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RECOMMENDATION


RECOMMENDATION    22-11-2007

 

The set of actions one is required to follow after Sex Re-assignment Surgery (SRS) in order to amend all documentation if born outside of Australia is convoluted to the extreme. It could, no should be amended as follows!

The response that I have received from the Immigration Freedom of Information (FOI) Department so far is only to explain that there is a 30 day time scale in which queries are answered. At the time the letter was sent, that time scale was extended, due to many queries that had been received.

In the response letter sent to a friend by the FOI, it states “Please note that an amendment under the FOI Act 1982 does NOT automatically guarantee an amendment of your Citizenship Certificate. Your case will now be transferred to the citizenship section where a separate decision will be made under the Citizenship Act 1948. A citizenship officer will be contacting you in due course” “you should be aware that this decision affects only those records held by this department, and not those of any other organisation. Please note that Australian passports are issued by the Department of Foreign Affairs and Trade (DFAT), so any changes to an Australian passport must be pursued through DFAT”  CONVOLUTED! ! !

This gives the impression that the FOI documentation from the Immigration Department is akin to the United Kingdoms Gender Recognition Certificate (GRC) issued under the Gender Recognition Act 2004 (GRA 2004), in that it really outranks all other documentation. These being Citizenship Certificate, Passport, Birth Certificate and Recognition Certificate issued from outside of Australia. Is this indeed fact? Without the UK GRC being issued, then nothing else will be amended. In fact, this is like the FOI, because without it, we cannot apply through our State or Territory for a Recognised Details Certificate, as one of the requirements is proof of Permanent Residency in Australia.

If this is so, and we work on the premise as laid out in the letter from the FOI, as stated above “Because their records are altered, this does not mean that all other records are altered automatically—each department has to be informed of the amended details”  CONVOLUTED ! ! !

Why cannot the FOI department, which appears to wield the ultimate authority that out ranks all other departments in this area of concern, link in with those other Federal Departments being DFAT and Citizenship, in order to have all documentation amended automatically after the initial amendment by FOI? This would mean that DFAT and Citizenship were made aware of what was to happen after the person concerned had altered their documentation via FOI and would in due course be applying to amend their Citizenship and Passport after receiving their amended Birth Certificate from say the UK.

The UK GRA 2004 has adopted this method, in as much as when the GRC has been issued, then the rest of the documentation to be amended is done so automatically, if the person has given a written authority for this to happen, This, saves all of the same paperwork having to be issued to the various departments involved, as is currently happening here.

My recommendation therefore is that “Once the Immigration Freedom of Information Department records are amended to show proof positive of permanent residency in Australia, they notify all other Federal departments that this is so.” This would save duplication of applications and work load for the applicant and departments involved!

This in turn would mean for those born offshore, but now residing in Australia, or an Australian State or Territory, where applicable, the following route:-

The set of actions one is required to follow after Sex Re-assignment Surgery (SRS) in order to change all documentation if born outside of Australia is convoluted in the extreme. It could, no should be amended as follows.

  • Apply for Immigration FOI amendments to establish permanent residency in Australia in new sex/name. This is required as part of the application for a Recognised Details Certificate in Queensland and Victoria.

  • Apply to State or Territory for a Recognised Details Certificate, if offered

  • Apply to Country of birth for their Recognition Certificate and amended Birth Certificate, if offered

  • Apply to Citizenship for amendment to Citizenship Certificate using amended Birth Certificate.

  • Apply to Passport Office (DFAT) using the amended Citizenship certificate and Birth Certificate

This is the current way to do it, but it could be made much simpler, as I have laid out.

Without this amendment to FOI documents, I could be looked upon as an illegal immigrant, as my Permanent Residency details are still in my old sex/name, as a male, who ceased legally to exist after my deed poll in 2001.

If every thing is followed as above, I should now be fully recognised by State and Federal Governments, as I have been fully recognised by my Country if birth. This will give me full recognition and closure by both Country of birth and my adopted Country and State.

At present we can be fully recognised by our Country of birth, but not by our adopted Country and State, as they do not recognise any form of recognition certificate issued outside of Australia.

 

Kathy Anne Noble

President Changeling Aspects



Changeling AspectsIn affiliation with Agender-(Aust) & Transbridge-(Townsville)

We are based in South East Qld, in Australia About Us  ... Contact Us    ( Most Art above are extracts from the Art of Maxfield Parrish© )

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