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IMPORTANT INFORMATION

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OFFICIAL

OFFICIAL

13 April 2021

Jungsik Kim Charlie

BY EMAIL: [1][email address]

In reply please quote:

FOI Request:      FA 21/04/00158

File Number:      ADF2020/61138

Dear Jungsik Kim Charlie,

Freedom of Information (FOI) request - Access Decision

On 06/04/2021, the Department of Home Affairs (the Department) received a
request for access to documents 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.

You have requested access to the following documents:

EOIs that were issued an invitation to apply for a subclass 190 visa
nominated by the NT government for the period between 1/01/2020
-06/04/2021, showing:

a. date of invitation

b. ANZSCO code of occupation

c. occupation name

d. total points

e. primary applicant's English proficiency

1            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 documents or to amend or
annotate records.

2            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

3            Document in scope of request

The Department has consulted with the relevant area of the business in
relation to the documents you have requested access to and finds no
relevant document holdings.

Searches

The Department does not hold an existing discrete document that contains
the data you are seeking.

The Department has considered whether it can extract this 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 (Collection Point Pty Ltd v Commissioner of
Taxation [2013] FCAFC 67 [20]).   

The Department’s ordinary use of computer systems includes measures to
provide the public with access to Expression of Interest (EOI) data. The
Department maintains a dashboard on its SkillSelect website to provide
regular updates on EOI data:
[2]https://immi.homeaffairs.gov.au/visas/wo...

To compile the information you have requested into a discrete document
would require that additional and extraordinary measures be undertaken.
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.

The data you have requested is of a detail that cannot be reported on from
the Department’s computer systems.  Either the data is not collected to
that level of detail, or it is not possible to extract the data using a
computer system in a manner that is ordinarily available to it.

I am satisfied that the Department is not able to produce a written
document containing the information you seek in your request 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 extremely thorough and all reasonable steps have been taken
to locate any document relevant to your request.

4            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 your request and that no documents were in the possession of the
Department on 06/04/2021 when your FOI request was received. As such, I am
refusing your request based on the application of section 24A of the FOI
Act.

5            Legislation

A copy of the FOI Act is available at
[3]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.

6            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: [4][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 Fact Sheet 12 "Freedom of information – Your review rights", available
online at
[5]https://www.oaic.gov.au/freedom-of-infor...

7            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  [6][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.

8            Contacting the FOI Section

Should you wish to discuss this decision, please do not hesitate to
contact the FOI Section at [7][Department of Home Affairs request email].  

Yours sincerely,

Signed electronically

Position number 60120967

Authorised Decision Maker | Freedom of Information Section

FOI and Records Management Branch

Data Division | Strategy and Law Enforcement Group
OFFICIAL

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:[email address]
2. https://immi.homeaffairs.gov.au/visas/wo...
3. https://www.legislation.gov.au/Series/C2...
4. mailto:foi.reviews@
5. https://www.oaic.gov.au/freedom-of-infor...
6. mailto:[email address]
7. mailto:[Department of Home Affairs request email]

OFFICIAL

OFFICIAL

13 April 2021

Jungsik Kim Charlie

BY EMAIL: [FOI #7202 email]

In reply please quote:

FOI Request:      FA 21/04/00158

File Number:      ADF2020/61138

Dear Jungsik Kim Charlie,

Freedom of Information (FOI) request - Access Decision

On 06/04/2021, the Department of Home Affairs (the Department) received a
request for access to documents 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.

You have requested access to the following documents:

EOIs that were issued an invitation to apply for a subclass 190 visa
nominated by the NSW government for the period between 1/01/2020
-06/04/2021, showing:

a. date of invitation

b. ANZSCO code of occupation

c. occupation name

d. total points

e. primary applicant's English proficiency

1            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 documents or to amend or
annotate records.

2            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

3            Document in scope of request

The Department has consulted with the relevant area of the business in
relation to the documents you have requested access to and finds no
relevant document holdings.

Searches

The Department does not hold an existing discrete document that contains
the data you are seeking.

The Department has considered whether it can extract this 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 (Collection Point Pty Ltd v Commissioner of
Taxation [2013] FCAFC 67 [20]).   

The Department’s ordinary use of computer systems includes measures to
provide the public with access to Expression of Interest (EOI) data. The
Department maintains a dashboard on its SkillSelect website to provide
regular updates on EOI data:
[1]https://immi.homeaffairs.gov.au/visas/wo...

To compile the information you have requested into a discrete document
would require that additional and extraordinary measures be undertaken.
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.

The data you have requested is of a detail that cannot be reported on from
the Department’s computer systems.  Either the data is not collected to
that level of detail, or it is not possible to extract the data using a
computer system in a manner that is ordinarily available to it.

I am satisfied that the Department is not able to produce a written
document containing the information you seek in your request 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 extremely thorough and all reasonable steps have been taken
to locate any document relevant to your request.

4            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 your request and that no documents were in the possession of the
Department on 06/04/2021 when your FOI request was received. As such, I am
refusing your request based on the application of section 24A of the FOI
Act.

5            Legislation

A copy of the FOI Act is available at
[2]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.

6            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: [3][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 Fact Sheet 12 "Freedom of information – Your review rights", available
online at
[4]https://www.oaic.gov.au/freedom-of-infor...

7            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  [5][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.

8            Contacting the FOI Section

Should you wish to discuss this decision, please do not hesitate to
contact the FOI Section at [6][Department of Home Affairs request email].  

Yours sincerely,

Signed electronically

Position number 60120967

Authorised Decision Maker | Freedom of Information Section

FOI and Records Management Branch

Data Division | Strategy and Law Enforcement Group
OFFICIAL

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. https://immi.homeaffairs.gov.au/visas/wo...
2. https://www.legislation.gov.au/Series/C2...
3. mailto:foi.reviews@
4. https://www.oaic.gov.au/freedom-of-infor...
5. mailto:[email address]
6. mailto:[Department of Home Affairs request email]