IranWA recently had the privilege of engaging in productive discussions with two distinguished Australian officials: the Hon Andrew Giles MP, Minister for Immigration, Citizenship, and Multicultural Affairs, and Deputy Commander Joint Agency Task Force Operation Sovereign Borders, Mark Whitechurch. During these discussions, we had the opportunity to address significant concerns and questions on behalf of our community.
One of the key issues we raised pertained to the safety of Australian-Iranians traveling to Iran, particularly in light of the current regional situation. We expressed concerns about the practice of taking hostages in the Islamic Republic, which has taken a toll on the mental well-being of our community members. We sought guidance on precautions and preparations for those who may need to travel to Iran, as well as the specific steps they can take to protect themselves.
Additionally, we inquired about the visa application process for Iranians and whether there is differentiation made by the Australian government and police force when vetting visa applications. Our interest was to understand if there is a distinct screening process in place to identify individuals who may have been involved in criminal activities or pose a threat to Australians when applying for visas.
At IranWA, we value the input of our community deeply. We encourage all community members to actively engage with us by sharing their concerns and questions related to immigration, travel, and other important matters. Your insights and inquiries are essential in helping us advocate effectively on your behalf. Please feel free to reach out to us with your queries, stories, and concerns. Together, we can continue working towards finding solutions and addressing the issues that matter most to our community. Contact us at info@iranwa.org.au, and let your voice be heard.
below are the official answers we have received form the Department of Home Affairs:
In light of the current situation in Iran, many Australian-Iranians are apprehensive about traveling to Iran due to concerns about the Islamic Republic's practice of taking hostages for potential prisoner exchanges or ransom. This situation has had a significant negative impact on the mental health of Iranian Australians. While the general recommendation is not to travel to Iran, if someone finds it necessary to go, what precautions and preparations do you suggest they take to protect themselves?
· As Iran does not recognise dual nationality, the Australian Government’s ability to provide consular assistance to Australians, particularly dual Australian-Iranian nationals, is extremely limited.
· Our travel advice is continually reviewed for Iran, and we continue to advise do not travel to Iran. This advice is available on DFATs Smart Traveller website. Australians, including dual nationals, should strongly consider leaving Iran as soon as possible. Foreigners, including Australians, are at a high risk of arbitrary detention or arrest. Foreign and dual nationals, including Australians, have been detained without due process of law. Localised protests continue in parts of the country.
· Avoid all protest activity and monitor media for possible threats.
Specifically, do you recommend that they enter Iran using their Australian passport, and what steps can they take to seek assistance if they encounter trouble at the airport or during their stay.
· Iran’s border control policies are a matter for the Iranian Government.
· Iran does not recognise dual nationality. We have no information to suggest that Australian-Iranian nationals attempting to enter Iran on their Australian passports will mitigate the risks of travelling to Iran, including arbitrary arrest and detention. Our ability to provide consular support to dual Australian-Iranian nationals is extremely limited. We can't guarantee access to consular services or legal representation if you're detained or arrested.
· We advise Australians, including dual nationals, should strongly consider leaving Iran as soon as possible. Foreigners in Iran, including Australians, are at a high risk of arbitrary detention or arrest. Foreign and dual nationals have been detained without due process of law.
· If despite our advice you travel to Iran, you'll need a visa to enter and you'll need to get it before you travel. Contact your nearest Iranian embassy for details.
· Airlines may cancel or reduce their operations into and out of Iran at short notice.
· If you're over the age of 12, you must provide a valid COVID-19 double vaccination certificate in English issued no later than 14 days before your flight. If you don't have a valid COVID-19 vaccination certificate you may present a negative COVID-19 (PCR) test conducted within 72 hours prior to departure from the first point of embarkation. Check COVID-19 entry requirements with your airline prior to departure.
· Some countries have restrictions on travellers coming out of Iran.
· If your passport contains Israeli stamps or visas, Iranian authorities will refuse you entry.
· If you overstay your visa in Iran for any reason, even one beyond your control, you'll incur a fine. The Australian Government cannot pay this fine for you. You must also apply for an exit visa. You can get more information on Iranian visa and exit permit requirements from the Iranian Passport Police Office or Ministry of Foreign Affairs.
Is there a differentiation made by the Australian government and police force when vetting visa applications between ordinary individuals from Iran and government officials or former members of the Iranian government? Is there a separate screening process in place to identify individuals who may have been involved in criminal activities or pose a threat to Australians when considering their visa applications.
· The Department does not comment on individual cases.
· Australia has a right to determine whether non-citizens who are of character concern are allowed to enter and/or remain in Australia.
· All non-citizens, regardless of their position or designation, who wish to travel to, enter or remain in Australia must satisfy the requirements of the Migration Act 1958 (the Act) and the Migration Regulations 1994, including identity, health, character and security requirements.
Character Test
· It is expected that all visa applicants, regardless of their position or designation, are law-abiding and meet the requirements of the character test, as defined by section 501 of the Migration Act.
· A non-citizen may fail the character test for a number of reasons, including where they have a substantial criminal record; where their conduct represents a risk to the Australian community; or where they are suspected of associating with, or being a member of, a group involved in criminal conduct.
· Character delegates are bound by a Direction given by the Minister to take into account primary considerations which include protection of the Australian community from criminal or other serious conduct, and expectations of the Australian community.
Natural Justice
· A non-citizen who is being considered for refusal of a visa or visa cancellation under section 501 may be afforded natural justice prior to a decision being made. The non-citizen will be provided with 28 days to comment on any information held by the Department which the decision maker may rely on to decide whether the person passes the character test, and whether or not their visa should be cancelled/refused.
· However, natural justice provisions do not apply for mandatory cancellations, or where the Minister is satisfied that the visa refusal or cancellation is in the national interest.
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