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

IMPORTANT INFORMATION

Your email has been received by the Department of Home Affairs Freedom of
Information (FOI) Section.

The FOI section only responds to valid FOI requests and other matters
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:

- documents you previously provided to the Department as part of a visa
application

- a copy of a decision record made by the Department

- statistical information held by the Department

- papers or briefings the Department prepared.

If your email is a valid FOI request, the Department will contact you
shortly to acknowledge your request.

A valid FOI request must:

o Be in writing and state the request is for consideration under the FOI
Act.
o Have enough information for us to be able to identify the documents
you are seeking.
o Provide a physical or electronic address where we can send our
decision.

Do not send duplicate emails as this may cause longer delays in processing
times.

What is an invalid FOI request?

Invalid FOI requests may include:

- Making a visa application

- Seeking evidence of your Australian Citizenship

- Seeking information about traveling to or departing Australia.

If your email is not specific an FOI request or FOI related matter, the
FOI section will not respond.

What happens next?

Once we receive and have registered your FOI request, we will send you an
acknowledgment letter by email. Read the acknowledgment letter carefully
for further instructions.

FOI requests are generally processed in the order they are received.

We will contact you as soon as the Department has assessed your request
under the FOI Act.

We’re responding to a large volume of requests

Due to the current high volume of requests, we will not provide progress
up-dates on current FOI requests.  This is to ensure we are able to
process as many requests as possible, including yours.

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

Still have a question or request?

If you still have a question, which has not been answered above, and which
is about the work of the Department, use our general enquiries web page

[2]https://immi.homeaffairs.gov.au/help-sup...

You may be able to resolve your enquiry faster using these other resources

We only action and respond to FOI requests that are valid under the
Freedom of Information Act 1982. You may be able to resolve your enquiry
faster by using these resources:

General information about travelling to Australia:

The Department of Home Affairs, “Entering Australia” site
[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
visa application through ImmiAccount, submit your concerns through the
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.

·       For movement records or travel history complete the online
International Movement Records form [8]here. The FOI Section does not
process these requests.

·       To update your details, including your Passport details, you can
notify the Department [9]here. The FOI Section does not process these
requests.

We appreciate your feedback         

We appreciate your feedback to help improve our services.

If you would like to provide feedback to us please use our Compliments,
complaints and suggestions form.
[10]https://www.homeaffairs.gov.au/help-and-...

Thank you

Information updated 11 January 2022

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

Visible links
1. https://www.homeaffairs.gov.au/access-an...
2. https://immi.homeaffairs.gov.au/help-sup...
3. https://immi.homeaffairs.gov.au/entering...
4. https://immi.homeaffairs.gov.au/visas/ge...
5. https://immi.homeaffairs.gov.au/visas/al...
6. https://immi.homeaffairs.gov.au/help-sup...
7. https://immi.homeaffairs.gov.au/citizens...
8. https://immi.homeaffairs.gov.au/entering...
9. https://immi.homeaffairs.gov.au/change-i...
10. https://www.homeaffairs.gov.au/help-and-...

OFFICIAL: Sensitive
Personal-Privacy

Dear D.A

The Department of Home Affairs (the Department) has received your request
for data of Tuesday 7 March 2023 Your reference number for this request is
DA 23/03/00007.

The Department has interpreted your request as follows:

Please provide, for each of the past five years, the total number of
English language test results submitted to DHA to meet an English language
proficiency requirement, broken down by test provider.

For example

2022: ___ IELTS test results submitted, ___ TOEFL test results submitted,
etc.

If we have misinterpreted your request, please let us know by emailing
[1][Department of Home Affairs request email] quoting the above reference number so we can
reassess your request.

Charge for access

The Department has calculated that a charge of $30 is required for your
request.

Next Steps

You can now choose to:

·       pay the attached invoice for your request to proceed;

·       email [2][Department of Home Affairs request email] to tell us if your request has
been incorrectly interpreted; or

·       email [3][Department of Home Affairs request email] to tell us if you wish to withdraw
your request.

Your request will not be processed until you take one of these actions.

Please note: if you do not respond by 23 March 2023 your request will be
deemed to be withdrawn.

Financial hardship

If you believe that paying the charge for access would result in financial
hardship to you, you can request a waiver or reduction of the charge.
Please set out the reasons you believe that you would experience financial
hardship and provide supporting evidence.

An example of financial hardship would be when payment of the charge would
leave you unable to provide food, accommodation, clothing, medical
treatment, education or other necessities for yourself or your family, or
other people for whom you are responsible.

Your request for a waiver or reduction of charge will be considered, and a
response sent to you within 30 days.

Release of requested information

We will try to finalise your request within 30 days of receiving your
payment. If we need to contact you regarding the clarity or size of your
request, we will contact you in writing.

In some circumstances, release of data may be prohibited by legislation
such as the Privacy Act 1988, Australian Border Force Act 2015 and
Migration Act 1958. If we cannot release the requested data due to
restrictions under legislation, we will notify you in writing. If we
cannot provide the data you have requested, we will refund the amount you
have paid.

If you have any feedback about our handling of your data request, please
email [4][Department of Home Affairs request email]

Thank you for your data request. I look forward to your response. 

Ayesha

Position number: 60100052

Authorised FOI Officer

FOI and Records Management Branch

Legal Group

Department Of Home Affairs

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

Personal-Privacy
OFFICIAL: Sensitive

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

Visible links
1. mailto:[Department of Home Affairs request email]
2. mailto:[Department of Home Affairs request email]
3. mailto:[Department of Home Affairs request email]
4. mailto:[Department of Home Affairs request email]
5. mailto:[Department of Home Affairs request email]

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

IMPORTANT INFORMATION

Your email has been received by the Department of Home Affairs Freedom of
Information (FOI) Section.

The FOI section only responds to valid FOI requests and other matters
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:

- documents you previously provided to the Department as part of a visa
application

- a copy of a decision record made by the Department

- statistical information held by the Department

- papers or briefings the Department prepared.

If your email is a valid FOI request, the Department will contact you
shortly to acknowledge your request.

A valid FOI request must:

o Be in writing and state the request is for consideration under the FOI
Act.
o Have enough information for us to be able to identify the documents
you are seeking.
o Provide a physical or electronic address where we can send our
decision.

Do not send duplicate emails as this may cause longer delays in processing
times.

What is an invalid FOI request?

Invalid FOI requests may include:

- Making a visa application

- Seeking evidence of your Australian Citizenship

- Seeking information about traveling to or departing Australia.

If your email is not specific an FOI request or FOI related matter, the
FOI section will not respond.

What happens next?

Once we receive and have registered your FOI request, we will send you an
acknowledgment letter by email. Read the acknowledgment letter carefully
for further instructions.

FOI requests are generally processed in the order they are received.

We will contact you as soon as the Department has assessed your request
under the FOI Act.

We’re responding to a large volume of requests

Due to the current high volume of requests, we will not provide progress
up-dates on current FOI requests.  This is to ensure we are able to
process as many requests as possible, including yours.

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

Still have a question or request?

If you still have a question, which has not been answered above, and which
is about the work of the Department, use our general enquiries web page

[2]https://immi.homeaffairs.gov.au/help-sup...

You may be able to resolve your enquiry faster using these other resources

We only action and respond to FOI requests that are valid under the
Freedom of Information Act 1982. You may be able to resolve your enquiry
faster by using these resources:

General information about travelling to Australia:

The Department of Home Affairs, “Entering Australia” site
[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
visa application through ImmiAccount, submit your concerns through the
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.

·       For movement records or travel history complete the online
International Movement Records form [8]here. The FOI Section does not
process these requests.

·       To update your details, including your Passport details, you can
notify the Department [9]here. The FOI Section does not process these
requests.

We appreciate your feedback         

We appreciate your feedback to help improve our services.

If you would like to provide feedback to us please use our Compliments,
complaints and suggestions form.
[10]https://www.homeaffairs.gov.au/help-and-...

Thank you

Information updated 11 January 2022

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

Visible links
1. https://www.homeaffairs.gov.au/access-an...
2. https://immi.homeaffairs.gov.au/help-sup...
3. https://immi.homeaffairs.gov.au/entering...
4. https://immi.homeaffairs.gov.au/visas/ge...
5. https://immi.homeaffairs.gov.au/visas/al...
6. https://immi.homeaffairs.gov.au/help-sup...
7. https://immi.homeaffairs.gov.au/citizens...
8. https://immi.homeaffairs.gov.au/entering...
9. https://immi.homeaffairs.gov.au/change-i...
10. https://www.homeaffairs.gov.au/help-and-...

Dear Customer,

Please see attached Receipt for your recent payment.

Important Notice:
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.
Home Affairs respects your privacy and has obligations under the Privacy Act 1988.
The official departmental privacy policy can be viewed on the department's website.

This is a system generated message, please do not reply.

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.

OFFICIAL

Dear D.A

I am writing to notify you of my decision in relation to your data request
DA23/03/00007.

The Department of Home Affairs (the Department) has interpreted your
request as follows:

Please provide, for each of the past five years, the total number of
English language test results submitted to DHA to meet an English language
proficiency requirement, broken down by test provider.

For example

2022: ___ IELTS test results submitted, ___ TOEFL test results submitted,
etc.

The Department has identified a document as falling within the scope of
your request. However, the information you have requested contains
commercial-in-confidence data about English language tests currently
accepted by the Department for visa purposes, that is not common knowledge
or available in the public domain. If such information is disclosed, it
would be of commercial value to another business and would be without the
authority of the affected third parties.

For these reasons, I have decided to refuse your data request at this
time.

Please email [1][Department of Home Affairs request email] with the following information to
enable a refund of the charge you have paid to be processed.

·       Bank Account Name

·       Bank Account Number

·       BSB Number

If we have misinterpreted your request or you have any feedback about the
way we have processed your request, please let us know as soon as possible
by emailing [2][Department of Home Affairs request email] quoting the above reference number.
Your request has been closed.

If you wish to pursue your request, you can make a Freedom of Information
(FOI) request:

·       [3]How to make a FOI request (homeaffairs.gov.au)

If you decide to lodged an FOI request, please quote DA 23/03/00007 in
your request, and advise that you are now seeking this information under
the FOI Act.

Please note that any FOI request will be assessed and subject to relevant
exemptions in the Freedom of Information Act 1982, which may include
consideration of section 47 – Documents disclosing commercially valuable
information

Kind regards

Julia

Position number: 83279464

Authorised FOI Officer

Freedom of Information Section

FOI and Records Management Branch | Legal Group

Department of Home Affairs

E: [4][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 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

Visible links
1. mailto:[Department of Home Affairs request email]
2. mailto:[Department of Home Affairs request email]
3. https://www.homeaffairs.gov.au/foi/Pages...
4. mailto:[Department of Home Affairs request email]

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

IMPORTANT INFORMATION

Your email has been received by the Department of Home Affairs Freedom of
Information (FOI) Section.

The FOI section only responds to valid FOI requests and other matters
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:

- documents you previously provided to the Department as part of a visa
application

- a copy of a decision record made by the Department

- statistical information held by the Department

- papers or briefings the Department prepared.

If your email is a valid FOI request, the Department will contact you
shortly to acknowledge your request.

A valid FOI request must:

o Be in writing and state the request is for consideration under the FOI
Act.
o Have enough information for us to be able to identify the documents
you are seeking.
o Provide a physical or electronic address where we can send our
decision.

Do not send duplicate emails as this may cause longer delays in processing
times.

What is an invalid FOI request?

Invalid FOI requests may include:

- Making a visa application

- Seeking evidence of your Australian Citizenship

- Seeking information about traveling to or departing Australia.

If your email is not specific an FOI request or FOI related matter, the
FOI section will not respond.

What happens next?

Once we receive and have registered your FOI request, we will send you an
acknowledgment letter by email. Read the acknowledgment letter carefully
for further instructions.

FOI requests are generally processed in the order they are received.

We will contact you as soon as the Department has assessed your request
under the FOI Act.

We’re responding to a large volume of requests

Due to the current high volume of requests, we will not provide progress
up-dates on current FOI requests.  This is to ensure we are able to
process as many requests as possible, including yours.

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

Still have a question or request?

If you still have a question, which has not been answered above, and which
is about the work of the Department, use our general enquiries web page

[2]https://immi.homeaffairs.gov.au/help-sup...

You may be able to resolve your enquiry faster using these other resources

We only action and respond to FOI requests that are valid under the
Freedom of Information Act 1982. You may be able to resolve your enquiry
faster by using these resources:

General information about travelling to Australia:

The Department of Home Affairs, “Entering Australia” site
[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
visa application through ImmiAccount, submit your concerns through the
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.

·       For movement records or travel history complete the online
International Movement Records form [8]here. The FOI Section does not
process these requests.

·       To update your details, including your Passport details, you can
notify the Department [9]here. The FOI Section does not process these
requests.

We appreciate your feedback         

We appreciate your feedback to help improve our services.

If you would like to provide feedback to us please use our Compliments,
complaints and suggestions form.
[10]https://www.homeaffairs.gov.au/help-and-...

Thank you

Information updated 11 January 2022

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

Visible links
1. https://www.homeaffairs.gov.au/access-an...
2. https://immi.homeaffairs.gov.au/help-sup...
3. https://immi.homeaffairs.gov.au/entering...
4. https://immi.homeaffairs.gov.au/visas/ge...
5. https://immi.homeaffairs.gov.au/visas/al...
6. https://immi.homeaffairs.gov.au/help-sup...
7. https://immi.homeaffairs.gov.au/citizens...
8. https://immi.homeaffairs.gov.au/entering...
9. https://immi.homeaffairs.gov.au/change-i...
10. https://www.homeaffairs.gov.au/help-and-...

OFFICIAL: Sensitive
Personal-Privacy

In reply please quote:
FOI Request: FA 23/04/00511
File Number: FA23/04/00511

Dear D. A.

Acknowledgement of Freedom of Information Access request

This letter acknowledges that on 11 April 2023 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:

I am writing to request an internal review of Department of Home Affairs's handling of my FOI request 'English language tests for Australian visas'.

My request was rejected because it contained information of commercial value to another business. I was not provided with a description of what that information was, and therefore cannot form a useful followup request.

In addition, the specific information I seek should not be a trade secret or in commercial confidence. I am specifically asking for English test results submitted to DHA to fulfill a visa requirement. (Or, alternatively, by visas granted.) This is information that belongs to DHA, not to the test providers, because it relates to a DHA function, and therefore should not be protected in commercial confidence. English test providers administer tests, but it is the test takers themselves who choose to submit those tests to DHA, and DHA who decides which visas to grant.

By way of analogy, a request for the number of cars manufactured by each car manufacturer would be out of scope for an FOI request. But a request for the number of parking tickets issued, broken down by car manufacturer, is not, because that is data that belongs to the parking authority, not to the car manufacturer. This is how FOI has previously been interpreted:
https://www.righttoknow.org.au/request/p...
https://www.righttoknow.org.au/request/p...
https://www.righttoknow.org.au/request/p...

Similarly, a private corporation's sales figures would also be out of scope for FOI. But the volume of purchases that the Department makes, from that corporation, would be within scope, as such a request represents Department data, and not private corporation data. This is also how FOI has previously been interpreted: https://www.righttoknow.org.au/request/a...

My request is similar. The information requested is not information about the business, commercial, or financial affairs of a company - in the same way that parking ticket data is not information about the car manufacturers' business, commercial, or financial affairs, or government procurement data is not information about vendors' business, commercial, or financial affairs.

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

Your request has been allocated FOI request number FA 23/04/00511. 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 the website of the Office of the Australian Information Commissioner.

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 the Department’s website.

We do not provide personal details of staff

The Department’s practice 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. 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 there is a decision to release the document to you, you will receive only one copy, even if multiple copies of that document exist.

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 [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 [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

show quoted sections

OFFICIAL: Sensitive
Personal-Privacy

FOI Request:    FA 23/04/00511

File Number:     FA23/04/00511 

Dear D. A.

I refer to your request received on 11 April 2023 for access to documents
under the FOI Act. 

The current due date for your request is 11 May 2023. 

In order for the Department to complete the process of retrieving all the
documents that fall within the scope of your request 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 10 June 2023.
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 12
June 2023.

It would assist the Department in managing its FOI caseload if you could
provide a response to this request by close of business, Friday 5 May 2023

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

Kind regards

FOI Officer - Jade

Freedom of Information

Department of Home Affairs

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

Personal-Privacy
OFFICIAL: Sensitive

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.  

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1. mailto:[Department of Home Affairs request email]

OFFICIAL

In reply please quote:

FOI Request:       FA 23/04/00511

File Number:        FA23/04/00511 

Dear D. A.

Freedom of Information (FOI) request – Access Decision

On 11 April 2023, the Department of Home Affairs (the Department) received
a request for access to document under the Freedom of Information Act 1982
(the FOI Act).

The purpose of this letter is to provide you with a decision on your
request for access under the FOI Act.

1            Scope of request

You have requested access to the following document:

I am writing to request an internal review of Department of Home Affairs's
handling of my FOI request 'English language tests for Australian visas'.

My request was rejected because it contained information of commercial
value to another business. I was not provided with a description of what
that information was, and therefore cannot form a useful followup request.

In addition, the specific information I seek should not be a trade secret
or in commercial confidence. I am specifically asking for English test
results submitted to DHA to fulfill a visa requirement. (Or,
alternatively, by visas granted.) This is information that belongs to DHA,
not to the test providers, because it relates to a DHA function, and
therefore should not be protected in commercial confidence. English test
providers administer tests, but it is the test takers themselves who
choose to submit those tests to DHA, and DHA who decides which visas to
grant.

By way of analogy, a request for the number of cars manufactured by each
car manufacturer would be out of scope for an FOI request. But a request
for the number of parking tickets issued, broken down by car manufacturer,
is not, because that is data that belongs to the parking authority, not to
the car manufacturer. This is how FOI has previously been interpreted:
https://www.righttoknow.org.au/request/p...
https://www.righttoknow.org.au/request/p...
https://www.righttoknow.org.au/request/p...

Similarly, a private corporation's sales figures would also be out of
scope for FOI. But the volume of purchases that the Department makes, from
that corporation, would be within scope, as such a request represents
Department data, and not private corporation data. This is also how FOI
has previously been interpreted:
https://www.righttoknow.org.au/request/a...

My request is similar. The information requested is not information about
the business, commercial, or financial affairs of a company - in the same
way that parking ticket data is not information about the car
manufacturers' business, commercial, or financial affairs, or government
procurement data is not information about vendors' business, commercial,
or financial affairs.

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

Scope of previous Data Request DA23/03/00007:

Please provide, for each of the past five years, the total number of
English language test results submitted to DHA to meet an English language
proficiency requirement, broken down by test provider.
For example
2022: ___ IELTS test results submitted, ___ TOEFL test results submitted,
etc.

2            Authority to make decision

I am an officer authorised under section 23 of the FOI Act to make
decisions in respect of requests to access document or to amend or
annotate records.

3            Relevant material

In reaching my decision I referred to the following:

·       the terms of your request

·       the document relevant to the request

·       the FOI Act

·       Guidelines published by the Office of the Information Commissioner
under section 93A of the FOI Act (the FOI Guidelines)

·       advice from Departmental officers with responsibility for matters
relating to the document to which you sought access.

4            Document in scope of request

Searches were undertaken by relevant business areas in relation to your
request, however it was identified that the Department does not hold
existing discrete documents that contains the data you are seeking for
either part of your request.

The Department has therefore considered whether it can extract the data in
accordance with section 17(1) of the FOI Act.

The obligation for retrieving or collating information stored in a
computer system arises if:

·       the Department could produce a written document containing the
information using a computer or other equipment that is ordinarily
available to the agency for retrieving or collating stored information,
and

·       producing a written document would not substantially and
unreasonably divert the resources of the agency from its other operations
(s17(2))

In Collection Point Pty Ltd v Commissioner of Taxation the full bench of
the Federal Court decided that if a new computer program is required to be
written to produce the document then a computer is not being used in a
manner that is ordinarily available to the agency because an extraordinary
step is required to be taken[1][1].

To compile the information you have requested into a discrete document
would require a manual search of each relevant individual record. This is
not what section 17 of the FOI Act requires. Section 17 only requires a
new document to be created when it is possible to do so using a computer
or other equipment to extract data. It is not possible to generate a
document containing the information you have requested.

I am satisfied that the Department is not able to produce a written
document containing the information you seek in a discrete form using a
computer or other equipment ordinarily available to it.

Having regard to your request and the types of document that may fall
within the scope of your request, I am satisfied that the searches
conducted were thorough and all reasonable steps have been taken to locate
any document relevant to your request.

5            Decision

Section 24A of the FOI Act provides that the Department may refuse a
request for access to a document if all reasonable steps have been taken
to find the document and the Department is satisfied that the document
does not exist.

I am satisfied that the Department has undertaken reasonable searches in
relation to your request and that no documents were in the possession of
the Department on 11 April 2023 when your FOI request was received. As
such, I am refusing your request based on the application of section 24A
of the FOI Act.

6            Legislation

A copy of the FOI Act is available at
https://www.legislation.gov.au/Series/C2.... If you are unable to
access the legislation through this website, please contact our office for
a copy.

7            Your Review Rights

Internal Review

If you disagree with this decision, you have the right to apply for an
internal review by the Department of this decision. Any request for
internal review must be provided to the Department within 30 days of you
being notified of the decision. Where possible please attach reasons why
you believe a review of the decision is necessary. The internal review
will be carried out by an officer other than the original decision maker
and the Department must make a review decision within 30 days. 

Applications for review should be sent to:

By email to: [2][email address]

OR

By mail to:

Freedom of Information Section

Department of Home Affairs

PO Box 25

BELCONNEN ACT 2617

Review by the Office of the Australian Information Commissioner

You may apply directly to the Office of the Australian Information
Commissioner (OAIC) for a review of this decision. You must apply in
writing within 60 days of this notice. For further information about
review rights and how to submit a request for a review to the OAIC, please
see
[3]https://www.oaic.gov.au/freedom-of-infor....

8            Making a Complaint

You may complain to the Australian Information Commissioner about action
taken by the Department in relation to your request.

Your enquiries to the Australian Information Commissioner can be directed
to:

·       Phone 1300 363 992 (local call charge)

·       Email  [4][email address]

There is no particular form required to make a complaint to the Australian
Information Commissioner. The request should be in writing and should set
out the grounds on which it is considered that the action taken in
relation to the request should be investigated and identify the Department
of Home Affairs as the relevant agency.

9            Contacting the FOI Section

Should you wish to discuss this decision, please do not hesitate to
contact the FOI Section at [5][Department of Home Affairs request email]. 

Yours sincerely,

[Electronically signed]

Phil

Position No. 60157242

Authorised FOI Officer - Freedom of Information

FOI and Records Management Branch | Legal Group

Department of Home Affairs  | [6]www.homeaffairs.gov.au

Email [7][Department of Home Affairs request email]

OFFICIAL

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