Crown Resorts visa applications agreement

Andrew made this Freedom of Information request to Department of Home Affairs

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

1 follower

Waiting for an internal review by Department of Home Affairs of their handling of this request.

Dear Department of Home Affairs,

I request access to the following documents:

- The "stakeholder arrangements" between the Department of Home Affairs/its predecessor departments and Crown Resorts regarding processing of visa applications that were in force between 2003 and 2016

- Documents regarding the decision making process to enter into the arrangements and to terminate/not renew the arrangement in 2016

For background, I refer you to the following report from The Age: https://www.theage.com.au/politics/feder...

I request that if possible these documents be provided via administrative access. Failing that, I make this request pursuant to the Freedom of Information Act 1982, and I ask that fees associated with this request be waived on the grounds of extraordinary public interest in these documents, as evidenced by extensive media coverage in The Age, The Sydney Morning Herald, 60 Minutes, various other media outlets including the ABC, and the parliamentary attention given to this matter in the House of Representatives.

Yours faithfully,

Andrew

** This is an automated response. Please do not reply to this email **

IMPORTANT INFORMATION

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respond to FOI requests and other matters relating to the Freedom of
Information Act 1982.

If your email is a valid FOI request, the Department will contact you
shortly to acknowledge your request. Please do not send duplicate emails
as this may cause delays in processing times.

For matters not relating to the Freedom of Information Act 1982, please
refer to the information below to assist in the resolution of your
enquiry.

General information regarding travelling to Australia

Information for visitors to Australia can be found [1]here.

Information regarding potential visa options can be found [2]here.

Updating your details once a visa has been granted, including minor
corrections to date of birth and name

The Department has an administrative process for minor corrections to date
of birth or name due to client error (such an a typographical error in an
online application) where the visa application has already been finalised.

You can update your details online if your application is available in
ImmiAccount. Go to the Department’s website [3]here.
Alternatively, you can complete a form 929, which can be found [4]here.
The completed form and attachments should be sent by email to
[5][email address]. This form will not be actioned by the FOI
Section.

Request for a copy of your Visa Refusal or Visa Grant letter

If you have lost or misplaced correspondence regarding your Visa Refusal
or Visa Grant, or you wish to confirm the authenticity of your Visa
Refusal or Visa Grant, you should contact the office where you lodged your
visa application.

Details of our offices located around the world can be found [6]here.

Queries regarding your current Visa status

You can check your visa details and conditions on the Department’s Visa
Entitlement Verification Online (VEVO) portal. If you do not have the
necessary reference numbers to access the VEVO portal, you should contact
the office where you lodged your visa application for further information.

Refund of Visa fees

If you are seeking a refund of fees associated with your Visa, you should
contact the office where you lodged your visa application. Details of our
offices located around the world can be found [7]here.

Making a Visa application

Registered migration agents are authorised to provide immigration advice
or assistance, including advice regarding the lodgement of visa
applications. Further information on migration agents may be found
[8]here. Please note that the Department is unable to assist you in this
regard.

If you are experiencing technical difficulties in lodging your visa
application through ImmiAccount, you should submit your concerns through
the ImmiAccount Technical Support Form, which is accessible [9]here.

Australian Citizenship

If you are seeking evidence of your Australian Citizenship, you should
complete Form 119, which can be found [10]here. Details on where to send
your completed form may be found on page 8 of the Form. This form will
not be actioned by the FOI Section.

Information on how to apply for Australian citizenship, information for
Australian citizens and Australian Citizenship Day can be found [11]here.

Movement Records/Travel History

If you are seeking evidence of your own travel movements/history you
should complete Form 1359, which can be found [12]here. Details on where
to send your request may be found on page 1 and 2 of the Form. This
request will not be actioned by the FOI Section.

Superannuation – Evidence of Immigration Status

If you are seeking evidence of your own immigration status for
superannuation purposes, you should complete Form 1194, which can be found
[13]here. Details on where to send your completed form may be found on
page 1 of the Form. This request will not be actioned by the FOI Section.

Update Passport Details

Information on how to update your address or passport details can be found
[14]here.

Notification of Change in Circumstances

If you have lodged a visa application and your circumstances have changed,
you should submit [15]Form 1022 to the office where you lodged your visa
application. Details of our offices located around the world can be found
[16]here. The FOI Section does not process these forms.

Notification of incorrect answers

If you wish to correct answers that you have provided to the Department
either:

· in a visa application

· on a passenger card or

· in response to a notice given to you by the Department inviting
you to comment on possible non-compliance with an obligation to correct
incorrect information

You should submit [17]Form 1023 to the Department. Details of our offices
located around the world can be found [18]here. The FOI Section does not
process these forms.

Duty Free concessions

Information relating to duty free concessions can be found [19]here.

General Enquiries

If you have a question, which has not been answered above, and which is
about visa, citizenship, travel or trade, including bringing goods in and
out of Australia, please refer to our general enquiries web form [20]here.

Thank you

Information updated 13 November 2018

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.

References

UNCLASSIFIED
In reply please quote:
FOI Request: FA 19/07/01789

Dear Andrew

Acknowledgement of Freedom of Information Access request

I refer to your correspondence received on 30 July 2019 seeking 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:

In regards to the following report from The Age: https://www.theage.com.au/politics/feder...
1) the "stakeholder arrangements" between the Department of Home Affairs/its predecessor departments and Crown Resorts regarding processing of visa applications that were in force between 2003 and 2016 and
2) documents regarding the decision making process to enter into the arrangements and to terminate/not renew the arrangement in 2016.

Your request was received by the Department on 30 July 2019 and has been allocated FOI request number FA 19/07/01789 . Please include your FOI request number in all correspondence with the Freedom of Information Section.

Timeframe for receiving your decision

The statutory timeframe for processing a request is 30 days from the date upon which your application was received by the Department.

Exclusion of non-SES staff personal details and SES telephone contact details

The Department’s policy is to exclude the personal details of staff 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.

Publication of document

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.

Contacting the FOI Section

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

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.

UNCLASSIFIED
Good morning

I refer to your request received on 30 July 2019 for access to documents under the FOI Act. The current due date for your request is today, 29 August 2019.

In order for the Department to complete the process of retrieving all the documents that fall within the scope of your request and the subsequent decision making process in relation to those documents, the Department will require additional time to process your request.

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 Saturday 28 September 2019. 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 30 September 2019.

It would assist the Department in managing its FOI caseload if you could provide a response to this request by close of business, Monday 2 September 2019

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

With kind regards
Assistant Director, 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.

Dear Assistant Director,

Thank you for your response.

I am willing to consent to a s15AA extension for a period of up to 15 days from the original due date, i.e. until Friday 13 September.

Yours sincerely,

Andrew

Dear Department of Home Affairs,

I request an update on the state of this request and an estimated time for decision, as this request is now past the statutory deadline and as such is reviewable as a deemed refusal.

I am prepared to wait until the Department's request s15AA extension date of 30 September before I take further action.

Yours sincerely,

Andrew

UNCLASSIFIED

Dear Andrew,

Thank you for your email enquiring about the progress of your FOI request.

Please be advised that the Department is currently processing a large number of FOI requests. Our staff are working hard and the Department is committed to processing your request as quickly as possible.

We are reviewing the documents identified as falling within the scope of your request and are working towards making a decision on access soon.

Regards,

Assistant Director, Freedom of Information Section
FOI and Records Management Branch
Data Division | Corporate and Enabling Group
Department of Home Affairs

E: [DIBP request email]
T: 6264 1111

UNCLASSIFIED

show quoted sections

Dear Department of Home Affairs,

Thank you for your email advising of the current status of my request.

I note that the Department's decision on my request is now overdue by two months. I have filed an application for a review of the deemed refusal with the Office of the Australian Information Commissioner, and note that my application for a review does not relieve the Department of its obligation to make a decision.

I once again ask for an estimated date by which the Department expects to provide a decision in this matter.

Yours sincerely,

Andrew

Dear Department of Home Affairs,

It has now been over 3 months since the original due date for this request.

I once again ask for an estimated date by which the Department expects to provide a decision.

Yours sincerely,

Andrew

UNCLASSIFIED

Dear Andrew,

The Department is working on finalising this request as quickly as possible.

Regards,
Freedom of Information Section
FOI and Records Management Branch
Data Division | Corporate and Enabling Group
Department of Home Affairs

E: [DIBP request email]
T: 6264 1111

UNCLASSIFIED

show quoted sections

Dear Department of Home Affairs,

It has now been over 5 months since the original due date for this request.

As you are aware, I have requested a review of this deemed refusal by the Information Commissioner, which I am happy to withdraw if the Department provides a suitable decision before the review is finalised. I once again ask for an estimated date by which the Department expects to provide a decision.

Yours sincerely,

Andrew

FA190701789 Andrew signed decision.pdf

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UNCLASSIFIED

Dear Andrew,

FOI request FA 19/07/01789

I refer to your FOI request received on 30 July 2018, seeking access to
the following:

In regards to the following report from The Age:

https://www. theage.
com.au/politics/federal/home-affairs-had-an-agreement-to-fast-

track-visa-applications-for-crown-20190729-p52bwi. html:

1) the "stakeholder arrangements" between the Department of Home
Affairs/its predecessor departments and Crown Resorts regarding processing
of visa applications that were in force between 2003 and 2016 and

2) documents regarding the decision making process to enter into the
arrangements and to terminate/not renew the arrangement in 2016.

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

This request has now been closed.

Regards,

Freedom of Information Section

FOI and Records Management Branch

Data Division | Corporate and Enabling Group

Department of Home Affairs

E: [1][DIBP request email]

UNCLASSIFIED

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

References

Visible links
1. mailto:[DIBP request email]

Dear FOI Section,

Thank you for your response and decision on my request, FA 19/07/01789.

I apply for an internal review of the decision.

My specific concerns regarding the initial decision are as follows.

- Application of the public interest test: in section 6.4 of the decision notice, the decision maker wrote: "I consider that the subject matter of the documents does not seem to have the character of public importance. The matter has a very limited scope and, in my view, would be of interest to a very narrow section of the public." Whilst it is true that the nature of the documents being released are technical in nature and cover administrative details which normally would not be of concern to the broader public, per my request for a fee waiver in my original application, I note that these arrangements were the subject of intense and detailed media and parliamentary scrutiny, and I thus believe that these documents do have the character of public importance. The public interest test should be applied accordingly.

- Document #1: parts of pages 1, 2, 5, half of page 7, and all of pages 8 to 15 have been refused under s22(1)(a)(ii). To the degree that these redactions deal with names of non-SES Departmental staff, I do not object to this being considered outside the scope of my request, as I did not object to that during the initial processing of the request. However, it is difficult to believe that any other part of Document #1 can be deemed to be irrelevant under s22. I note that some parts of the document redacted under s22 appear to be names which, in context, may be those of Crown staff rather than Departmental staff.

With regards to the sections of Document #1 refused under s47E(d), as I stated above I assert that the public interest test should be reapplied acknowledging the public importance of the documents.

- Document #3: most of this document has been refused under s22(1)(a)(ii), and some under s47F.

From the context provided by the subject line of this email chain ("FW: Current visa applications lodged through Crown"), I infer that parts of this email chain are related to the processing of specific visa cases. I would appreciate confirmation that the parts of this document exempted under s22(1)(a)(ii) (other than non-SES Departmental staff details) are indeed exempted as they are related to specific casework rather than the overall arrangements.

I object to the use of s47F to refuse the names of Crown's executive employees. In particular, I note that the name of Crown Resorts' President, International Marketing at the time of this email, who is presumably the person whose details have been redacted on the last page of the document, has been publicly reported by the Australian media (among others, the Australian Financial Review and the ABC).

- Document #4: most of this document has been refused under s22(1)(a)(ii).

The email on pages 2-5 of this document is set out mostly in bullet point form, and addresses Crown Casino in a second level bullet point at the bottom of page 2 and a third level bullet point at the top of page 3. It would follow that, at the very least, the first level bullet point on page 2 is relevant, as it's required to understand the context of the other bullet points. Given this fact, I would also like confirmation that the rest of this document has been properly assessed for relevancy.

- Other documents: I note that my request covers "Documents regarding the decision making process to enter into the arrangements and to terminate/not renew the arrangement in 2016". It appears that the documents released only cover this to the extent of an email from Crown stating that they are "suspending" visa assistance.

Document #1 states that the arrangements in question were initiated in 2003, and expanded in 2006. Document #4 asserts that "The casino arrangements were established in discussion between Ministers' offices at the time, departmental headquarters and offices in China", and that the arrangements "had been in place ... from 2003".

It appears, based on this, that it is likely that there exists further documents about the establishment of these arrangements, particularly in 2003 and 2006.

I would appreciate confirmation that the Department has conducted a thorough search to identify all relevant documents from the timeframe of 2003 onwards, including communications between the Department's headquarters, China offices, Ministers' offices, and Crown Casino Limited. If such documents do not exist or cannot be located, I would appreciate if this could be explicitly confirmed.

As you are aware, I also have a pending application for IC review due to the initial deemed refusal of this application. I will advise the Office of the Australian Information Commissioner that I have applied for an internal review so that processing of the IC review can be suspended for the 30 day timeframe of this internal review.

I thank you very much for your consideration of this internal review application.

Yours faithfully,

Andrew

** This is an automated response. Please do not reply to this email **

IMPORTANT INFORMATION

If your email is a valid FOI request, the Department will contact you
shortly to acknowledge your request. Please do not send duplicate emails
as this may cause delays in processing times.

For matters not relating to the Freedom of Information Act 1982, please
refer to the information below to assist in the resolution of your
enquiry.

General information regarding travelling to Australia

Information for visitors to Australia can be found [1]here.

Information regarding potential visa options can be found [2]here.

Request for a copy of your Visa Refusal or Visa Grant letter

Details of our offices located around the world can be found [3]here.

Queries regarding your current Visa status

Refund of Visa fees

Making a Visa application

Registered migration agents are authorised to provide immigration advice
or assistance, including advice regarding the lodgement of visa
applications. Further information on migration agents may be found
[5]here. Please note that the Department is unable to assist you in this
regard.

Australian Citizenship

If you are seeking evidence of your Australian Citizenship, you should
complete Form 119, which can be found [7]here. Details on where to send
your completed form may be found on page 8 of the Form. This form will
not be actioned by the FOI Section.

Information on how to apply for Australian citizenship, information for
Australian citizens and Australian Citizenship Day can be found [8]here.

Movement Records/Travel History

If you are seeking evidence of your own travel movements/history you
should complete Form 1359, which can be found [9]here. Details on where to
send your request may be found on page 1 and 2 of the Form. This request
will not be actioned by the FOI Section.

Superannuation – Evidence of Immigration Status

If you are seeking evidence of your own immigration status for
superannuation purposes, you should complete Form 1194, which can be found
[10]here. Details on where to send your completed form may be found on
page 1 of the Form. This request will not be actioned by the FOI Section.

Update Passport Details

Information on how to update your address or passport details can be found
[11]here.

Notification of Change in Circumstances

If you have lodged a visa application and your circumstances have changed,
you should submit [12]Form 1022 to the office where you lodged your visa
application. Details of our offices located around the world can be found
[13]here. The FOI Section does not process these forms.

Duty Free concessions

Information relating to duty free concessions can be found [14]here.

General Enquiries

Thank you

Information updated 21 October 2019

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

References

UNCLASSIFIED

In reply please quote:

FOI request: FA 19/07/01789

File number: OBJ2019/44519

Dear Mr Donnellan

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 decision under review is the Department’s decision of 3 February 2020
to grant access in part to documents to which you had requested access on
30 July 2019.

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 10 February 2020.

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 [1]here.

Contacting the FOI Section

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

Regards

Claire

FOI Officer, Reviews Team

Freedom of Information (FOI) Section|FOI and Records Management Branch

Data Division|Corporate and Enabling Group

Department of Home Affairs

E: [email address]

UNCLASSIFIED

show quoted sections

UNCLASSIFIED

Dear Mr Donnellen,

I write regarding your request for internal review of FA19/07/01789-R1. I
note this request is currently the subject of an ongoing review by the
Office of the Australian Information Commissioner (OAIC).

The Australian Information Commissioner’s FOI Guidelines [at 9.3] state:

‘A person who is dissatisfied with an agency’s access refusal or access
grant decision can apply either for internal review or IC review of that
decision’ (emphasis added)

Consequently, in order for your request for internal review to be
registered validly and actioned, the Department requires confirmation that
your open review by the OAIC in relation to FA19/07/01789 has been
withdrawn.

A second option would be to maintain the current review by the OAIC, in
which case the Department will treat your internal review request
(FA19/07/01789-R1) as withdrawn.

If you could please advise your decision as to which form of review you
wish to action by return email, I would be most appreciative.

Kind regards,

FOI Reviews Officer

Freedom of Information Section

FOI, Privacy and Records Management Branch / Data Division

Department of Home Affairs

Email: [1][email address]

UNCLASSIFIED

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

References

Visible links
1. mailto:[email address]

Dear FOI Reviews Officer

I have been advised verbally by the OAIC that as this is a case where the original decision was a deemed refusal, the option of an internal review is not available. Instead, they have suggested that I continue with my IC review application, through which the OAIC will seek a "revised decision" from the Department.

Accordingly, I intend to continue with the IC review process, and my understanding is that the original internal review request was not valid.

Yours sincerely,

Andrew

Andrew left an annotation (April 28, 2021)

Believe it or not, I'm still waiting for the IC review. It's now mid-2021.

Andrew left an annotation (October 15, 2021)

Now it's late 2021. Still waiting for the IC review.

1 follower

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Crown Resorts visa applications agreement

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Andrew left an annotation (April 28, 2021)

Andrew left an annotation (October 15, 2021)

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