18 October 23 email

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[1]Australian Government Department of Home Affairs logo

IMPORTANT INFORMATION

Your email has been received by the Department of Home Affairs’ (the
Department) Freedom of Information (FOI) section.

If you have lodged a request for access to documents or amendment to
information, you will receive an acknowledgement letter within 14 days.

If your email relates to other matters then please contact the relevant
area of the Department or review the frequently asked questions below. The
mailbox is unable to respond to visa and citizenship status updates or
questions. If your query is answered by this information you will not
receive another response to your email.

Please see our website for more information on submitting a valid request
for access to information. [2]Freedom of information (homeaffairs.gov.au)

Frequently Asked Questions

Your Query General Information
If you applied [4]Our online services (homeaffairs.gov.au)
online, you can
check your visa [5]Ceremony wait times (homeaffairs.gov.au)
application status
in [3]ImmiAccount.
I want to access [6]Check visa details and conditions
my visa details (homeaffairs.gov.au)
I want to apply [7]Applying online in ImmiAccount
for a visa to (homeaffairs.gov.au)
Australia
My visa has [8]Your visa is expiring or has expired
expired (homeaffairs.gov.au)
I want to apply [9]Become a citizen (homeaffairs.gov.au)
for Australian
Citizenship or [10]Evidence of citizenship and certificates Change
access/amend my a citizenship certificate (homeaffairs.gov.au)
citizenship
details
I want my travel [11]Requesting travel records (homeaffairs.gov.au)
records in and out
of Australia
I am having Use our [12]technical guide to troubleshoot in
technical problems [13]ImmiAccount.
lodging an
application If you are still unable to resolve your issue submit
the [14]ImmiAccount Technical Support Form
I wish to provide Provide information by [15]ImmiAccount. After you
information about submit your application, use [16]ImmiAccount to:
a visa application
or provide ·        apply for a bridging visa
information about
changes to my ·        access the My Health Declarations service
situation
·        attach documents to your online application

·        check the progress of your application

· update your passport or address details

· notify of incorrect information in your
application

Further details and instructions refer to
[17]ImmiAccount Help & Support

[18]Changes in your situation (homeaffairs.gov.au)
I have made an If you have been sent a request letter to complete
appointment for a health but are experiencing delays you can attach
health examination details of your appointment to [19]ImmiAccount.
I want to withdraw [20]You want to withdraw an application
my visa or (homeaffairs.gov.au)
citizenship
application
I want to update [21]Changes in your situation (homeaffairs.gov.au)
my address,
contact or
passport details
Can my visa fee be Refunds can only be made in very limited
refunded? circumstances governed by legislation.

For further information see [22]Getting a refund
(homeaffairs.gov.au)
Visa eligibility Information on [23]visa options is available on the
query Department’s website.
Since my visa was [24]Changes in your situation (homeaffairs.gov.au)
granted I have had
a child born in
Australia
I want to lodge Find out how to provide [25]Compliments, complaints
feedback about a and suggestions
Department service

Important Notice: The content of this email is intended only for use by
the individual or entity to whom it is addressed. If you have received
this email by mistake, please advise the sender and delete the message and
attachments immediately. This email, including attachments, may contain
confidential, sensitive, legally privileged and/or copyright information.

Any review, retransmission, dissemination or other use of this information
by persons or entities other than the intended recipient is prohibited.
The Department of Home Affairs, the ABF and the National Emergency
Management Agency respect your privacy and have obligations under the
Privacy Act 1988.

Unsolicited commercial emails MUST NOT be sent to the originator of this
email.

References

OFFICIAL: Sensitive
Personal-Privacy

In reply please quote:

FOI Request: FA 24/02/01276

File Number: FA24/02/01276

Dear Oliver Smith,

I refer to your email dated 20 February 2024, in which you requested
access to documents held by the Department of Home Affairs (the
Department) under the Freedom of Information Act 1982 (the FOI Act).

You have requested access to the following:

Under the FOI Act, can I please obtain a copy of the email from Assistant
Secretary Migration & Citizenship Litigation to Minister O’Neil and
Minister Giles’ offices on 18 October August 2023 described as "Provided
litigation update on the listing of an urgent directions hearing." in the
document tabled at the Legal and Constitutional Affairs Legislation
Committee Senate Estimates on 12 February 2024.

Intention to refuse request

I am writing to advise you that I intend to refuse your request on the
basis that a practical refusal reason exists. However, before I make a
final decision to do this, you have an opportunity to revise your request
to remove the practical refusal reason. This is called a ‘request
consultation process’. You have 14 days to respond to this notice in one
of the ways set out below.

Power to refuse request

Section 24 of the FOI Act provides that if the Department is satisfied
that a practical refusal reason exists in relation to a request, the
Department must undertake a consultation process with you, and if, after
that consultation process, the Department remains satisfied that the
practical refusal reason still exists, the Department may refuse to give
you access to the documents subject to the request.

Practical refusal

A practical refusal reason exists under section 24AA of the FOI Act if
either (or both) of the following applies:

(1)(a)(i) the work involved in the processing of the request would
substantially and unreasonably divert the resources of the Department from
its other operations

(1)(b) the request does not satisfy the requirement in section
15(2)(b) of the FOI Act, which requires you to provide such information
concerning the document you are seeking access to, to enable the
Department to be able to identify it.

I consider that the request does not satisfy the requirements of section
15(2)(b) of the FOI Act, and accordingly that practical refusal reasons
exist under section 24AA(1)(b) of the FOI Act.

Reasons for practical refusal

In order for your request to be valid for the purposes of the FOI Act, it
must provide such information concerning the documents that you are
seeking access to, as is reasonably necessary to enable the Department to
identify the documents.

Given the broad nature of the activities undertaken by the Department, I
do not consider that you have provided a reasonable description of the
documents to which you are seeking access.

As such, I am satisfied that your request is not valid and a practical
refusal reason exists in this request. You have not provided sufficient
information concerning the document you are seeking to access, to enable
the Department to be able to identify it.

Request Consultation Process

To enable the Department to consider your request for access under the FOI
Act, the Department will require sufficient information concerning the
specific existing documents to which you seek access, in order to enable
the Department to identify those documents.

You do not necessarily need to be able to identify the exact documents you
are seeking, but you need to provide the Department with sufficient
information to enable us to identify them. Given the very broad nature of
the functions that this Department has responsibility for, at a very
minimum, we will require advice as to which business areas might hold the
documents you are seeking to access. A copy of the Department’s
organisation chart is available on the Department’s website [1]here which
may assist you with this.

In addition, you may wish to consider providing a timeframe for your
request to assist the Department’s officers to reasonably be able to
identify the documents to which you seek access.

You now have an opportunity to revise your request to ensure it is a valid
request under section 15(2)(b) of the FOI Act and to enable it to proceed.

Please provide clarification in regards to the following date provided in
your scope request

’18 October August 2023’

Under section 24AB(6) of the FOI Act, you have 14 days to do one of the
following:

· withdraw your request;

· make a revised request;

· indicate that you do not wish to revise your request.

If you do not do one of the three things listed above during the
consultation period (14 days), or you do not consult the contact person
listed below during this period, your request will be taken to have been
withdrawn in accordance with section 24AB(7) of the FOI Act.

Contact

Should you wish to revise your request or have any questions in relation
to this process, please do not hesitate to contact FOI Section at
[Department of Home Affairs request email].

Kind regards,

Paul

Position number: 60176114

Privacy FOI & Records Management Branch | Legal Group

Department Of Home Affairs

E: [2][Department of Home Affairs request email]

Personal-Privacy
OFFICIAL: Sensitive

Important Notice: The content of this email is intended only for use by
the individual or entity to whom it is addressed. If you have received
this email by mistake, please advise the sender and delete the message and
attachments immediately. This email, including attachments, may contain
confidential, sensitive, legally privileged and/or copyright information.

Any review, retransmission, dissemination or other use of this information
by persons or entities other than the intended recipient is prohibited.
The Department of Home Affairs, the ABF and the National Emergency
Management Agency respect your privacy and have obligations under the
Privacy Act 1988.

Unsolicited commercial emails MUST NOT be sent to the originator of this
email.

References

Visible links
1. https://www.homeaffairs.gov.au/about-us-...
2. mailto:[Department of Home Affairs request email]

OFFICIAL: Sensitive
Personal-Privacy

Dear Oliver Smith,

Freedom of Information Request

I refer to your email dated 20 February 2024 in which you requested access
to documents held by Department of Home Affairs under the Freedom of
Information Act 1982 (the FOI Act).

You specifically requested access to:

Under the FOI Act, can I please obtain a copy of the email from Assistant
Secretary Migration & Citizenship Litigation to Minister O’Neil and
Minister Giles’ offices on 18 October August 2023 described as "Provided
litigation update on the listing of an urgent directions hearing." in the
document tabled at the Legal and Constitutional Affairs Legislation
Committee Senate Estimates on 12 February 2024.

On 22 February 2024, Department notified you of its intention to refuse
your request on the basis that the work involved in processing your
request in its current form would substantially and unreasonably divert
the resources of Department from its other operations due to its broad
nature, size and complexity.

In particular, Department notified you that, within 14 days of receipt of
that letter, you must advise Department that:

· you wish to make a revised request; or

· indicate that you do not wish to revise your request; or

· withdraw your request.

The 14 day period has now expired. As such, in accordance with section
24AB(7) of the FOI Act, Department considers that your request has been
withdrawn.

If you have any enquiries concerning this matter, please do not hesitate
to contact an FOI officer at [Department of Home Affairs request email].

Kind regards,

Paul

Position number: 60176114

Privacy FOI & Records Management Branch | Legal Group

Department Of Home Affairs

E: [1][Department of Home Affairs request email]

Personal-Privacy
OFFICIAL: Sensitive

Important Notice: The content of this email is intended only for use by
the individual or entity to whom it is addressed. If you have received
this email by mistake, please advise the sender and delete the message and
attachments immediately. This email, including attachments, may contain
confidential, sensitive, legally privileged and/or copyright information.

Any review, retransmission, dissemination or other use of this information
by persons or entities other than the intended recipient is prohibited.
The Department of Home Affairs, the ABF and the National Emergency
Management Agency respect your privacy and have obligations under the
Privacy Act 1988.

Unsolicited commercial emails MUST NOT be sent to the originator of this
email.

References

Visible links
1. mailto:[Department of Home Affairs request email]

image001.jpg

9K Download

[1]Australian Government Department of Home Affairs logo

IMPORTANT INFORMATION

Your email has been received by the Department of Home Affairs’ (the
Department) Freedom of Information (FOI) section.

If you have lodged a request for access to documents or amendment to
information, you will receive an acknowledgement letter within 14 days.

If your email relates to other matters then please contact the relevant
area of the Department or review the frequently asked questions below. The
mailbox is unable to respond to visa and citizenship status updates or
questions. If your query is answered by this information you will not
receive another response to your email.

Please see our website for more information on submitting a valid request
for access to information. [2]Freedom of information (homeaffairs.gov.au)

Frequently Asked Questions

Your Query General Information
If you applied [4]Our online services (homeaffairs.gov.au)
online, you can
check your visa [5]Ceremony wait times (homeaffairs.gov.au)
application status
in [3]ImmiAccount.
I want to access [6]Check visa details and conditions
my visa details (homeaffairs.gov.au)
I want to apply [7]Applying online in ImmiAccount
for a visa to (homeaffairs.gov.au)
Australia
My visa has [8]Your visa is expiring or has expired
expired (homeaffairs.gov.au)
I want to apply [9]Become a citizen (homeaffairs.gov.au)
for Australian
Citizenship or [10]Evidence of citizenship and certificates Change
access/amend my a citizenship certificate (homeaffairs.gov.au)
citizenship
details
I want my travel [11]Requesting travel records (homeaffairs.gov.au)
records in and out
of Australia
I am having Use our [12]technical guide to troubleshoot in
technical problems [13]ImmiAccount.
lodging an
application If you are still unable to resolve your issue submit
the [14]ImmiAccount Technical Support Form
I wish to provide Provide information by [15]ImmiAccount. After you
information about submit your application, use [16]ImmiAccount to:
a visa application
or provide ·        apply for a bridging visa
information about
changes to my ·        access the My Health Declarations service
situation
·        attach documents to your online application

·        check the progress of your application

· update your passport or address details

· notify of incorrect information in your
application

Further details and instructions refer to
[17]ImmiAccount Help & Support

[18]Changes in your situation (homeaffairs.gov.au)
I have made an If you have been sent a request letter to complete
appointment for a health but are experiencing delays you can attach
health examination details of your appointment to [19]ImmiAccount.
I want to withdraw [20]You want to withdraw an application
my visa or (homeaffairs.gov.au)
citizenship
application
I want to update [21]Changes in your situation (homeaffairs.gov.au)
my address,
contact or
passport details
Can my visa fee be Refunds can only be made in very limited
refunded? circumstances governed by legislation.

For further information see [22]Getting a refund
(homeaffairs.gov.au)
Visa eligibility Information on [23]visa options is available on the
query Department’s website.
Since my visa was [24]Changes in your situation (homeaffairs.gov.au)
granted I have had
a child born in
Australia
I want to lodge Find out how to provide [25]Compliments, complaints
feedback about a and suggestions
Department service

Important Notice: The content of this email is intended only for use by
the individual or entity to whom it is addressed. If you have received
this email by mistake, please advise the sender and delete the message and
attachments immediately. This email, including attachments, may contain
confidential, sensitive, legally privileged and/or copyright information.

Any review, retransmission, dissemination or other use of this information
by persons or entities other than the intended recipient is prohibited.
The Department of Home Affairs, the ABF and the National Emergency
Management Agency respect your privacy and have obligations under the
Privacy Act 1988.

Unsolicited commercial emails MUST NOT be sent to the originator of this
email.

References

OFFICIAL

In reply please quote:
FOI request: FA24/02/01276
File number: FA24/02/01276

Dear Oliver Smith

Acknowledgement of Freedom of Information internal review request

This email is to acknowledge that the Department of Home Affairs (the Department) has received your request for an internal review of an access refusal decision under section 54 of the Freedom of Information Act 1982 (the FOI Act).

The Department received the FOI request on 20/02/2024 and The decision under review is the Department’s decision of 13/03/2024.

Timeframe for receiving your decision:
The statutory timeframe for processing an internal review request is 30 days from the date on which the request was received by the Department. The Department received the internal review request on 18/03/2024.

Review rights
Your review rights in relation to your internal review request are available on the website of the Office of the Australian Information Commissioner website at www.oaic.gov.au.

Contacting the FOI Section
Should you wish to discuss your request you may contact the FOI Section at [email address].

Kind regards,

Nurun
Freedom of Information Section | Reviews team
Privacy, FOI and Records Management Branch | Legal Group
Department of Home Affairs
E: [email address]
Date: 19/03/2024

OFFICIAL

show quoted sections

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34K Download
Department Letter to Oliver Smith.pdf

133K Download View as HTML

OFFICIAL

Dear Mr Smith

Please see attached letter in regard to your request for Internal Review
of your Freedom of Information request FA24/02/01276

Your review has now been finalised as invalid

Kind Regards

Mary

Freedom of Information Reviews Team

Privacy, FOI and Records Management Branch, Legal Group

Department of Home Affairs

Email: [email address]

[1]www.homeaffairs.gov.au

Championing government accountability and transparency by enabling access
to information

[2]Acknowledgement of Country Signature Block Graphic 2022

OFFICIAL

Important Notice: The content of this email is intended only for use by
the individual or entity to whom it is addressed. If you have received
this email by mistake, please advise the sender and delete the message and
attachments immediately. This email, including attachments, may contain
confidential, sensitive, legally privileged and/or copyright information.

Any review, retransmission, dissemination or other use of this information
by persons or entities other than the intended recipient is prohibited.
The Department of Home Affairs, the ABF and the National Emergency
Management Agency respect your privacy and have obligations under the
Privacy Act 1988.

Unsolicited commercial emails MUST NOT be sent to the originator of this
email.

References

Visible links
1. http://www.homeaffairs.gov.au/

image001.jpg

34K Download
Department Letter to Oliver Smith.pdf

133K Download View as HTML

OFFICIAL

Dear Mr Smith

As your request for Internal review has been deemed invalid the Department
wishes to advise of the next steps you can now take .

Should you still wish to seek access to the information requested, you may
wish to lodge a new FOI request. Should you make a new FOI request, the
Department could then make a decision on the request for which you would
have the right to seek internal or external review.

If you wish to make a new FOI request, you can either:

· sent a new FOI request to [1][Department of Home Affairs request email]

· lodge a new request via the FOI webform at
[2]https://www.homeaffairs.gov.au/help-and-...

Making a complaint to the Office of the Australian Information
Commissioner

You may also complain to the Australian Information Commissioner about
action taken by the Department in relation to your request. Complaints can
be submitted to the Office of the Australian Information Commissioner
(OAIC) via their online [3]FOI complaint form.

Further information about the FOI complaint process is available on [4]the
OAIC website.

Kind Regards

Mary

Freedom of Information Reviews Team

Privacy, FOI and Records Management Branch, Legal Group

Department of Home Affairs

Email: [email address]

[5]www.homeaffairs.gov.au

Championing government accountability and transparency by enabling access
to information

[6]Acknowledgement of Country Signature Block Graphic 2022

OFFICIAL

From: FOI Reviews mailbox <[email address]>
Sent: Wednesday, 10 April 2024 3:18 PM
To: [FOI #11146 email]
Subject: CM: Invalid FOI Internal Review Request FA24/02/01276
[SEC=OFFICIAL]

OFFICIAL

Dear Mr Smith

Please see attached letter in regard to your request for Internal Review
of your Freedom of Information request FA24/02/01276

Your review has now been finalised as invalid

Kind Regards

Mary

Freedom of Information Reviews Team

Privacy, FOI and Records Management Branch, Legal Group

Department of Home Affairs

Email: [7][email address]

[8]www.homeaffairs.gov.au

Championing government accountability and transparency by enabling access
to information

[9]Acknowledgement of Country Signature Block Graphic 2022

OFFICIAL

Important Notice: The content of this email is intended only for use by
the individual or entity to whom it is addressed. If you have received
this email by mistake, please advise the sender and delete the message and
attachments immediately. This email, including attachments, may contain
confidential, sensitive, legally privileged and/or copyright information.

Any review, retransmission, dissemination or other use of this information
by persons or entities other than the intended recipient is prohibited.
The Department of Home Affairs, the ABF and the National Emergency
Management Agency respect your privacy and have obligations under the
Privacy Act 1988.

Unsolicited commercial emails MUST NOT be sent to the originator of this
email.

References

Visible links
1. mailto:[Department of Home Affairs request email]
2. https://www.homeaffairs.gov.au/help-and-...
3. https://forms.business.gov.au/smartforms...
4. https://www.oaic.gov.au/freedom-of-infor...
5. http://www.homeaffairs.gov.au/
7. mailto:[email address]
8. http://www.homeaffairs.gov.au/

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