Categories for issuing a COI
Summary: four categories of applicants:COI
There are five categories of applicants who may be considered for the issue of a Certificate of Identity (COI).
- People who are stateless or in Australia on a protection Class BA subclass 202 Global Special Humanitarian and Special Assistance Category 208 to 217 visas.
- Holders of a Resolution of Status (RoS) visa (Class CD) subclass 851 who previously held a non-refugee visa.
- Holders of a Class XA Protection (subclass 866) visa granted on complementary protection grounds.
See ‘Class XA subclass 866 Protection visa holders granted on complementary grounds: COI’
- Voluntary and non-voluntary returnees.
- Non Australians/non-British citizens in Australia whose government does not have a presence in Australia but who have an urgent need to travel for compassionate circumstances and who can show their government cannot provide a travel document in time to meet the travel needs.
Stateless person:COI
1. A stateless person is a person who does not have citizenship of any country. The Department of Immigration and Citizenship (DIAC) can only confirm the status of persons holding one of its subclasses of visa. It is unable to confirm nationality or status for persons not holding a visa.
2. It is the applicant’s responsibility to furnish proof of statelessness through DIAC if applicable.
Class BA subclass 202 Global Special Humanitarian visa holders:COI
1. Subclass 202 applications are assessed on criteria similar to United Nations refugee criteria but with a test of substantial discrimination rather than persecution. As a matter of policy, successful subclass 202 visa applicants are not requested to obtain a travel document from the country of which they claim to be a national, nor do they need a letter from the Embassy.
2. All subclass 202 visas are evidenced in a Document for Travel to Australia (DFTTA). The DFTTA is valid for a single journey to Australia and is not a long-term substitute for a passport or other identity document.
3. A subclass 202 visa is sufficient evidence for issue of a Certificate of Identity (COI) if an intention to travel is also provided. If verification required, the Canberra Regional Eligibility Centre can confirm the visa status and personal details of the visa holder.
Special Assistance Category 208–217 visa holders:COI
1. A Special Assistance Category 208–217 visa is issued on humanitarian grounds. Presentation of this visa is sufficient evidence for the issue of a Certificate of Identity (COI) in Australia. If verification required, the Canberra Regional Eligibility Centre can confirm the visa status and personal details of the visa holder.
2. Applicants are not required to attempt to obtain a travel document from their consular representative as a prerequisite.
Resolution of Status (RoS) (Class CD) subclass 851 visa holders:COI
Holders of RoS 851 visas may be eligible for either a Certificate of Identity (COI) or Convention Travel Document (CTD) depending on what category of visa they held prior to being granted the RoS visa.
RoS visa holders who previously held a visa other than a refugee visa are eligible to apply for a COI if an intention to travel is also provided. The applicant must present their current and previous visa and proof of travel with their PC5 form application.
RoS 851 visa holders who previously held a refugee visa 785, 447 or 451 retain their refugee status and would be eligible to apply for a CTD and not a COI.
Visa classes 202, 208-217 previously referred to by DFAT as protection visas should correctly be called humanitarian visas. The term ‘Protection Visas’ is a broad term covering both humanitarian and refugee visas.
Guideline for PC5 form application for holders of RoS 851 Visas
Previous Visa Category |
Granted an RoS 851 visa |
Travel Document |
Requirement |
785 |
Yes |
CTD |
|
786 |
Yes |
COI |
Proof of travel required |
447 |
Yes |
CTD |
|
451 |
Yes |
CTD |
|
Other visa category (family member) |
Yes |
COI |
Proof of travel required |
People being deported: Involuntary/Voluntary removals:COI
People being deported from Australia who have no other travel document may be issued with a Certificate of Identity, but only if sponsored by the Department of Immigration and Citizenship (DIAC).
Voluntary removals living in the community:COI
Lodgement procedures for voluntary removals living in the community are as follows:
- The onus is on the individual to obtain a travel document from their own government representatives, whether the government is represented in Australia or not.
- In cases where travel is imminent and there are difficulties or delays obtaining a travel document from the person’s own government representatives, DFAT would accept a letter from the Department of Immigration and Citizenship (DIAC) recommending issue of a one-way restricted validity Certificate of Identity (COI) to allow the person to depart Australia by the desired date.
- Applicants that qualify for a COI under this category (i.e. DIAC are sponsoring the removal but the applicant cannot obtain a national passport to allow travel to occur) are required to complete a PC5 application form. Those living within the community are required to attend a personal interview at their nearest Australian Passport Office (only). In these cases a supporting DIAC letter is to accompany the application.
- A one-way limited COI is to be issued to allow travel to take place, validity limited to a minimum which allows travel to be undertaken.
- Where the applicant has difficulty in providing the normal guarantor on the application form, APO will accept ID certification provided by DIAC on the application form.
- Payment of the normal fee is required.
- Where a voluntary returnee remains in custody, their application should be passed direct to the Canberra Passport Office by DIAC head office under cover of a letter requesting issue of a travel document.
- International Organisation for Migration (IOM) may act on behalf of DIAC in managing the voluntary return of various visa or non-visa holders from Australia to their home countries but a letter of support to issue a travel document from DIAC is still required. IOM must not involve itself in the actual process i.e. completing application forms, attending the interview etc.
- The issued document is to be handed to DIAC (Returns and Removals Section or a local DIAC representative in the state) and a receipt obtained for the document. The receipt is to be scanned into Delta as part of the dossier.
Compassionate grounds: person cannot obtain a passport and foreign government not represented in Australia:COI
In limited compassionate circumstances, may consider the issue of a Certificate of Identity (COI) on a case by case basis. Validity will be limited to the minimum time required for travel to be completed.
Compassionate criteria are:
- Death or serious illness likely to lead to death of an immediate family member (i.e. father, mother, spouse, husband, wife, brother, sister), where the applicant’s government is not represented in Australia and it is not possible to obtain a foreign-national travel document in time to meet the emergency travel needs. The applicant must provide a statement from a medical authority confirming the situation;
- Where it can clearly be shown that an approach to the person’s own government (usually due to a sudden overthrow of the former government) for a travel document would represent a serious threat to that person’s life or wellbeing; or
- For newly created countries where a national passport service has not yet been developed or, for those countries where the Australian Government does not recognise the government or travel document of that country.
The Delegate may use their discretion to approve the issue of COI’s under other compassionate or unusual circumstances.
Note: Delay is not an acceptable reason for entitlement to a COI. The Administrative Appeals Tribunal has ruled that it is not unreasonable to wait six months to be issued a passport from the country of nationality.