UNCLASSIFIED

Our references: FA 14/07/01209; ADF2014/26458

 

Dear Mr Fairless

 

I refer to your recent request made under the Freedom of Information Act
1958 (FOI Act), to the Department of Immigration and Border Protection,
received on Monday 28 July 2014 and seeking access to the following:

 

I request, under the Freedom of Information Act, a copy of any final
document or most recent draft of a document which provides details of the
death or injury of individuals who meet the below criteria:

 

1. individuals who have attempted to arrive in Australia without a visa
via water-based means (for example, by boat or ship) and;

 

2. Of those in criteria 1, those who were "turned back" either by using
the same transport in which they arrived, placing them into a new form of
transport (such as the widely reported "orange boats"), or by transferring
them to another ship owned or operated either by the Australian Government
or another Government (for example, the Sri Lankan Government).

 

This request specifically excludes:

- Incidents which occurred prior to January 2014

 

Where a report exists in the Department's Compliance, Case Management,
Detention and Settlement Portal, I also request any documents (including
images and video) attached to the detailed report

 

I note you have advised that the request will be sent to the Australian
Customs and Border Protection Service (ACBPS). This agency would be the
most appropriate to respond.

 

The Operation Sovereign Borders, Joint Agency Task Force was established
to manage on-water operations and this agency sits within the ACBPS.
Therefore, any request made under the FOI Act to access documents relvant
to their functions are processed by the ACBPS.

 

The Department of Immigration and Border Protection’s role in relation to
asylum seekers commences at the time those individuals are taken into
immigration detention. As you are seeking information about asylum seekers
that were "turned back"  the department would not hold any documents
falling within the scope of your request.

 

In addition, your request identifies the Department's Compliance, Case
Management, Detention and Settlement Portal as a system for which a record
pertaining to your request may exist. No records within the Compliance
Case Management and Detention (CCMD) portal would fall within the scope of
your request. This is because the CCMD portal is a system used by
compliance, case management and detention staff to record and manage their
work. These officers are not involved in any on-water operations,
therefore they would not have recorded any information in the CCMD portal
in relation to the individuals you are seeking information about.

 

In light of the above you may consider withdrawing this FOI request from
the Department of Immigration and Border Proection. To assist the
department in managing its FOI case load please provide your advice on how
you would like to proceed with this request by close of business Monday 4
August 2014.

 

I hope this information is of assistance to you.

 

Yours Sincerely

 

Janelle Raineri

FOI Inbox Manager

FOI & Privacy Policy Section
Parliamentary and Executive Coordination Branch  I  Immigration and Border
Protection Portfolio

E:  [1][email address]

 

 

 

 

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