verification form if required.
When using the Money verification form, where possible it is recommended to:
have a second officer present during this process
ask the traveller, or the second ABF officer, to count the money and other contents
of wallet or bag, for example, credit cards, licences, out loud for the digital recording
ask the traveller, or the second ABF officer, to verbally confirm and sign the
verification that all money has been returned to them.
When completing the appropriate questions of the record of interview,
gather information that will assist in
determining if the traveller’s intentions comply with their visa conditions.
The travel er’s responses may lead the ABF officer to ask additional questions or seek clarification of matters
not included in the interview template.
Ensure the traveller is asked about their health. The record of interview template explains when the Health
screening questionnaire
should be completed.
Details of the interview must be recorded in writing including:
interview start time
suspension(s) and recommencement(s)
interview finish time
toilet/drink/meal breaks
any other duty of care events, such as telephone calls.
Bona Fides
For Official Use Only
Page
11 of
16
For Official Use Only
When the interview is completed, the ABF officer must inform the traveller the interview is completed and the
details of their case will be discussed with the ABF supervisor.
Information verification
The ABF officer should attempt to verify information provided by the traveller at interview. The ABF officer
may:
s. 47E(d)
The ABF officer should then:
consult with their ABF supervisor and discuss evidence gathered
notify the airline and relevant ABF officers a traveller is currently being interviewed
in regard to immigration clearance.
Claims that may engage Australia’s protection obligations
If at any time the traveller seeks to engage Australia’s protection obligations, or states they are fearful of
returning to their country of citizenship or usual residence, the ABF officer must immediately refer the
traveller to the ABF supervisor for advice on how to proceed.
Once the ABF supervisor has provided advice, the ABF officer must undertake the appropriate course of
action for the traveller in accordance with
Procedural Instruction: Protection claims at the border.
Bona Fides
For Official Use Only
Page
12 of
16
For Official Use Only
4.7.
Decision
Traveller assessed as bona fide
If a decision is made after interview that the traveller’s purpose for travel to Australia is genuine and
consistent with the type of visa held, and grounds for visa cancellation do not exist, or where the evidence
does not justify visa cancellation, the ABF officer must:
verbally counsel the traveller on their visa conditions
inform the traveller they will be immigration cleared
s. 47E(d)
cease the CCTV monitor to the ABF interview room
finalise Immigration officers report (M304).
Notifying Inspector of non-bona fide traveller
If the ABF officer is satisfied that grounds for visa cancellation appear to exist, the ABF officer must contact
the Border Force Inspector (according to local arrangements) and present the basis of evidence.
If, after discussion with the Border Force Inspector, it is agreed that a visa cancellation process should
commence,
see SOP: Visa cancellation.
5.
Accountability and responsibilities
If ABF officers require clarification or assistance in regard to this instruction, they should contact the Traveller
Operational Policy Section by email s. 47E(d)
or telephone:
s. 47E(d)
AEST.
The Superintendent, Traveller Operational Policy Section has responsibility for the preparation and
dissemination of this Procedural Instruction in regards to operational policy and programme management of
border clearance activities for air and sea travellers, under the Customs Act and Migration Act.
The Director, Traveller Policy Section has responsibility for preparation and dissemination of the Policy
Statement in relation to this Procedural Instruction.
6.
Statement of Expectation
Directions
The APS Code of Conduct states that ‘an APS employee must comply with any lawful and reasonable
direction given by someone in the employee’s Agency who has authority to give the direction’ (subsection
13(5) of the Public Service Act 1999).
Failure by an APS employee to comply with any direction contained in a PPCF document may be
determined to be a breach of the APS Code of Conduct, which could result in sanctions up to and including
termination of employment, as set out in subsection 15(1) of the Public Service Act 1999.
The Secretary’s Professional Standards Direction, issued under subsection 55(1) of the Australian Border
Force Act 2015, requires all IBP workers who are not APS employees (such as contractors or consultants) to
comply with any lawful and reasonable direction given by someone in the Department with authority to issue
that direction.
Bona Fides
For Official Use Only
Page
13 of
16
For Official Use Only
Failure by an IBP worker who is not an APS employee to comply with a direction contained in a PPCF
document may be treated as a breach of the Professional Standards Direction, which may result in the
termination of their engagement under section 57 of the Australian Border Force Act 2015. Non-compliance
may also be addressed under the terms of the contract engaging the contractor or consultant.
Policy, Guidance and Recommendations
For all other provisions of PPCF documents, the Secretary and the Commissioner expect all IBP workers to:
• consider whether a proposed departure from any provision set out in a PPCF document is reasonable and
justified in the circumstances;
• consider the risks of departing from any provision set out in a PPCF document;
• be responsible and accountable for the consequences of departing from, or not adhering to the content of,
all PPCF documents, including where such departure or non-adherence results in a breach of any legal or
other obligations which lead to adverse outcomes for the Department;
• be responsible for documenting the reasons/justification for their decision to depart from, or not adhere to,
any PPCF document.
Exercise of Legislative Powers and Functions
IBP workers who make decisions or who exercise powers or functions under legislation have a duty to make
these decisions or exercise these powers or functions in accordance with the requirements of the legislation
and legal principle.
What happens if this Policy Statement is not followed?
Failure to comply with a direction contained in this document may constitute a breach of the APS Code of
Conduct, and may result in a sanction, up to and including termination of employment, being imposed under
subsection 15(1) of the Public Service Act 1999.
For IBP workers who are not APS employees, failure to comply may constitute a breach of a direction under
section 55 of the Australian Border Force Act 2015, and may result in the termination of their engagement
under section 57 of that Act. Non-compliance may also be addressed under the terms of the contract
engaging the IBP worker.
7.
Related Framework documents
This instruction must be read with:
s. 22(1)(a)(ii)
Bona Fides
For Official Use Only
Page
14 of
16