The Australian Security Intelligence Organisation (ASIO) protects Australia and Australians from threats to their security. Key to this work is the ASIO’s security assessment function which ensures that security is considered in government decision-making processes such as issuing passports, granting visas, and granting access to sensitive government information.
However, sometimes one may disagree with an adverse ASIO security assessment, and the avenues for challenging the assessment may not be clear. This article examines the options available.
Can IGIS help with an adverse security assessment?
While the Inspector-General of Intelligence and Security (IGIS) reviews the activities of Australian intelligence agencies including the ASIO, it does not assess the merits of any particular security assessment and cannot overturn a decision.
However, IGIS may examine procedural aspects of security assessments made by ASIO, including where IGIS considers that:
- A processing error may have been made.
- The assessment lacks balance or objectivity.
- There are questions as to the legality or propriety of the process.
In such scenarios, IGIS may ask the ASIO to conduct a fresh assessment. If you believe there has been an error of this nature, you can make a complaint to IGIS.
Other avenues that may be available to you are contacting the Security Appeals Division of the Administrative Appeals Tribunal and the Independent Reviewer of Adverse Security Assessments.
Security Appeals Division of the Administrative Appeals Tribunal
If you receive an adverse or qualified security assessment from ASIO, in certain circumstances you can apply to the Security Appeals Division of the Administrative Appeals Tribunal for a review. This includes:
- Security assessments provided for Australian passport applications or cancellations.
- Some employment-related security assessments.
- Some visa and citizenship applications.
Independent Reviewer of Adverse Security Assessments
The Independent Reviewer of Adverse Security Assessments can also conduct a form of merits review of adverse security assessments in relation to people who:
- Remain in immigration detention.
- Have been found by Home Affairs to be owed protection obligations under international law.
- Are ineligible for a permanent protection visa, or have had their permanent protection visa cancelled, because they are the subject of an adverse security assessment.
The Director-General must respond to the Independent Reviewer and may take action if they agree with the Independent Reviewer’s opinion.
Key takeaways
If you have been impacted by an adverse security assessment from the ASIO, multiple avenues may be available for challenging the assessment. While IGIS cannot assess the merits of a security assessment or overturn a decision, it may examine procedural aspects and ask the ASIO to conduct a fresh assessment. Depending on your circumstances, you may be able to seek a review of the assessment from the Security Appeals Division of the Administrative Appeals Tribunal or the Independent Reviewer of Adverse Security Assessments.
