Australian declaratory visas

Compelling reasons for the issue of an ADV

The use of Australian passports for travel by Australian citizens into and out of Australia should be encouraged in the first instance. There are, however, some compelling situations where travelling with an Australian travel document will present difficulties for an Australian citizen who is a dual national.

Following are three examples of what may be considered compelling reasons for the issue of an ADV. This list is not conclusive and there may be other situations that may require the issue of an ADV to be considered. For situations not covered below and for which further guidance is required, officers may email this instruction’s owner:

• Emergency situation in which processing of an Australian passport is not feasible
• Travel document and/or visa restrictions
• Compelling situation involving personal risk if travelling on Australian travel

Emergency situation in which processing of an Australian passport is not feasible

An emergency could include, for example, a genuine and unforeseen need for urgent travel due to serious illness of a family member, business matters of a critical and exceptional nature or a life-threatening situation requiring immediate evacuation.

Responsibility for Australian citizens rests primarily with DFAT. If DFAT advises this department that the normal arrangements for the issue of an Australian travel document, or that the normal arrangements for the authorisation of uplift are either inappropriate or not feasible, an ADV may be issued.

Travel document and/or visa restrictions

 There may be restrictive travel document or visa requirements that seriously disadvantage an Australian citizen with dual nationality. For example, there may be a situation in which an Australian:

• cannot enter a country on an Australian travel document or
• cannot obtain the appropriate visa in their Australian travel document due to lack of time in an emergency. (Note: Applicants should be advised that DFAT’s Australian Passport Office provides a priority processing service for those satisfying requirements of genuine Payment of the priority passport fee guarantees the processing of a passport application within two working days.)

or

• for some other insurmountable situation, must enter and leave a country on their travel document of other nationality, and require evidence of an exit visa or right to enter to another country.

Compelling situation involving personal risk if travelling on Australian travel document

 A compelling situation could include a situation where the applicant would be genuinely at risk of either physical harm, intimidation or loss of personal rights or possessions if travelling with an Australian travel document. An example of a compelling situation includes that where an Australian citizen, and/or their relatives, may lose inheritance rights, property or access to services if travelling to their country of other nationality with an Australian travel document. Another example is that where an applicant provides a strong case indicating that significant intimidation, discrimination or threat to personal safety would occur on entering or leaving a country with an Australian travel document.