ASIO checks came after Palestine visas were granted

Thousands of Palestinian visa-holders were referred for security checks after they were granted special visitor permits, with the Department of Home Affairs providing a list for review in March.

Former home affairs minister Clare O’Neil and former immigration minister Andrew Giles.

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Thousands of Palestinian visa-holders were referred to ASIO for security checks after they were granted special temporary visitor permits, with the Department of Home Affairs providing a list of 2601 visa holders for review by the spy agency in March.

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 visa holders 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.

“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 ministerial briefing note sent in April said.

“Where ASIO does not determine the visa holders 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’ murderous 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, including 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, 9,865 visas were granted to Israelis including 6153 visitor visas, with 255 visa applications refused.

Up to 70 per cent of the roughly 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. Picture: NewsWire / Martin Ollman

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.”

Departmental advice said a visa applicant would not meet character requirements if they have a substantial criminal record or links to organised crime, there is a risk that while in Australia they will engage in criminal conduct or intimidate others and 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 like 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.

“The (Home Affairs) Minister is mindful of the potentially negative impacts of the release of some information on communities or visa holders and has redacted information where it may endanger a person or public safety. Other information has been redacted where it is not relevant to the scope of the request or the release would unreasonably impact on the privacy of APS staff or Home Affairs’ clients.”

A briefing note sent to Mr Giles earlier 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 short-term 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 prepared for 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.”

“Visa officers rarely rely on a single document or piece of information to be satisfied of identity. Rather, they consider how multiple documents and pieces of information corroborate the claimed identity as well as the context and circumstances of the applicant.”