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The Commonwealth and Immigration Ombudsman, Professor John McMillan, today released a report on the Department of Immigration and Citizenship’s Safeguards System.

The Safeguards System is a risk management system that DIAC uses to inform its decision makers of the types of checks or steps that need to be undertaken for particular visa applications and for applicants with certain characteristics. The Safeguards system also includes the Risk Factor List used to identity visa applicants who have a statistically higher chance of overstaying their visa in Australia.

‘This own motion investigation was conducted to determine whether DIAC had sufficient checks and balances in place to ensure the Safeguards System is being used appropriately and that it is a reasonably accountable and transparent system’, said Prof. McMillan.

To improve transparency, the Ombudsman recommended that DIAC consider whether some Safeguards information could reasonably be made public.

‘We recognise DIAC’s concern that the release of certain information could assist non-genuine applicants to frame a visa application in such a way as to circumvent immigration controls. However, there is a public interest in knowing the basis on which DIAC makes its decisions, including decisions to scrutinise some applications more closely.’

The Risk Factor List, which is published in a gazette notice, is the only publicly available information contained within the Safeguards System. The remaining Safeguards profiles contain an array of information, drawn from a range of sources and with varying sensitivity such as information relating to national security checking procedures.

This investigation also found gaps in DIAC’s accountability framework that need to be addressed. Ombudsman recommendations were aimed at improvements to Safeguards content, currency and recordkeeping.

‘Implementing the improvements recommended in this report will assist all areas of DIAC to maximise the use of Safeguards in upholding the integrity of Australia’s visa system’, said Prof. McMillan.

The Secretary of DIAC, Mr Andrew Metcalfe, accepted all of the Ombudsman’s recommendations. A copy of Mr Metcalfe’s response is included in the report.

The report is available online.

For further information or to arrange an interview with Prof. McMillan contact:

Elizabeth Courtney-Frost
Director, Public Affairs
02 6276 0133
elizabeth.frost@ombudsman.gov.au

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