SUBMISSION TO SENATE SELECT COMMITTEE ON COVID-19
by
Anthony van der Craats Registered Migration Agent
THAILAND
May 24-2020
Dear Senators
Thank you for the opportunity to make this submission.
INTRODUCTION
I am currently based in Thailand providing migration and administrative support for those wishing to seek a visa to Australia, as such, I was able to witness first hand a comparison the efforts to flatten the curve and limit the spread of the COVID-19 virus and the limited effort undertaken by the Australian and Thai Governments in the early stages of the pandemic.
THAILAND
Thailand is in the middle of mainland Southeast Asia. It has a total size of 513,120 km2 (198,120 sq mi) which is the 50th largest in the world. The land border is 4,863 km (3,022 mi) long with Myanmar, Cambodia, Laos and Malaysia. The nation's axial position influenced many aspects of Thailand's society and culture. It controls the only land route from Asia to Malaysia and Singapore. It has an exclusive economic zone of 299,397 km2 (115,598 sq mi). - Source Wikipedia
With approximately 70 million people (nearly three times that of Australia and less economic resources) Thailand has had a low number of cases and minimal impact of the COVID-19 virus by comparison with other countries
Thailand, unlike Australia which is an island nation, has land borders with Laos, Myanmar, Cambodia Malaysia and Singapore.
Thailand acted swiftly introducing policies to limit the transmission of the COVID 019 Virus by implementing social interaction and internal travel restrictions which has proven to be successful. The Thai Government cancelled flights to and from China, cancelling tourist groups visiting Thailand.
The Government introduced curfews, closing down bars and other venues that proposed a significant risk to the transmission of the virus by limiting social interactions.
Advice being given to Thai Nationals and expats to “Stay at Home” Public beaches and some resorts were closed down.
Supermarkets and other essential service providers introduced policies and procedures of temperature checking and hygienic hand cleansing for all customers who entered their premises. The wearing of protective mask was mandatory and tight control and check points across provincial boarder introduced
These measures, whilst restrictive, have been effective
Apart from the Tourist industry which has been severely impacted by the COVID19 Pandemic I expect that Thailand’s economy will rebound in areas of agriculture and manufacturing. Thailand has already began easing its restrictions.
Visitor’s to shopping centres and various department stores are required log in and log out using a QR Code and their mobile phone enabling trace and connect should it be required. Another effective means of monitoring and limiting the spread of the virus.
AUSTRAIA’S RESPONSE TO COVID-19
By comparison Australia’s response was much slower than Thailand
The main impact to Australia has been the repatriation of Australian Citizens and restrictions applied to temporary visa holders
Many who have been caught up in the lock down process
We have clients who have been locked out from returning to Australia.
Clients who completed a Master’s Degree at an Australian University and who have applied for a Graduate visa to allow them to remain in Australia to again valuable work experience. They travelled abroad for what was supposed to be a short visit back home for the Christmas/New year holiday. They were caught out by the timing of the restrictions imposed. Unable to return to Australia as a result of the travel bans.
Their Bridging Visa “B” running out and a high level of uncertainty as to the future. They continue to pay rent back in Australia. Now without a visa they now will have additional costs associated with renewing their visa to return to Australia. All to No fault of their own. In all other aspects they have fully complied with the terms and conditions of their visa to Australia
VFS GLOBAL ‘Bio-Metric Data Collection Centres”
In 2019 I had the opportunity to visit the Australian Visa Centre operated by (VFS Global) in Bangkok
Having previously studied Architecture and Statutory Control of Public Buildings (1977- 1980). I was acutely aware of the risks to public health and safety of these facilities in Bangkok.
The data collection centre located on the 22nd floor of the Trendy Building caused considerable concern related to overcrowding, air-conditioning, lifts, queuing in the corridors, document handling and other facilities.
These facilities were not only for applicants’ seeking visas to Australia but also serviced many other states/countries.
Request to close down the Bio Metric Data Collection Centres
On March 16.2020 at the early stages of the pandemic I wrote to the Australian Government and the Chief Medical Officer expressing my concern and the need to close down these facilities. They represented a serious nodal point for the contamination and transmission of the COVD-19 disease.
These centres are at the same level if not greater risk of transmission of the disease as a check-in desk at departure lounge at an Airport
The Australian Government failed to respond or act.
Other countries such as Italy and Finland acted quickly and closed down their VFS Global Visa Data Collection Centres much earlier than Australia. Australia being one of the last to act.
It was made worst by the fact that there is no valid justification for visa applicants who hold an authorised e-Passport to attend these centres
The need to collect bio metric data was introduced in 2010 by the Rudd/Gillard Government when at the time there was some justification, Thailand and other nations did not issue e-Passports or record bio-metric data at the time.
Australian Visa Applications were predominately paper based back in 2010.
This is not the case today. Most visa applications submitted are online and the Thai Government introduced and began issuing -E-passports in 2015 These passports meet international standards and record the passport holders biometric data.
The Philippines by comparison introduced bio metric e- passports in 2009. Australia does not require biometric data collection for visa applications in the Philippines.
The requirement imposed by the Australian government for visa applicant to attend the VFS Global Data Collection Centres is unjust and unfair, negatively impacting on Thai citizens the most. It brings Australia into disrepute.
Does the Australian Government not trust the Thai Government’s new e-passport system? Should the Thai Government implement similar provisions for Australian passport holders to enter Australia?
Applicants’ who do not live in Bangkok or Chiang Mai need to travel to the VFS Global Data Collection centres at considerable costs (up to AUD$500 or more). Including transport by internal air-services, public transport and accommodation.
Repeat visa applications also require repeat biometric-data collections even though the data does not change
The situation was made worst by the fact that the Australian Government required applicants to provide this data for every visa application. This could mean that an applicant needs to attend these centres on more than one occasion in less than one month.
The outbreak of the COVID-19 Virus
The outbreak of the COVID-19 Virus gave rise to additional concerns about the health and safety risks of the Biometric Data Collection process and the urgency to review this practice.
Applicants for visas to visit Australia were told they need to attend the Biometric Data collection centre Which they claimed was mandatory (They failed to mention that an application can be made to have this provision waived).
Applications to have this provision waived were ignored by the Australian Embassy and visa processing staff in Thailand who continued to be unaware of Government policy or were not willing to grant a waiver under the circumstances prevailing at the time.
One application by a client, who was invited to Australia by her finance to visit him and his family, was denied an exemption and they required her to attend the Bio-metric Data Centre, even though internal travel restrictions and concerns for health and safety prevented them from doing so.
The VFS Global Data collection centre was closed the following day (It should have been closed much earlier in the crisis). This indicated that Embassy staff were not kept informed as to the policy and developments. (See attached correspondence and time line - redacted to protect the identity of the applicant)
The process and requirement of Biometric data collection is unnecessary and outdated.
There are safer and cheaper alternatives.
It concerns me that the government is planning on reopening these centres When the crisis abates (Statements made by the Ambassador to Thailand, Mr Allan McKinnon. On social media indicate this is the case). They should be reviewed not reopened,
Identity Security.
E-Passport holder’s identity and biometric data is checked at the airports on departure, ticketing and again on arrival in Australia when passing though Immigration Control. Non e-passport holders could be required to either renew their passport or pre-register biometric data.
“The Australian Government could/should develop and deploy a smart phone application that can read the e-passport data, take a photo of the applicant and record finger print data using a smart phone to verify the applicant’s identity”
The costs of developing such an application would be minimal (estimated at $50,000) and would costs the applicant less than $1 to $5 as opposed to the hundreds of dollars currently required to attend VFS Global data collection centres. I could write such an application within six-weeks, even less if priority was required.
Such an application would be more efficient, cheaper and safer than the current process and requirements.
Anthony van der Craats, MMIA
Senior Systems Analyst (ICT)/Registered Australian Migration Agent
Former Secretary/Advisor to the late Hon Evan Walker. MLC, Member for Melbourne (Former Leader of the Government in the Legislative Council (Victoria), Minister for Major Projects. Minister for Agriculture and Minister for Post Secondary Education and Minister for the Arts)
March 16 – Wrote to the Prime Minister and Cabinet, Minister of Foreign Affairs, Minister of Trade, Minister of Health and the Chief Medical Officer
Dear Mr van der Craats
Thank you for your correspondence of 17 March 2020 to the Prime Minister, Hon Scott Morrison MP, and several other portfolios concerning the Australian Visa Application Centre in Thailand operated by VFS Global (VFS). Your correspondence has been referred to the Minister for Home Affairs, the Hon Peter Dutton MP, as the matter raised falls within his portfolio responsibilities. The Minister appreciates the time you have taken to bring this matter to his attention and has asked that I reply on his behalf.
The Department of Home Affairs (the Department) has arrangements with commercial companies overseas to provide visa lodgement support services through Service Delivery Partners. In Thailand, the Department has an arrangement with VFS to provide visa application and biometric collection services.
Biometrics are an important tool in identity management globally, helping countries reduce fraud and integrity risks. The Department collects biometrics to establish a traveller’s identity and conduct immigration, criminality and security checks with domestic and international partners. These checks are essential to protect the Australian community from harm.
The Department’s offshore biometrics collection program requires that non-citizens, regardless of nationality, who lodge a visa application in selected countries, must provide fingerprints and a photograph as part of their visa application. It is the Department’s policy to collect biometrics and conduct appropriate checks at the time of each new visa application to ensure the identity of the traveller is confirmed biometrically. Collecting biometrics at the time of each visa application assists to ensure that the person who travels to Australia is the same individual who has been granted a visa to travel.
The health and safety of people are the most important consideration. People, in this context, include Australian Visa Application Centre (AVAC) staff, contractors, and clients equally.
4 National Circuit Barton ACT 2600 PO Box 25 Belconnen ACT 2616 • Telephone: 02 6264 1111 • www.homeaffairs.gov.au
VFS Global Bio Metric Data Collection Centres (Thailand)
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 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
The response by the department has not considered the need for applicants to travel to these centres.
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 effective a tax 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.
Page 2 of 3
- 3 - and effect of, and purpose of, a requirement to provide a personal identifier. For example, someone with an intellectual disability. Evidence may need to be provided that they are considered an 'incapable person'.
The following arrangements apply to ‘incapable persons’:
a photograph of their face and shoulders only will be taken.
Under policy, the presence of a parent or guardian is required before personal identifiers of incapable persons are collected.
Processing your application While every effort is made to process visa applications as quickly as possible, until all applicants listed above have provided personal identifiers this application may not be finalised.
The provision of personal identifiers is only one of several stages in the visa assessment process. As I have required you to provide personal identifiers, compliance with this requirement will assist us to process your application as quickly as possible.
Additional Information Since 5 May 2014, applicants who have spent 28 days or more in one or any combination of countries listed under the Endemic and Outbreak categories on the Global Polio Eradication website must provide a current polio vaccination certificate. This is in response to the World Health Organization’s declaration of a Public Health Emergency of International Concern, noting outbreaks of polio in these countries.
If you have not yet provided the Department with a current certificate of vaccination against polio with your visa application, you should bring the certificate to your biometrics appointment. If you do not provide the vaccination certificate, the processing of your application may be unnecessarily delayed.
More information and a link to the list of countries is available on our website immi.homeaffairs.gov.au/help-support/meeting-our-requirements/health/threats-to- public-health#content-index-3
Your information – your privacy Your personal information is protected by law, including the Privacy Act 1988. Important information about the collection, use and disclosure of your personal information, including sensitive information, is contained in Form 1442i Privacy Notice.
Form 1442i is available from our website www.homeaffairs.gov.au/privacy You should become familiar with this information before providing your personal information to us.
More detailed information about how your personal identifiers may be used is available on our website and on our Form 1243i Your personal identifying information: immi.homeaffairs.gov.au/form-listing/forms/1243i.pdf
Department of Home Affairs OFFICE: 6 Chan Street Belconnen ACT 2617 POSTAL: PO Box 25 Belconnen ACT 2616 WEBSITE: www.homeaffairs.gov.au - 4 -
Receiving this letter As this letter was sent to you by email, you are taken to have received it at the end of the day it was transmitted.
Yours sincerely
Department of Home Affairs
Attachment(s) Form 1243i Your personal identifying information
The original of this letter including any attachments was sent to: Anthony Van Der CRAATS
Department of Home Affairs OFFICE: 6 Chan Street Belconnen ACT 2617 POSTAL: PO Box 25 Belconnen ACT 2616 WEBSITE: www.homeaffairs.gov.au
Visitor (Subclass 600) Visa
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
Summary
The Applicant’s application meets all requirements pursuant to the Australian Migration Act and regulations and PAMS and the criteria for the withdrawal of the requirement to provide Personal Identifiers.
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.
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Visitor (Subclass 600) Visa
PAMS
Notes:
You can apply to have the request withdrawn:
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) 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
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Immigration Section Bangkok Apr 13, 2020, 1:35 PM to me
UNCLASSIFIED
Dear Anthony,
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.
In reviewing
Consequently there is no valid reason to grant a waiver of the biometric requirement for your client, as the visa applicant can complete this requirement at a later date.
For your information and awareness, the Department responds to emails as quickly as possible. Sending multiple/repeat emails related to the same application is unnecessary and results in slower responses for all clients. When contacting the Department via this email address, a single enquiry is sufficient and will receive a timely response if the enquiry is not covered by the auto- response and/or FAQs.
Kind regards,
Immigration Bangkok
Department of Home Affairs