Overview
The name which appears for the client in the MR database or as confirmed directly by DIBP is what should be recorded on the COI/CTD. Where a client wishes to hold a COI/CTD with a different name, the client should be referred to DIBP to amend their record. (See
Change of Name
).
Change of Name
A client is able to change their name on a COI/CTD if they have changed their details recorded with DIBP (usually through DIBP's FOI process) or have a change of name certificate or marriage certificate (note: a marriage certificate only changes a surname) issued by an Australian RBDM and the name has been accepted and recorded by DIBP. Clients who hold Permanent Resident status may be able to access an Australian RBDM to effect a name change if they meet the RBDM's residency requirements. The new name can be recorded in the COI/CTD if there is a direct link between the new name and the name recorded by DIBP.
Once a COI/CTD has been issued in the new name, the client must be advised that they are now known by APO as the name recorded on their COI/CTD and if they wish to change this name they will be referred back to DIBP to change their name for the issue of a COI/CTD in a different name.
Where a client wishes to omit individual names or change the order or spelling of the name/s, change of name documentation as outlined above is required from DIBP or RBDM.
The Australian Passports Determination 2015 Section 25 does not allow the use of a foreign marriage or foreign name change certificate to change a name unless the certificate was issued after the client became an Australian citizen. COI/CTD holders are not Australian citizens so this exception does not apply.
There is no provision in the Determination to waive the fee for a replacement COI/CTD when a client has changed their name. See Gratis Issue.
Note - The current PC5 application form advises clients that a RBDM change of name certificate or marriage certificate is sufficient for changing their name. There are plans to remove this reference from the form. However, the APO will accept a RBDM change of name certificate or marriage certificate for changing a client's name if the name has been accepted by DIBP and confirmed by the APO. If DIBP refuse to accept a new name, a COI/CTD cannot be issued to include the new name.
DIBP FOI Letters
Referral of clients to DIBP
Where clients are to be referred to DIBP, please refer them to the DIBP website www.immi.gov.au in the first instance rather than seeking information in person from their local DIBP office. Clients can request a change to their personal details recorded on their visa by lodging Form 424C "Request for amendment or annotation to personal records" with DIBP. This form is available on DIBP's website.
DIBP FOI Letter
Once DIBP have accepted the use of a new name or other personal details (date of birth, place of birth, nationality) and recorded it in their database, the client should be able to provide documentary evidence of DIBP's acceptance by a FOI letter. This must be confirmed in the MR database or directly by the CREC with DIBP if required .
The client's new details may appear in the MR database, but will have 'no visa details found' recorded as the visa has not yet been issue and printed. If the new details do not appear in the database, refer the application to CREC who will liaise with DIBP for confirmation.
Use of Aliases
DIBP's databases may list a client as holding an alias name or other names DIBP has known the client by. A travel document can only be issued in the clients current name and that name be recorded on the visa evidence that the client has provided in support of their COI/CTD application. Where DIBP advise the name that the applicant wishes to use is an "alias" then the applicant should be referred to DIBP to have their information updated which can then be confirmed using the MR database or directly with DIBP.
Where it is evident that a client has other names recorded with DIBP, DIBP should be asked to provide a list of all known names for the client and these should be recorded in PICS. This information can be requested by APO/CREC to DIBP under the Australian Passports Act 2005, Section 42 (1).
Once a COI/CTD has been issued in a 'name', the client must be advised that they are now known by APO as the name recorded on their COI/CTD (which should be the name recorded by DIBP) and if they wish to change this name will be referred back to DIBP to change their name for the issue of a COI/CTD in a different name.