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1243i (Design date 03/14) - Page 1 COMMONWEALTH OF AUSTRALIA, 2014

This information form explains the authority of the Departmentof Immigration and Border Protection (the department) tocollect your personal identifiers. It outlines why a personalidentifier can be collected, how it may be collected, how it maybe used, how it is protected and how it may be disclosed. Thisinformation form should be read in conjunction with form 1442iPrivacy notice for general information on the collection, useand disclosure of personal information more broadly.

The department has authority under the Migration Act 1958(the Migration Act) to collect a range of personal identifiersfrom non-citizens in certain circumstances, including visaapplicants and persons entering Australia, other non-citizens inAustralia and persons in immigration detention. Detailedinformation specifically for persons in immigration detentioncan be obtained from form 1247i Information to be providedto a detainee about identification tests.

The department also has the authority under the AustralianCitizenship Act 2007 (the Australian Citizenship Act) to collecta range of personal identifiers from persons applying forAustralian citizenship and evidence of Australian citizenship,seeking renunciation of their Australian citizenship, and forpersons sitting the citizenship test.

What personal identifiers can the department require?The Migration Act and the Australian Citizenship Actauthorises the collection of one or more personal identifiersfrom non-citizens and citizenship applicants in a range ofcircumstances.

Personal identifiers are defined as:

a photograph or other image of a persons face andshoulders;

a persons signature;

a measurement of a persons height and weight;

fingerprints or handprints of a person;

an audio or a video recording of a person (Migration Actonly);

an iris scan;

any other personal identifier prescribed in the regulations(provided it is not an identifier that would involve the carryingout of an intimate forensic procedure and provided it meetsthe description of an image, measurement or recording ofan external part of the body).

This definition does not include DNA samples.

Under the Australian Citizenship Act, a person seeking to sit thecitizenship test must provide a photograph to the departmentor allow a photograph to be taken of them.

Otherwise under the Australian Citizenship Act, a person is notobliged to provide a personal identifier to the departmentfollowing a request for one. However, the information from apersonal identifier can be used by the Minister to make adecision about a persons identity. The Minister must notapprove a person becoming an Australian citizen unless theMinister is satisfied of the persons identity. If an applicant failsto provide the personal identifiers requested, the Minister maynot be able to be satisfied of the applicants identity.

How will the department obtain your personal identifier?As at the date of publication of this form, photos and signatureswill continue to be the main personal identifiers collected frommost visa applicants, who will generally be able to provide thesepersonal identifiers to the department by attaching aphotograph to the visa application form and signing it. Forsome visa applications no personal identifiers will be required,while from some non-citizens additional personal identifiersmay be required.

As at the date of publication of this form, all citizenshipapplications will continue to request photographs andsignatures as the main types of personal identifiers. Citizenshipapplicants will generally be able to provide these personalidentifiers to the department by attaching an endorsedphotograph to the application, and then signing the application.

Special provisions for minors and incapable persons (visaapplicants only)

A minor who is aged under 15 years or an incapable person*cannot be required under the Migration Act to provide apersonal identifier other than a photograph or other imageof their face and shoulders or a measurement of their heightand weight.

In addition, where an identification test is carried out on aminor who is aged under 18 or an incapable person, theparent or guardian or an independent person** must bepresent. If the Minister is the minors guardian, the test mustbe carried out in the presence of an independent person. Insome cases, the minors parent or guardian (or, if a parent orguardian is not available, an independent person) must givetheir consent for the minor to provide a personal identifier.

Form

1243iYour personal identifying information

Notes

* Under the Migration Act (s.5(1)), an incapable person means aperson who is incapable of understanding the general nature andeffect of, and purposes of, a requirement to provide a personalidentifier.

** Under the Migration Act (s.5(1)), an independent person means aperson (other than an officer or an authorised officer) who:

(a) is capable of representing the interests of a non-citizen who isproviding, or is to provide, a personal identifier; and

(b) as far as practicable, is acceptable to the non-citizen who isproviding, or is to provide, the personal identifier; and

(c) if the non-citizen is a minor is capable of representing theminors best interests.


Why does the department collect personal identifiers?The department has authority under the Migration Act and theMigration Regulations 1994 to collect personal identifiers forthe following reasons:

identification and authentication of identity;

improving the integrity of Australias entry programs,including passenger processing at Australias border;

facilitating a visa-holders access to their rights under theMigration Act or the regulations;

improving the departments procedures for determining visaapplications and protection claims;

enhancing the departments ability to identify non-Australiancitizens who have a criminal history or who are of nationalsecurity or character concern;

combating identity and document fraud in immigrationmatters;

detecting forum shopping by applicants for visas;

ascertaining whether protection visa applicants or offshoreentry persons making claims for protection have hadsufficient opportunity to avail themselves of protection beforearriving in Australia;

complementing anti-people smuggling measures;

satisfying home governments of the identity of removees anddeportees.

The department also has the authority under the AustralianCitizenship Act and Citizenship Regulations to collect personalidentifiers for the following purposes:

identification and authentication of identity;

combating identity and document fraud in citizenshipmatters.

This allows, for example, the department to identify you for thepurposes of sitting a citizenship test.

Important information about privacyYour personal information is protected by law, including thePrivacy Act 1988 (the Privacy Act). Important information aboutthe collection, use and disclosure (to other agencies and thirdparties, including overseas entities) of your personalinformation, including sensitive information such as personalidentifiers, is contained in form 1442i Privacy notice. Form1442i is available from the departments websitewww.immi.gov.au/allforms/ or offices of the department.You should ensure that you read and understand form 1442i.

To whom can the department give yourpersonal identifying information?The department has authority under the Migration Act and theAustralian Citizenship Act to disclose your personal identifiersand related information to other agencies (Australian andoverseas) in certain circumstances for the following purposes:

data-matching in order to achieve certain outcomes (forexample, to combat identity fraud) (Migration Act only);

data-matching to identify or authenticate the identity of aperson. For instance, where you apply for a travel documentfrom the Department of Foreign Affairs and Trade (DFAT),the department will forward to DFAT:

your facial image (if available);

personal and visa related information; and

details of your travel document (if available);

administering or managing the storage of identifyinginformation;

making the information available to specified foreigngovernments, bodies of a foreign country, internationalorganisations and bodies of the Commonwealth, a state or aterritory for one or more of the purposes set out in section336F of the Migration Act (Migration Act only);

making the information available to the person to whom itrelates;

to an agency of the Commonwealth or of a state or territoryin order to verify that persons citizenship or visa status;

reasonably necessary for the enforcement of criminal law;

exchanging identifying information under an arrangementwith an agency of the Commonwealth, a state or territory oran agency of the state or territory under an arrangement forthe exchange of identifying information;

making the information available to a proceeding before acourt or tribunal relating to the person to whom theidentifying information relates;

relating to an investigation by the Australian InformationCommissioner or Ombudsman relating to an action taken bythe department;

relating to an inquiry by a prescribed body (for example, theHuman Rights and Equal Opportunity Commission or theAustralian National Audit Office) (Migration Act only);

to identify the person whose identifying information it is;

to locate the person whose identity information it is(Migration Act only);

for the purposes of citizenship or migration legislation;

for a purpose where we have your written consent;

required by Australian law.

The department is authorised under the Migration Act, incertain circumstances, to collect a range of personal identifiersincluding a facial image, fingerprints and a signature, from non-citizens, including from visa applicants. The department requirespersonal identifiers to assist in assessing your identity. Thedepartment is authorised to disclose your personal identifiersand information relating to your name and other relevantbiographical data to a number of agencies including lawenforcement and health agencies and other agencies who mayneed to check your identity with this department. Where thedepartment obtains personal identifiers they will become partof your official record with the department.

The department is involved in international informationexchanges with a number of countries pursuant to internationalagreements. These information exchanges may involve thesharing of personal identifiers, including facial images andfingerprint data. For an up to date list of the countries whichAustralia has agreements with, refer to Fact sheet 84 BiometricInitiatives, which is available from the departments websitewww.immi.gov.au/media/fact-sheets/84biometric.htm

If, as a result of this sharing between countries, there is a matchwith your personal identifiers, the department will disclose yourbiographical data, copies of travel and other identity documentsor information from such documents, your immigration statusand immigration history (which may include any immigrationabuse and offences) and any criminal history informationrelevant to immigration purposes. The purpose of suchdisclosure would be to help confirm your identity anddetermine if you have presented to the department and theother agency under the same identity and with similar claims.


If you are making an offshore humanitarian or protection visaapplication, the department will only disclose this informationif none of these countries is a country of claimed persecutionand only if the department is reasonably satisfied that thisinformation will not be disclosed to your country of claimedpersecution, unless:

you have requested or agreed to return to the foreign countryin respect of which your application or claim is made; or

your application for a protection visa has been refused andthe application is finally determined (within the meaning ofsubsection 5(9) of the Act); or

you are an offshore entry person who makes a claim forprotection under the Refugees Convention as amended bythe Refugees Protocol, and is found not to be a person towhom Australia owes obligations under the RefugeesConvention as amended by the Refugees Protocol.

Accessing your personal informationYou have a right to access your personal information under thePrivacy Act and to access copies of documents (except exemptdocuments) held by the department and other AustralianGovernment departments under the Freedom of InformationAct 1982 (the FOI Act).

Under the Privacy Act you may obtain original documents youhave given to us or copies of personal documents on your filewhich you have provided to us or that we have sent to you. Youor someone authorised to access your information on yourbehalf can apply to do this at any office of the department.

The FOI Act also enables you to access documents containingyour personal information. You or someone authorised to accessyour information on your behalf can apply to do this at anyoffice of the department in Australia fees and charges mayapply. If you are overseas, you must provide an Australianaddress to which copies of personal records can be sent.

More information on how to make a request under the PrivacyAct or the FOI Act is given on form 424A Request for access todocuments or information, which is available from an office ofthe department or the departments websitewww.immi.gov.au/allforms/

Amendment or annotation of your personal informationIf you are seeking an amendment or annotation of your personalinformation held by the department, please obtain form 424CRequest for amendment or annotation to personal recordsunder the Freedom of Information Act 1982 from an office ofthe department or from the departments websitewww.immi.gov.au/allforms/

Telephone 131 881 or the Citizenshipinformation line on 131 880 during businesshours in Australia to speak to an operator(recorded information available outside thesehours). If you are outside Australia, pleasecontact your nearest Australian mission.

General enquiryand citizenship

information lines

Home pages www.immi.gov.auwww.citizenship.gov.au

Your rightsIf you believe the department has wrongly collected or handledyour information, you can complain to the privacy officer at anyoffice of the department. Your complaint will be investigatedand you will be advised of the outcome.

If you are not satisfied with the departments response, you canwrite to the Australian Information Commissioner or to theCommonwealth Ombudsmans Office. The AustralianInformation Commissioner or the Ombudsman Officer caninvestigate complaints about the protection of personalinformation, order compensation to be paid where warrantedand direct departments to change the way they handle personalinformation. You can write to the Australian InformationCommissioner at:

GPO Box 5218SYDNEY NSW 1042

Or call the free privacy hotline 1300 363 992.

Or you can write to the Commonwealth Ombudsmans Officeat:

GPO Box 442CANBERRA ACT 2601

Telephone: (02) 6276 0111

Interpreter assistanceInterpreter assistance is available via the departmentsTranslating and Interpreting Service, which provides a national24 hour a day, seven days a week telephone interpreting serviceon a national telephone number 131 450.

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