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IMPORTANT INFORMATION

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OFFICIAL: Sensitive
Personal-Privacy

In reply please quote:
FOI Request: FA 21/11/00251
File Number: OBJ2021/32405

Dear Mukul,

I refer to your email dated 3 November 2021 in which you request access to information held by the Department of Home Affairs (the Department) under the Freedom of Information Act 1982 (the FOI Act).
I am writing to tell you that your request is not valid for the purposes of section 15(2)(b) of the FOI Act, and to provide you with an opportunity to revise your request so that it is a valid request. This is called a ‘request consultation process’. You have 14 days to respond to this notice in one of the ways set out below.

Scope of Request
You have requested access to the following:
I would like to know if it's possible to get the list of all such accredited sponsors and type of visa (Subclass) they sponsor for Australia as of latest or today's date (03-Nov-21).

Clarification of Scope Required
'Accredited Sponsors' can sponsor visa subclasses 482 and 494 only. Please confirm if these are the visa subclasses for which you require the information.
Go to: https://immi.homeaffairs.gov.au/visas/em... for more information.

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 if either (or both) of the following applies:
(a) the work involved in the processing of the request would substantially and unreasonably divert the resources of the Department from its other operations
(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.

Reasons for practical refusal
I do not consider that your request satisfies the requirements of section 15(2)(b) of the FOI Act.
In order for your request to be valid for the purposes of the FOI Act, it must provide such information concerning the documents that you are seeking access to, as is reasonably necessary to enable the Department to identify the documents.
Given the broad nature of the activities undertaken by the Department, I do not consider that you have provided a reasonable description of the documents to which you are seeking access to.
As such, I am satisfied that your request is not valid and a practical refusal reason exists in this request. You have not provided sufficient information concerning the document you are seeking to access, to enable the Department to be able to identify it.

Request Consultation Process
To enable the Department to consider your request for access under the FOI Act, the Department will require sufficient information concerning the specific existing documents you are seeking access to, so as to enable the Department to identify those documents.
You do not necessarily need to be able to identify the exact document you are seeking, but you need to provide the Department with sufficient information to enable us to identify it. Given the very broad nature of the functions that this Department has responsibility for, at a very minimum, we will require advice as to which business areas might hold the documents you are seeking to access. A copy of the Department’s organisation chart is available on the Department’s website here which may assist you with this.
In addition, you may wish to consider providing a timeframe for your request to assist the Department’s officers to reasonably be able to identify the documents you are seeking to access.
You now have an opportunity to revise your request to enable it to proceed.
Your request is currently not a valid request for the purposes of section 15(2)(b) of the FOI Act. As part of this practical refusal consultation, 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, the Department will take no further action with your request.
Contact

Should you wish to revise your request or have any questions in relation to this process, please do not hesitate to 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

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OFFICIAL: Sensitive
Personal-Privacy

Dear Mukul,

Freedom of Information Request -

I refer to your email dated 3 November 2021 in which you requested access to documents held by Department of Home Affairs under the Freedom of Information Act 1982 (the FOI Act).

You specifically requested access to:
I would like to know if it's possible to get the list of all such accredited sponsors and type of visa (Subclass) they sponsor for Australia as of latest or today's date (03-Nov-21).

On 9 November 2021, Department notified you of its intention to refuse your request on the basis that the work involved in processing your request in its current form would substantially and unreasonably divert the resources of Department from its other operations due to its broad nature, size and complexity.

In particular, Department notified you that, within 14 days of receipt of that letter, you must advise Department that:
• you wish to make a revised request; or
• indicate that you do not wish to revise your request; or
• withdraw your request.

The 14 day period has now expired. As such, in accordance with section 24AB(7) of the FOI Act, Department considers that your request has been withdrawn.

If you have any enquiries concerning this matter, please do not hesitate to contact an FOI officer 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

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