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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

Subject: In reply please quote:
FOI Request: FA 23/02/01635
File Number: FA23/02/01635

Dear Arj S,

Acknowledgement of Freedom of Information Access request
This letter acknowledges that on 25 February 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 requesting the following documents.

1. Key Briefs relating to Outcome 2 of Senate Estimates February 2023 2. Key Briefs relating to Outcome 3 of Senate Estimates February 2023.

Your request has been allocated FOI request number FA 23/02/01635. 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 - Geoff
Freedom of Information
Department of Home Affairs

E: [Department of Home Affairs request email]

Personal-Privacy
OFFICIAL: Sensitive

-----Original Message-----
From: Arj S <[FOI #9989 email]>
Sent: 25 February 2023 11:00 PM
To: FOI <[Department of Home Affairs request email]>
Subject: CM: Freedom of Information request - Key Briefs Relating to February 2023 Senate Estimate Hearings

Dear Department of Home Affairs,

I am requesting the following documents.

1. Key Briefs relating to Outcome 2 of Senate Estimates February 2023 2. Key Briefs relating to Outcome 3 of Senate Estimates February 2023

Yours faithfully,

Arj S

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[FOI #9989 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.

hide quoted sections

OFFICIAL

In reply please quote:

FOI Request:           FA 23/02/01635

File Number:           FA23/02/01635      

Dear Arj S

I refer to your email dated 25 February 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:

I am requesting the following documents.

1. Key Briefs relating to Outcome 2 of Senate Estimates February 2023 2.
Key Briefs relating to Outcome 3 of Senate Estimates February 2023.

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 work involved in the processing of the request would
substantially and unreasonably divert the resources of the Department from
its other operations, and accordingly that practical refusal reasons exist
under section 24AA(1)(a)(i) of the FOI Act.

Reasons for practical refusal

The Department has made a preliminary assessment of the documents that
would be captured by your request.

It has taken the Department 60 minutes (1 hour) to identify 38 documents
in scope of your request.

It would take an estimated further 1.5 hours to collate the 38 documents,
including converting each individual document and any attachments into a
format that can be considered for decision making purposes under the FOI
Act. This would include creating a schedule of those documents for the
purposes of assisting with making of a decision on access to those
documents.

The Department has undertaken random sampling of ten documents in scope to
determine the work effort required to complete your request. Sampling
revealed that the average page length of ten documents was 3 pages. If the
Department were to extrapolate this sample out to all 38 documents, there
would be 114 pages for assessment.

The Department would then need to make a decision on access to each of the
38 documents. I estimate that it would take 10 minutes to assess each page
captured by your request (based on an estimate of four minutes for FOI
Section assessment, three minutes for Business Area assessment, and three
minutes for Decision Maker assessment), for a minimum of 19 hours to make
a decision on access to the documents relevant to your request. A further
30 minutes per document would be required to coordinate consultation with
four internal business areas, review resulting feedback, and make
necessary amendments to proposed exemptions, for a minimum of 19 hours
work effort. This work is necessary to decide whether to grant, refuse or
defer access to 38 documents to which your request relates, or to grant
access to edited copies of such documents, and includes the resources that
would have to be used to examine the documents. I estimate that an
additional 2 hours would be required to write and notify you of a decision
on access in your request.

As such, I estimate a minimum of 42.5 hours would be required to process
this request.

I am satisfied that the Department  would be required to divert
significant resources from its current operations in order to make a
decision on access to the documents in scope of your request. This
diversion would result in a significant drain on the resources of the
areas within the Department that would be required to process this
request.

I consider that this would result in this request imposing both a
substantial and an unreasonable diversion of resources of the Department
from its other operations and that a practical refusal reason exists in
relation to this request.

You now have an opportunity to revise your request to enable it to
proceed.

Under section 24AB(6) of the FOI Act, 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, your request will be taken to have been
withdrawn in accordance with section 24AB(7) of the FOI Act.

Contact

Should you wish to revise your request or have any questions in relation
to this process, please do not hesitate to contact Rebecca at
[email address].

Kind regards

Rebecca

Position 60007879

Freedom of Information Section

FOI and Records Management Branch

Legal Group

Department of Home Affairs

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.

OFFICIAL

In reply please quote:

FOI Request: FA 23/02/01635

File Number:  FA23/02/01635

Dear Arj S

I refer to your request to access documents under the Freedom of
Information Act 1982 (the FOI Act), which the Department of Home Affairs
(the Department) received on 25 February 2023.

As provided under section 29 of the Freedom of Information Act 1982 (the
FOI Act) and the Freedom of Information (Charges) Regulations 1982 (the
Regulations), I have determined that payment is required for this request
to be processed.

Preliminary assessment of charges

I have assessed the work the Department would need to do to process your
request, taking into account the time that would be spent by the relevant
business areas in searching for and retrieving documents and assessing the
documents for release. I have calculated the charge as follows:

Search and retrieval: (1 hour @ $15 per hour) = $15.00

Decision making: (9 hours 39 minutes @ $20 per hour) = $193.00

(no charges are applied for the first five hours of decision-making)

Total: $208.00

(charge has been rounded down to the nearest whole dollar amount)

Next steps

Within 30 days of this email you must:

•      pay the charge or optional deposit indicated in the attached
invoice for your request to proceed, and/or

•      write to the Department if you believe the charge has been wrongly
assessed, should be reduced or not imposed, or

•      withdraw your request.

Your request will not be processed until you take one of these actions.
Your request will be withdrawn if you do not take action with 30 days.

Option 1: Pay the charge or an optional deposit

You can either pay the full amount now, or a deposit of $52.00.

You will receive a final notice of charges once the Department has made
its decision on your access request. No documents will be released to you
until you have paid any outstanding charges.

If the Department does not make a decision on your request within the
statutory time limit, we will refund your payment.

Details of how to pay are contained in the attached invoice.

Option 2: Write to the Department to contend charges are incorrect or
should be waived or reduced

You can contest the charge on the grounds that the charge was not properly
calculated, or:

•          that payment of the charge, or part of it, would cause you
financial hardship

•          that giving access to the documents is in the general public
interest, or in the interest of a substantial section of the public.

This is not an exhaustive list and the Department may consider any other
relevant matters.

Please set out your reasons as clearly as possible and provide supporting
evidence.

The Department has a statutory timeframe of 30 days from the date of your
response to make a decision to reduce or not impose a charge. We will
notify you of our charges decision in writing.

You may still dispute the charge if you have paid the charge or a deposit.
If the Department agrees to reduce or waive the charge, and the final
charge amount is less than the amount you have paid, we will issue you
with a refund.

Option 3: Withdraw your request

To withdraw your request, please send an email to
[1][Department of Home Affairs request email] or reply to this email stating that you wish to
withdraw the request.

If you withdraw your request, we will close your request and no charges
will be incurred.

Timeframe for your response

You must respond to this notice within 30 days, which is by Thursday, 13
April 2023.

If you do not provide a written response within this timeframe your
request will be deemed withdrawn under section 29(2) of the Act. No
charges will be incurred.

Legislation and further information

A copy of the FOI Act is available at
[2]https://www.legislation.gov.au/Series/C2...

Information about how we calculate charges can be seen at: [3]We consider
your Freedom of Information request (homeaffairs.gov.au)

The Office of the Australian Information Commissioner also provides
information about charging at: [4]What charges may apply? - Home
(oaic.gov.au)

Contact

Please contact [5][Department of Home Affairs request email] if you have any questions about
this notice.

Yours sincerely,

[electronically signed]

Lynette

Position number: 60025562

Authorised FOI Officer

Freedom of Information Section

FOI and Records Management Branch | Legal Group

Department of Home Affairs

E: [6][Department of Home Affairs request email]

[7]cid:image001.png@01D8B643.CCD9CEC0

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. https://www.legislation.gov.au/Series/C2...
3. https://www.homeaffairs.gov.au/access-an...
4. https://www.oaic.gov.au/freedom-of-infor...
5. mailto:[Department of Home Affairs request email]
6. mailto:[Department of Home Affairs request email]

OFFICIAL: Sensitive
Personal-Privacy

Dear Arj S

Freedom of Information (FOI) request – Notice of charge decision under
section 29(8) of FOI Act following applicant contention that charge be
reduced or not imposed

On 25 February 2023, the Department of Home Affairs (the Department)
received a request for access to documents under the Freedom of
Information Act 1982 (the FOI Act).

On 14 March 2023, the Department wrote to you to advise you that it has
made a preliminary assessment that you were liable to pay a charge for the
processing of this FOI request. On 13 April 2023, you requested the
Department waive or reduce the charge.

The purpose of the attached letter is to provide the decision of the
Department in response to your request for a waiver.

Yours sincerely

Electronically signed

Susan

FOI Case Officer Position Number: 60156398

Freedom of Information Section
FOI & Records Management Branch | Legal Group
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.  

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

References

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

OFFICIAL

13 June 2023

Arj S

BY EMAIL:  [FOI #9989 email]

In reply please quote:

FOI Request:           FA 23/02/01635

File Number:           FA23/02/01635     

Dear Arj S

I refer to your email dated 25 February 2023 in which you request access
to documents held by the Department of Home Affairs (Department) under the
Freedom of Information Act 1982 (the FOI Act).

You have requested access to:

1. Key Briefs relating to Outcome 2 of Senate Estimates February 2023 2.
Key Briefs relating to Outcome 3 of Senate Estimates February 2023.

On 11 May 2023, the Department notified you of the decision to refuse your
request to waive the charge of $208. 

In particular, Department notified you that, within 30 days of receipt of
that letter, you must either:

·       agree to pay the charge; or

·       seek a review of the waiver decision

The thirty (30) day period has now expired and the Department does not
appear to have heard from you in response to that notice.  As such, in
accordance with section 29 of the FOI Act, the Department considers that
your request has been refused.

If you have any enquiries concerning this matter, please do not hesitate
to contact me on [Department of Home Affairs request email].

[Signed Electronically]

Elaine - position 60097486

Freedom of Information

Department of Home Affairs

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.