Our references: FA 15/11/00818; ADF2015/62112

Dear Mr Chandler

This email refers to your FOI request received on 12 November 2015,
seeking access to:

All information for New Zealand citizens currently detained in Australia
detention centres

All information on Ngati Kanohi Te Eke Haapu that is currently being
detained in Australia - Including but not limited to what charges is Ngati
Kanohi Te Eke Haapu is currently facing

The purpose of this email is to advise you, as required under s.24AB of
the Freedom of Information Act 1982 (FOI Act) that I consider a practical
refusal reason exists under s.24AA of the FOI Act in relation to your
request. I have set out my reasons and the actions required by you (to
consult on the scope of your request) in the attached notice. 

The current due date for your FOI request is 12 December 2015. In
accordance with s.24AB(8) of the FOI Act the legislated processing time
for your request is suspended during the consultation period. Please refer
to the attached notice for further details.

Consultation period

The FOI Act requires that you respond to this notice before the end of the
consultation period, which is close of business Tuesday 1 December 2015.

You may consult with me by replying to this email: [1][email address]

Yours Sincerely

Janelle Raineri

A/g Assistant Director | Freedom of Information Section

Access to Information | Information Management Task Force

Corporate Group

Department of Immigration and Border Protection

P: 02 6264 1580 

E: [email address]

Please note I am out of the office from 2:30 PM

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Dear Mr Chandler

Thank you for your email.

I will need to clarify with the relevant area if they could proceed to
process this request, in light of your revision.

However, I am unsure that the Department of Immigration and Border
Protection would hold some of this information. In particular you are
seeking information about 'A break down of prison time served (if any)' if
such records existed they would be held with the respective State and
Territory prisons within Australia. Should our Department have been
provided with a copy of such information it would be stored in the
individual client records and to conduct a search for this information
would still be an unreasonable diversion of resources.

Publically available information

Generally a person is placed into an immigration detention facility at the
time that they become and unlawful non-citizen in Australia. In the case
of a New Zealand citizen I believe that this would require the
cancellation of their visa. Some information about this can be found at
the following link.

See: [1]http://www.border.gov.au/Trav/Life/New-

Also:
[2]http://www.nzembassy.com/australia/new-z...

I will write to you further once I have consulted with the responsible
line area.

However, if after reviewing the public information you wish to revise this
request further; or withdraw the request please feel free to contact me at
[3][email address]

Yours sincerely

Janelle Raineri

A/g Assistant Director | Freedom of Information Section

Access to Information | Information Management Task Force

Corporate Group

Department of Immigration and Border Protection

P: 02 6264 1580 

E: [email address]

Please note I am out of the office from 2:30 PM

show quoted sections

UNCLASSIFIED

Our references: FA 15/11/00818; ADF2015/62112

Dear Mr Chandler

I apologise for the delay in writing to you about your FOI request.

I am currently consulting the responsible areas on the proposed revision
of your scope and have received some preliminary advice.

You revised the terms of your request to (my emphasis in bold):

I would like to clarify my request.

All information on the reasons New Zealand Nationals are currently being
in Australian Detention Centres, including (but not limited to); A break
down of prison time served (if any), a breakdown of reasons for Detention

&

Why these New Zealand Nationals have not been deported

Currently, I have received advice that the Department does not routinely
report on the ‘breakdown of reasons for Detention’, however some
information about the number of individuals who have a visa cancelled due
to s.501 under the Migration Act may be available. You would be welcome to
revise your request to this type of information and the Department could
continue to process such a request. For information about s.501 please use
the link below.

See: [1]s.501 of the Migration Act

For example, you could revise your request to seek access to a document
that provides the number of New Zealand citizens who have had their visa
cancelled under s.501 including the breakdown of the power/character
grounds. Please include a timeframe for the request, it would be of
assistance if you could reference the relevant financial year you would be
interested in.

Further, there is no data or report available regarding ‘prison time
serve’, and with regards to the second part of your request about
deportation, if this information exists, it would be held in the
individual client files.

The broader issue with your request is that that Department would still
need to review each client file of the relevant individuals to identify if
there are any documents that would fall within the scope of your request.
This is because you have used broad terminology within you request, as
highlighted above. As discussed in the s.24AB notice issued to you on 17
November 2015 such a broad search and retrieval process and then
subsequent consultation process would be an unreasonable division of
resources.

Request to extend the consultation period

I note that the consultation period was originally due to end as of
Tuesday 1 December 2015, however with your agreement I would like to
extend the consultation period to Tuesday, 5 January 2015 (largely due to
the holiday season and officers being on leave).

Alternatively, if you do not agree to extend the consultation period I
will take it to mean that you wish the Department to proceed with the
processing of your request as per your revised scope dated 17 November
2015.

If you can advise how the Department should proceed with your request by
Tuesday, 5 January 2015 it would be greatly appreciated. If no response is
received I will consider that you wish to proceed with the revised scope
as at 17 November 2015.

Publicly available information

The Department has recently finalised some FOI requests that may be
relevant to the terms of your request as they deal with the number of visa
cancellations under s.501, these documents are subject to be available on
the Department’s disclosure log. For your reference I have attached these
documents to this email.

Should these documents satisfy your request you may consider withdrawing
this FOI request. Should you agree to withdraw the request please notify
the Department in writing by Tuesday, 5 January 2015.

I hope this information is of assistance.

Yours sincerely

Janelle Raineri

A/g Assistant Director | Freedom of Information Section

Access to Information | Information Management Task Force

Corporate Group

Department of Immigration and Border Protection
P: 02 6264 1580 

E: [2][email address]

Please note I am out of the office from 2:30 PM

UNCLASSIFIED

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UNCLASSIFIED

Our references: FA 15/11/00818; ADF2015/62112

Dear Mr Chandler

I refer to your FOI request received on 12 November 2015.

The Department has made an access decision on this request. Please see
attached the signed decision letter.

This request has now been closed.

Yours sincerely

Janelle Raineri

A/g Assistant Director | Freedom of Information Section

Access to Information | Information Management Task Force

Corporate Group

Department of Immigration and Border Protection
P: 02 6264 1580 

E: [1][email address]

Please note I am out of the office from 2:30 PM

UNCLASSIFIED

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