Consideration for secondary 485 applicants who couldn’t travel due to Covid travel restrictions
Dear Department of Home Affairs,
Please provide if department has or can consider secondary 485 visa holders who couldn’t travel due to Covid travel restrictions to apply another appropriate visa. Or if they have lodged a visa application be given priority processing for it.
Yours faithfully,
Madan Nyaupane
** This is an automated response. Please do not reply to this email **
IMPORTANT INFORMATION
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relating to the Freedom of Information Act 1982 (the FOI Act). Visit the
FOI Information on our Website for more information on what [1]information
can be accessed under the FOI Act 1982.
What is a valid FOI request?
A valid FOI request may be for:
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[3]https://immi.homeaffairs.gov.au/entering...
· For visa and our requirements for entry to Australia
[4]https://immi.homeaffairs.gov.au/visas/ge...
For a copy of your visa refusal or visa grant letter you should contact
the office where you lodged your visa application.
· To check your current visa details and conditions use the
Department’s Visa Entitlement Verification Online (VEVO) portal which can
be accessed [5]here
· If you are experiencing technical difficulties in lodging your
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ImmiAccount Technical Support Form, which is accessible [6]here.
· For evidence of your Australian Citizenship please refer [7]here.
The FOI Section does not process these requests.
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Thank you
Information updated 11 January 2022
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References
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3. https://immi.homeaffairs.gov.au/entering...
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5. https://immi.homeaffairs.gov.au/visas/al...
6. https://immi.homeaffairs.gov.au/help-sup...
7. https://immi.homeaffairs.gov.au/citizens...
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OFFICIAL: Sensitive
Personal-Privacy
17 March 2023
Madan Nyaupane
BY EMAIL: [FOI #10056 email]
In reply please quote:
FOI Request: FA 23/03/01000
File Number: FA 2303/010000
Dear Madan Nyaupane
I refer to your email dated 12 March 2023, 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:
Please provide if department has or can consider secondary 485 visa holders who couldn’t travel due to Covid travel restrictions to apply another appropriate visa. Or if they have lodged a visa application be given priority processing for it.
Intention to refuse request
I am writing to tell 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
The Department has considered the scope of this request and its capacity to conduct searches of relevance based on the current scope. The Freedom of Information Act 1982 provides a right to obtain access to “a document of an agency”. It is my preliminary view that your request, in its current form, does not satisfy the requirement in section 15(2)(b) of the FOI Act and is therefore not valid.
The following will not be processed as part of this request, below are the reasons.
Please provide if department has or can consider secondary 485 visa holders who couldn’t travel due to Covid travel restrictions to apply another appropriate visa. Or if they have lodged a visa application be given priority processing for it.
The FOI Act provides a right to obtain access to “a document of an agency”. As such, it is not possible for the Department to provide general information or responses to questions under the FOI Act.
In consideration of the above, I am satisfied that the Department is currently unable to identify documents of relevance based on the information provided in scope. I consider that this would result in the decision maker being unable to certify that all relevant documents have been provided and considered in the assessment of this request and that a practical refusal reason exists in relation to this request.
As such, I am satisfied that your request is not valid and a practical refusal reason exists in this request.
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 you are seeking access to, so as to enable the Department to identify those documents.
You now have an opportunity to revise your request to enable it to proceed.
Your request is currently not a valid request for the purposes of section 15(2)(b) of the FOI Act. As part of this practical refusal consultation, 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, the Department will take no further action with your request.
Contact
Should you wish to revise your request or have any questions in relation to this process, please do not hesitate to contact [Department of Home Affairs request email].
Kind regards
FOI Officer - Jade
Freedom of Information
Department of Home Affairs
E: [Department of Home Affairs request email]
Personal-Privacy
OFFICIAL: Sensitive
-----Original Message-----
From: Madan <[FOI #10056 email]>
Sent: Sunday, 12 March 2023 7:08 PM
To: FOI <[Department of Home Affairs request email]>
Subject: Freedom of Information request - Consideration for secondary 485 applicants who couldn’t travel due to Covid travel restrictions
Dear Department of Home Affairs,
Please provide if department has or can consider secondary 485 visa holders who couldn’t travel due to Covid travel restrictions to apply another appropriate visa. Or if they have lodged a visa application be given priority processing for it.
Yours faithfully,
Madan Nyaupane
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #10056 email]
Is [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 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.
Dear FOI,
Thank you for the response. Given the explanation that the information requested is out of scope of FOI regulation, I would like to withdraw my request.
Yours sincerely,
Madan
OFFICIAL: Sensitive
Personal-Privacy
In reply please quote:
FOI Request: FA 23/03/01000
File Number: FA 2303/010000
Dear Madan Nyaupane
Thank you. As per your instructions, this FOI request has been withdrawn.
No further action is required by you in this regard.
Kind regards
FOI Officer - Jade
Freedom of Information
Department of Home Affairs
E: [Department of Home Affairs request email]
Personal-Privacy
OFFICIAL: Sensitive
-----Original Message-----
From: Madan <[FOI #10056 email]>
Sent: Friday, 17 March 2023 12:14 PM
To: FOI <[Department of Home Affairs request email]>
Subject: Re: FA 23/03/01000 Practical Refusal Notice [SEC=OFFICIAL:Sensitive, ACCESS=Personal-Privacy]
Dear FOI,
Thank you for the response. Given the explanation that the information requested is out of scope of FOI regulation, I would like to withdraw my request.
Yours sincerely,
Madan
-----Original Message-----
OFFICIAL: Sensitive
Personal-Privacy
17 March 2023
Madan Nyaupane
BY EMAIL: [FOI #10056 email]
In reply please quote:
FOI Request: FA 23/03/01000
File Number: FA 2303/010000
Dear Madan Nyaupane
I refer to your email dated 12 March 2023, 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:
Please provide if department has or can consider secondary 485 visa holders who couldn’t travel due to Covid travel restrictions to apply another appropriate visa. Or if they have lodged a visa application be given priority processing for it.
Intention to refuse request
I am writing to tell 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
The Department has considered the scope of this request and its capacity to conduct searches of relevance based on the current scope. The Freedom of Information Act 1982 provides a right to obtain access to “a document of an agency”. It is my preliminary view that your request, in its current form, does not satisfy the requirement in section 15(2)(b) of the FOI Act and is therefore not valid.
The following will not be processed as part of this request, below are the reasons.
Please provide if department has or can consider secondary 485 visa holders who couldn’t travel due to Covid travel restrictions to apply another appropriate visa. Or if they have lodged a visa application be given priority processing for it.
The FOI Act provides a right to obtain access to “a document of an agency”. As such, it is not possible for the Department to provide general information or responses to questions under the FOI Act.
In consideration of the above, I am satisfied that the Department is currently unable to identify documents of relevance based on the information provided in scope. I consider that this would result in the decision maker being unable to certify that all relevant documents have been provided and considered in the assessment of this request and that a practical refusal reason exists in relation to this request.
As such, I am satisfied that your request is not valid and a practical refusal reason exists in this request.
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 you are seeking access to, so as to enable the Department to identify those documents.
You now have an opportunity to revise your request to enable it to proceed.
Your request is currently not a valid request for the purposes of section 15(2)(b) of the FOI Act. As part of this practical refusal consultation, 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, the Department will take no further action with your request.
Contact
Should you wish to revise your request or have any questions in relation to this process, please do not hesitate to contact [Department of Home Affairs request email].
Kind regards
FOI Officer - Jade
Freedom of Information
Department of Home Affairs
E: [Department of Home Affairs request email]
Personal-Privacy
OFFICIAL: Sensitive
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #10056 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 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.