Boats/clients affected by DBD16

Jay Doe made this Freedom of Information request to Department of Home Affairs

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Dear Department of Home Affairs

I would like to request under the Freedom of Information Act the following information:

- a list of boats affected by DBD16 v Minister for Immigration and Anor [2018] FCCA 1801
- a list of Boat ID's affected by the abovementioned case
- if you cannot provide a list of Boat ID's, then please provide the number of people on each affected boat and the alphabetic part of the boat ID that would have been designated to passengers on that boat. For example, if there was an affected boat called Astra and the people on that boat had a boat ID of ASTXXX, the alphabetic part is AST.

When I mean "affected by", I mean that the passengers would not be considered an "unauthorised maritime arrival" under s5AA of the Migration Act after applying the above court case.

Many thanks

Yours faithfully,

Jay Doe

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References

UNCLASSIFIED

In reply please quote:

FOI Request: FA 18/07/00699

File Number: ADF2018/158256

Dear Jay Doe

Acknowledgement of Freedom of Information Access request

I refer to your correspondence received on 13 July 2018 seeking access to
documents held by the Department of Home Affairs (the Department) under
the Freedom of Information Act 1982 (the FOI Act).

Please note that on 20 December 2017 the Home Affairs Portfolio, including
the Department of Home Affairs, was formally established. A request for
access to documents held by the Department of Home Affairs will be limited
to documents held by the Department, and will not include documents held
by other agencies within the wider Home Affairs portfolio, which remain
separate agencies for the purposes of the FOI Act.

You have requested access to the following:

I would like to request under the Freedom of Information Act the following
information:
- a list of boats affected by DBD16 v Minister for Immigration and Anor
[2018] FCCA 1801
- a list of Boat ID's affected by the abovementioned case
- if you cannot provide a list of Boat ID's, then please provide the
number of people on each affected boat and the alphabetic part of the boat
ID that would have been designated to passengers on that boat. For
example, if there was an affected boat called Astra and the people on that
boat had a boat ID of ASTXXX, the alphabetic part is AST.
When I mean "affected by", I mean that the passengers would not be
considered an "unauthorised maritime arrival" under s5AA of the Migration
Act after applying the above court case.

Your request was received by the Department on 13 July 2018 and has been
allocated FOI request number FA 18/07/00699. Please include your FOI
request number in all correspondence with the Freedom of Information
Section.

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FOI Officer

Department of Home Affairs

UNCLASSIFIED

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email.

UNCLASSIFIED
Good morning

I refer to your request received on 13 July 2018 for access to documents under the FOI Act.

The current due date for your request is 12 August 2018. The Department seeks your agreement under section 15AA of the FOI Act to extend the timeframe for the processing of your request by 7 days. This would extend the due date for your request to Sunday 19 August 2018. However, as this date falls on a non-working day, section 36(2) of the Acts Interpretation Act 1901 provides that the latest date the Department may issue a decision would be the next working day, which is Monday 20 August 2018.

It would assist the Department in managing its FOI caseload if you could provide a response to this request by close of business, Friday 10 August 2018.

If you wish to discuss this matter further, please do not hesitate to contact me on the details below.

With kind regards
Freedom of Information Section
FOI, Privacy and Records Management Branch
Productivity and Compliance Division | Corporate and Enabling Group
Department of Home Affairs

UNCLASSIFIED

-----Original Message-----
From: Jay Doe <[FOI #4693 email]>
Sent: Friday, 13 July 2018 9:40 PM
To: FOI <[DIBP request email]>
Subject: HPRM: Freedom of Information request - Boats/clients affected by DBD16

Dear Department of Home Affairs

I would like to request under the Freedom of Information Act the following information:

When I mean "affected by", I mean that the passengers would not be considered an "unauthorised maritime arrival" under s5AA of the Migration Act after applying the above court case.

Many thanks

Yours faithfully,

Jay Doe

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hide quoted sections

Dear FOI,

Thank you for your email. Sure an extension to August 20 can be granted.

Yours sincerely,

Jay Doe

FA180700699 decision.PDF.pdf

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UNCLASSIFIED
Good morning

FOI request FA 18/07/00699

I refer to your FOI request received on 13 July 2018, seeking access to the following:

1. a list of boats affected by DBD16 v Minister for Immigration and Anor [2018] FCCA 1801;
2. a list of Boat ID's affected by the abovementioned case;
3. if you cannot provide a list of Boat ID's, then please provide the number of people on each affected boat and the alphabetic part of the boat ID that would have been designated to passengers on that boat. For example, if there was an affected boat called Astra and the people on that boat had a boat ID of ASTXXX, the alphabetic part is AST
When I mean "affected by", I mean that the passengers would not be considered an "unauthorised maritime arrival" under s5AA of the Migration Act after applying the above court case.'

The Department has made a decision on this request. Please find attached the decision record.

This request has now been closed.

With kind regards
Freedom of Information Section
FOI, Privacy and Records Management Branch
Productivity and Compliance Division | Corporate and Enabling Group
Department of Home Affairs
E: [DIBP request email]

UNCLASSIFIED

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 and ABF respect your privacy and have obligations under the Privacy Act 1988.

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

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Boats/clients affected by DBD16

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