2 August 2024
Oliver Smith
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request:
FA 24/06/00338
File Number:
FA24/06/00338
Dear Oliver Smith
Freedom of Information (FOI) request – Access Decision
On 5 June 2024, the Department of Home Affairs (the Department) received a request for access
to documents under the
Freedom of Information Act 1982 (the FOI Act).
1
Scope of request
You have requested access to the following documents:
Under the FOI Act, I seek a copy of "The Revised Citizenship Procedural Instructions"
that is provided to members of the AAT to assist them adjudicating in matters. I seek the
the first version of this document that was produced after Ministerial Direction 99 came
into effect on 23 January 2023 and that advises AAT members how to interpret Ministerial
Direction 99.
On 17 June 2024 you agreed to revise the scope of your request to the following documents:
Under the FOI Act, I seek any document produced by the Department of Home Affairs
and provided to AAT members and staff after 1 January 2023 that provides advice about
how to interpret or use Ministerial Direction 99.
2
Authority to make decision
I am an officer authorised under section 23 of the FOI Act to make decisions in respect of
requests to access documents or to amend or annotate records.
PO Box 25 Belconnen ACT 2616 • Telephone:
• www.homeaffairs.gov.au
3
Relevant material
In reaching my decision I referred to the following:
• the terms of your request
• the FOI Act
• Guidelines published by the Office of the Information Commissioner under section 93A
of the FOI Act (the FOI Guidelines)
• consultation responses from third parties consulted in accordance with the FOI Act
4
Documents in scope of request
The Department has undertaken reasonable searches for document within the scope of your
request. In summary, the searches undertaken by the relevant business areas in relation to your
request included consultation with the business area with responsibility for the subject of your
request.
The Department does not hold an existing discrete document that contains the data you are
seeking.
Having regard to your request and the types of documents that may fall within the scope of your
request I am satisfied that the searches conducted were extremely thorough and all reasonable
steps have been taken to locate any document relevant to your request.
5
Decision
Section 24A of the FOI Act provides that the Department may refuse a request for access to a
document if all reasonable steps have been taken to find the document and the Department is
satisfied that the document does not exist.
I am satisfied that the Department has undertaken reasonable searches in relation to your
request and that no documents were in the possession of the Department on 5 June 2024 when
your FOI request was received. As such, I am refusing your request based on the application of
section 24A of the FOI Act.
6
Legislation
A copy of the FOI Act is available at https://www.legislation.gov.au/Series/C2004A02562. If you
are unable to access the legislation through this website, please contact our office for a copy.
7
Your review rights
If you disagree with this decision, you have the right to apply for either an internal review or an
Information Commissioner review of the decision.
Internal review
If you want the Department to review this decision, you must make your internal review request
within 30 days of being notified of this decision.
When making your internal review request, please provide the Department with the reasons why
you consider this decision should be changed.
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You can send your internal review request to:
Email: xxx.xxxxxxx@xxxxxxxxxxx.xxx.xx
Or
Postal mail:
Freedom of Information
Department of Home Affairs
GPO Box 241 MELBOURNE VIC 3001
The internal review wil be carried out by an officer who is more senior than the original decision
maker. The Department must make its decision on the review within 30 days of receiving your
request for internal review.
Information Commissioner review
If you want the Australian Information Commissioner to review this decision, you must make
your request to the Office of the Australian Information Commissioner (OAIC) within 60 days of
being notified of this decision.
You can apply for an Information Commissioner review using the
Information Commissioner
review application form on the OAIC website.
You can find more information about Information Commissioner reviews
on the OAIC website.
8
Making a complaint
You may make a complaint to the Australian Information Commissioner if you have concerns
about how the Department has handled your request under the FOI Act. This is a separate
process to the process of requesting a review of the decision as indicated above.
You can make an FOI complaint to the Office of the Australian Information Commissioner
(OAIC) at:
FOI Complaint Form on the OAIC website.
9
Contacting the FOI Section
Should you wish to discuss this decision, please do not hesitate to contact the FOI Section at
xxx@xxxxxxxxxxx.xxx.xx.
Yours sincerely,
Peter
Position number 00003356
Authorised Decision Maker
Department of Home Affairs
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Document Outline