Migration Amendment (Seamless Traveller) Regulations 2018

‘The amendments will reduce the processing burden for travellers at international ports using a SmartGate (or other authorised system) by removing the requirement to present a physical passport if details of their passport are already held electronically and can be used to establish identity’.

The new Migration Amendment (Seamless Traveller) Regulations 2018 commenced on 17 November 2018. Its explanatory statement contains the following passages:

In particular, the amendments will reduce the processing burden for travellers at international ports using a SmartGate (or other authorised system) by removing the requirement to present a physical passport if details of their passport are already held electronically and can be used to establish identity.

Prior to these amendments, an image of the traveller’s face and shoulders had to be compared with the image and details in the physical passport to establish identity, citizenship and visa status, as applicable.  Under these amendments, in certain circumstances, the image of the person’s face and shoulders can instead be compared with electronic passport details already held, saving the inefficient burden of presenting the physical document and more quickly clearing travellers in increasingly busy ports. For non-citizens, the electronic passport details are obtained the first time a person travels on that passport. For Australian citizens, these details may be obtained either the first time a person travels on that passport or they may also be able to be obtained from the Department of Foreign Affairs and Trade.

The physical passport will still be required in some circumstances, for example, if identity or visa status cannot be established using the new method or if there are integrity or other issues. The physical passport will also be required at ports that have not rolled out the new technology and in circumstances where travellers are processed manually (by a clearance officer).

 


Disclaimer: the above is a mere tentative analysis of a court decision. The views expressed in those documents might not reflect the view of the Department, the AAT or the courts. The law or policies might have changed between the writing and reading of this article. The author of this article and Migration Law Updates disclaim any liability for any action (or omission) on their part based on any information provided (or not provided) in this article and are under no obligation to keep the general public nor practitioners informed about the matters discussed in this article or any other matters, or any future changes to any of those matters. It is the responsibility of each practitioner to obtain access to primary sources of law and policy by themselves and to carry out their own research and come to their own conclusions on legislation, case law, policies and more. This article is not intended for the general public.


Sergio Zanotti Stagliorio is a Registered Migration Agent (MARN 1461003). He is the owner of Target Migration in Sydney. He can be reached at sergio@targetmigration.com.au

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