Breaking Australian immigration news brought to you by Migration Alliance and associated bloggers.
Online partner visa applications
Firstly, a relevant issue that needs to be addressed is with the online partner forms.
If a person submits an offshore partner application using the DIBP online system then the DIBP online system currently doesn't allow the draft to be prepared stating that it couldn't confirm the location of the applicant.
After contacting the eVisa support team a very clever Registered Migration Agent discovered that the visa applicant for the offshore partner visa was actually visiting their spouse in Australia. This is why the online partner visa system wouldn't allow the offshore application to be prepared. E-services don't ask for the 956 form the agent and provide information about the visa applicant. Our agents have never been asked for a form 956 by e-services support.
There are two issues here:
1. Privacy breach:
This means any person could theoretically prepare a false partner visa application for a person (eg jilted ex partner / ex-wife / husband / estranged girlfriend) if they know the person's particulars such as their passport details. The online partner visa application could then be used to find out if a person is inside or outside of Australia. This has potential for abuse since there is no security mechanism to stop this kind of 'enquiry'
2. Disallowance of online preparation based on location (location determined):
The agent was not submitting the visa application. Whilst the system should prevent submission (since it's an offshore application), it should still allow the draft to be prepared.
VEVO - continued privacy issues and non-verification of employer permissions by DIBP
Any organisation can sign up and check the details of a "potential employee" and their Australian visa status. This includes checking whether the person is inside or outside Australia. If I am a business owner and want to check on my ex-wife or known enemy then I can go onto VEVO and pretend I am checking them like they are my "potential employee'" . The system will then tell me where they are and which visa they hold etc. To find out the visa status and location of a person, all one needs is a copy of their passport biopage.
Just because the DIBP website states that a person 'needs to have the other person's permission' doesn't mean that the system forces the person using the system to actually get that permission from the other person. It's too late if permission was deliberately not sought from the visa holder and the checks are done by someone they don't want to be checking their details. It's too late for the unwitting visa holder. The information is already available, including information whether they are inside or outside Australia and so on.
Let me try and give a real life example. The first thing that springs to mind are two separated parents where one parent has a court order to stay away from the children, has just left prison, and is looking to locate the children and abduct them. If the parent goes online and uses VEVO to check where each child is and finds out that the mother is outside Australia but the children are still inside Australia then this represents an increased risk to the children. Yes, this is far fetched but there are many variations on this theme, from crime gangs and syndicates and mis-use by warring in-laws.
Honestly I don't think that any old 'Tom, Dick or Harry' should be able to register randomly on VEVO or any other DIBP online application and randomly check on someone elses visa status without VERIFYING that they have ACTUALLY got permission in writing, signed by the visa holder and submitted to the DIBP using a form 956A.
If this is not happening then the question needs to be asked. Why are the DIBP communicating with unknown and unverified people about a third party's visa status?
How does DIBP know whether a person has permission to act for and on behalf of the third party?
The DIBP's Form 956A specifically states that the form is to be used by sponsors and nominators of visa applicants as an authorised recipient.
There is no verification being done by DIBP and no form 956A being used. Why not?
Let's not have VEVO as some kind of 'stalker's paradise' system.
Wow...this is amazing. Liana you are a very clever little rabbit. What I want to know is how the department cannot work this out. There are so many of them in there. Too many bureauocrats. It's really quite sad. What I wonder about is that the system didn't even let the person prepare the application. What about if the person wants to lodge it and have it refused? Does the system prevent lodgement too?
RTA, exactly it would not be practical. That's why DIBP should stop public access and prevent the whole of the system being exploited by people they don't know. It's a total mess. As Julie says it should ONLY be available to people who have been pre-vetted by the DIBP and REGISTERED to communicate with the DIBP such as RMAs. Anything less is a complete privacy breach. DIBP have no control over their own VEVO system. Until now the DIBP have thought it was ok to give anyone access because it means less work for them. It means they are essentially outsourcing the whole system to the public. Shocking breach of privacy for those individuals who don't consent to their details being looked up.
Stalkers can use VEVO to determine their target's location and visa status if they have a copy of their target's passport biopage