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My application was refused / my card was cancelled

If your application for an ASIC or an MSIC is refused by AusCheck you will be informed of the reasons for the decision and your legal rights for a reconsideration or appeal.

What is an adverse criminal history?

Proposed new eligibility criteria for the ASIC and MSIC schemes

Pending legislative approval, new eligibility criteria for the ASIC and MSIC schemes will be introduced.

Find out how these changes will affect you.

If you have conviction(s) for certain offences, you may be found to have an 'adverse' outcome on your criminal history check. This means you may not be eligible to be issued an ASIC or MSIC.

You are considered to have an adverse criminal record if you are applying for an ASIC and have been convicted of:

  • an aviation-security-relevant offence and sentenced to imprisonment; or
  • two or more aviation-security-relevant offences (with no imprisonment), one of which was received within 12 months of the criminal history check.

You are considered to have an adverse criminal record if you are applying for an MSIC and have been convicted of:

  • a maritime-security-relevant offence and sentenced to imprisonment (including a suspended sentence, periodic detention, home-based detention, and detention until the rising of the court).

If you are convicted of one of the above while your ASIC or MSIC application is being processed, or you are a holder of an ASIC or MSIC, you must notify your issuing body or AusCheck, in writing, within seven days. Penalties may apply for failure to do so.

Discretionary reviews

If your application for an ASIC or MSIC is unsuccessful due to an adverse criminal record, you have the option of applying to the Secretary of the Department of Home Affairs for a discretionary review.

What is a discretionary review?

A discretionary review takes into consideration your individual circumstances, including the details of your adverse criminal record.

During a discretionary review you may be requested to provide additional information in support of your application including information regarding your criminal history. This process can be intrusive but is necessary to determine if you are likely to pose a risk to the aviation or maritime sector should you be granted unescorted access to secure areas.

If your application is approved a notification is sent to your issuing body, who, at their discretion, can issue you with an ASIC or MSIC.

Applying for an ASIC or MSIC discretionary review

To apply online for a discretionary ASIC or MSIC you can complete either the:

Alternatively, you can complete the ASIC or MSIC PDF discretionary application form and return to the Department via:

Email: idsecurity@homeaffairs.gov.au 
Mail:
PO Box 25,
Belconnen, ACT 2616

ASIC and MSIC forms

For more information on the discretionary review process refer to the:

Reinstatement review

Similar to a discretionary review, if your ASIC or MSIC is cancelled due to an adverse criminal record, you can apply to the Secretary of the Department to have your card reinstated. During a reinstatement review, you may be requested to provide additional information in support of your application including information regarding your criminal history. This process can be intrusive but is necessary to determine if you are likely to pose a risk to the aviation or maritime sector should your access to secure areas or zones be reinstated.

More information on and how to apply for a reinstatement review:

Reconsideration of decisions

MSIC applicants and cardholders

MSIC applicants and cardholders can seek a reconsideration of a decision if their MSIC is not approved, after a discretionary review or reinstatement review. For information on this process refer to the MSIC discretionary review brochure (267KB PDF) or email the Department at guidancecentre@homeaffairs.gov.au.

ASIC applicants and cardholders

The Australian Government is proposing changes to make this process available to ASIC cardholders or applicants.

Appeal options

If you wish to dispute the outcome of your ASIC or MSIC application, review or reconsideration, you can appeal to the Australian Government's Administrative Appeals Tribunal (AAT).

If you decide to lodge an appeal with the AAT contact:

  • Phone (local): 1800 228 333
  • Phone (international): +612 9276 5101
  • Website:www.aat.gov.au