Claim for compensation for detriment caused by Defective Administration

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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
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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)

Legal priority: If your situation has changed to the extent that your FOI
request now have a legal priority such as Administrative Appeals Tribunal,
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submitted your initial request, please provide a physical evidence to
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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 24/08/00730

File Number: FA24/08/00730

Dear Oliver Smith (Right to Know)

Acknowledgement of Freedom of Information Access request

This letter acknowledges that on 13 August 2024 the Department of Home
Affairs (the Department) received your request to access documents held
by the Department under the Freedom of Information Act 1982 (the FOI
Act). This letter also provides important information about your request.

Scope of request

You have requested access to the following:

Under the FOI Act, please provide a copy of the brief titled “<Redacted>
claim for compensation for detriment caused by Defective Administration”
sent to the Minister for Immigration’s office on 6/11/2023 with the PDR
number: MS23-001856.

Your request has been allocated FOI request number FA 24/08/00730. Please
include your FOI request number in all correspondence with the Freedom of
Information Section.

Timeframe

The timeframe for processing a request is 30 days from the day we receive
your request, as set out in the FOI Act.

Your review rights in relation to your request are available on [1]Freedom
of information reviews | OAIC.

Fees and Charges

Charges do not apply to requests from individuals seeking access to
documents about themselves. However, a charge may apply to all other
requests for access to documents.

Charges are based on the amount of time the Department spends on your
request. Charges can range from $10 to over $1,000 depending on the
complexity and scope of your request. The Office of the Australian
Information Commissioner reported that across the public service, the
average charge notified was $335.50 in 2020-21.

If a charge applies, you will be issued with a Notice of Charge that
explains the charge and your options.

Detailed information about FOI charges that may apply to your FOI request
is available on [2]the Department’s website.

We do not provide personal details of staff or non-public facing
operational email addresses

The Department’s practice is to exclude the personal details of Government
employees, including contractors, not in the Senior Executive Service
(SES), as well as the direct contact details of SES staff, contained in
documents that fall within scope of an FOI request. If you require
personal details of non-SES officers, or direct contact details of SES
staff, please inform us so the decision maker may consider your request.
Otherwise we will take it that you agree to that information being
excluded from the scope of your request as irrelevant under section
22(1)(a)(ii) of the FOI Act. However names of staff that have previously
been released in departmental correspondence may be disclosed.

We do not provide duplicated documents

If the FOI decision-maker deems a document to be a duplicate, they will
not assess those pages as part of your FOI request. This means that if a
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Publication of document

Released documents you request may be published to our website.

Where documents are released to you in response to your request, the
Department may be required to publish these documents on its website
within 10 working days in accordance with section 11C of the FOI Act.
Publication will not be required where the documents contain personal or
business affairs information.

How to reduce or withdraw your request

Reducing the scope of your request can reduce the time and charges
associated with processing your FOI request.

To reduce or withdraw your request, contact the FOI section at
[3][Department of Home Affairs request email] and include your FOI request number.

Contacting the FOI Section

Should you wish to discuss your request you may contact the FOI Section at
[4][Department of Home Affairs request email].

Kind Regards

David
Team Leader – Authorised FOI Officer, Freedom of Information
Position Number 60157647

Privacy, FOI and Records Management Branch

Legal Group

Department of Home Affairs

E: [5][Department of Home Affairs request email]

Personal-Privacy
OFFICIAL: Sensitive

-----Original Message-----
From: Oliver Smith <[FOI #11881 email]>
Sent: Tuesday, 13 August 2024 1:17 PM
To: FOI <[Department of Home Affairs request email]>
Subject: Freedom of Information request - Claim for compensation for
detriment caused by Defective Administration

Dear Department of Home Affairs,

Under the FOI Act, please provide a copy of the brief titled “<Redacted>
claim for compensation for detriment caused by Defective Administration”
sent to the Minister for Immigration’s office on 6/11/2023 with the PDR
number: MS23-001856

Yours faithfully,

Oliver Smith

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[FOI #11881 email]

Is [6][Department of Home Affairs request email] the wrong address for Freedom of Information
requests to Department of Home Affairs? If so, please contact us using
this form:

https://www.righttoknow.org.au/change_re...

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:

https://www.righttoknow.org.au/help/offi...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

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.oaic.gov.au/freedom-of-infor...
2. https://www.homeaffairs.gov.au/access-an...
3. mailto:[Department of Home Affairs request email]
4. mailto:[Department of Home Affairs request email]
5. mailto:[Department of Home Affairs request email]
6. mailto:[Department of Home Affairs request email]

hide quoted sections

OFFICIAL: Sensitive
Personal-Privacy

In reply please quote:

FOI Request: FA 24/08/00730

File Number: FA24/08/00730

Dear Oliver Smith (Right to Know),

I refer to your request received on 13 August 2024 for access to documents
under the FOI Act.

The current due date for your request is 12 September 2024. The Department
seeks your agreement under section 15AA of the FOI Act to extend the
timeframe for the processing of your request by 30 days. This would extend
the due date for your request to 12 October 2024. 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 14 October 2024.

The reason we are seeking an extension of time is due to demand for
Departmental documents is high and we continue to experience increasing
volumes of incoming requests particularly in recent months. Each request
received by the Department is managed in the context of this large volume
which can impact the timeliness of our decisions and as such we seek
agreement from applicants on extensions of time where possible. We are
endeavouring to ensure, as an applicant, you understand the likely
timeframe for your request to be finalised. We continue to try to process
requests as quickly as possible regardless of if an extension is provided.

If you could please provide a response to this request by close of
business, 28 August 2024.

Kind Regards,

David
Team Leader – Authorised FOI Officer, Freedom of Information
Position Number 60157647

Privacy, FOI and Records Management Branch

Legal Group

Department of Home Affairs

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

Personal-Privacy
OFFICIAL: Sensitive

-----Original Message-----
From: Oliver Smith <[FOI #11881 email]>
Sent: Tuesday, 13 August 2024 1:17 PM
To: FOI <[Department of Home Affairs request email]>
Subject: Freedom of Information request - Claim for compensation for
detriment caused by Defective Administration

Dear Department of Home Affairs,

Under the FOI Act, please provide a copy of the brief titled “<Redacted>
claim for compensation for detriment caused by Defective Administration”
sent to the Minister for Immigration’s office on 6/11/2023 with the PDR
number: MS23-001856

Yours faithfully,

Oliver Smith

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[FOI #11881 email]

Is [2][Department of Home Affairs request email] the wrong address for Freedom of Information
requests to Department of Home Affairs? If so, please contact us using
this form:

https://www.righttoknow.org.au/change_re...

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:

https://www.righttoknow.org.au/help/offi...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

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. mailto:[Department of Home Affairs request email]

hide quoted sections

image002.jpg

6K 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.

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

Legal priority: If your situation has changed to the extent that your FOI
request now have a legal priority such as Administrative Appeals Tribunal,
Court, Ministerial Intervention, Visa cancellation deadline since you
submitted your initial request, please provide a physical evidence to
support your priority claim.

We’re responding to a large volume of requests

Due to the high volume of requests we receive, we will not be able to
respond to requests to provide status updates on current requests for
information. We prioritise processing the requests we receive, including
yours.

If processing your request is going to take us a lot of time because the
request is large or the request is unclear, it may be refused.

Frequently Asked Questions

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.

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/biometrics details of your appointment to [19]ImmiAccount.
examination
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 report [25]Border Watch Online Report (homeaffairs.gov.au)
suspicious or
illegal
immigration, visa,
customs and trade
activity.
I want to lodge Find out how to provide [26]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

Internal Review acknowledgement letter Oliver Smith.pdf

113K Download View as HTML

OFFICIAL: Sensitive

FOI request: FA 24/08/00730

Dear Oliver Smith

I refer to your email received by the Department of Home Affairs (the Department) on 18 September 2024 in which you requested an internal review of Freedom of Information request FA24/08/00730.

Please find attached acknowledgement letter.

Kind regards,

Nurun
Freedom of Information Reviews Team
Privacy, FOI and Records Management Branch | Legal Group
Department of Home Affairs
E: [email address]
Date: 19/09/2024

OFFICIAL: Sensitive

-----Original Message-----
From: FOI <[Department of Home Affairs request email]>
Sent: Wednesday, 18 September 2024 10:39 AM
To: FOI Reviews mailbox <[email address]>
Subject: CM: FW: Internal review of Freedom of Information request - Claim for compensation for detriment caused by Defective Administration [SEC=OFFICIAL:Sensitive]

OFFICIAL: Sensitive

Good morning Team

Please see below correspondence from applicant seeking internal review for request – FA 24/08/00730

Thank you,

Kind Regards,
Tahra
Position number: 60181896
FOI Officer | Freedom of Information Section Privacy, FOI & Records Management Branch | Legal Group Department of Home Affairs
E: [Department of Home Affairs request email]

OFFICIAL: Sensitive

-----Original Message-----
From: Oliver Smith <[FOI #11881 email]>
Sent: Wednesday, 18 September 2024 9:44 AM
To: FOI <[Department of Home Affairs request email]>
Subject: Internal review of Freedom of Information request - Claim for compensation for detriment caused by Defective Administration

Dear Department of Home Affairs,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Department of Home Affairs's handling of my FOI request 'Claim for compensation for detriment caused by Defective Administration'.

This FOI request relates to a single document where the document’s name, the date it was sent and its identifying number within the Home Affairs filing system were all provided.

The Department has not provided any specific update on the progress of this request that would suggest it cannot meet its legal obligations beyond a generic extension request following the original lodgement.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/c...

Yours faithfully,

Oliver Smith

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[FOI #11881 email]

This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:

https://www.righttoknow.org.au/help/offi...

Please note that in some cases publication of requests and responses will be delayed.

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

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.

hide quoted sections

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145K Download
FA24 08 00730 Oliver Smith Decision Record.pdf

331K Download View as HTML
FA240800730 documents released.pdf

2.4M Download View as HTML

OFFICIAL

Dear Oliver Smith

FOI request FA 24/08/00730

I refer to your FOI request received on 13 August 2024, seeking access to
the following:

Under the FOI Act, please provide the signed version of the brief titled
“<Redacted> claim for compensation for detriment caused by Defective
Administration” with the PDR number: MS23-001856.

The Department has made a decision on this request. Please find attached
the decision record and documents released under the FOI Act.

This request has now been closed.

Kind Regards

Anjani

Position No. 60165359

Authorised FOI Officer - Freedom of Information

FOI and Records Management Branch | Legal Group

Department of Home Affairs | [1]www.homeaffairs.gov.au

Email [2][Department of Home Affairs request email]

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/
2. mailto:[Department of Home Affairs request email]

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