All passport applications are subject to the provisions of the Passports Act, 2008 (the Act). This broadly provides, among other requirements, that a person’s identity is known to the Minister for Foreign Affairs before a passport can issue to that person.
The Department wrote to the person in question on 12 March, 2013 to inform her that her application for a passport had been refused under section 12(1)(b) and (e)(i) of the Act which state that
"12. (1) The Minister shall refuse to issue a passport to a person if– ….
(b) the Minister is not satisfied as to the identity of the person,…..
(e) in connection with the application concerned for the issue of a passport, a person (whether or not the applicant)–
(i) knowingly or recklessly provides information or documents that are false or misleading in a material respect,…"
This legal provision underpins the need for each applicant to provide verifiable evidence in regard to his/her identity. The Department was not satisfied that the applicant provided the information necessary to meet this requirement.
However, it should be noted that under the Act, an applicant may appeal a decision, made by the Department to refuse a passport to that person, to an independent Passport Appeals Officer (PAO). In this case, the person in question has exercised her rights in this matter. The Department is presently awaiting the findings of the Passport Appeals Officer in regard to this appeal.