UNCLASSIFIED

Our references: FA 15/07/01497; ADF2015/39044

 

Dear Pep Jan

 

I am writing to you in response to your email dated 20 July 2015,
purportedly under the Freedom of Information Act 1982 (the Act) and asking
that the Department of Immigration and Border Protection (the Department)
provide you with a copy of the following document:

 

I would like to request a Modified Non-Return Rate report that shows the
visa overstay statistics by nationality for 2014 and if available for the
first quarter of 2015.

 

The purpose of this email is to advise you that I consider the request may
be invalid under the Act.  I will explain my reasons in full below.

 

Requirements of the Act

 

The requirements for a valid FOI request are set out in section 15(2) of
the Act, which provides that:

 

The request must:

 

(a)  be in writing; and

 

(aa) state that the request is an application for the purposes of this
Act; and

 

(b) provide such information concerning the document as is reasonably
necessary to enable a responsible officer of the agency, or the Minister,
to identify it; and

 

(c) give details of how notices under this Act may be sent to the
applicant (for example, by providing an electronic address to which
notices may be sent by electronic communication).

 

The Act envisages that an agency and the applicant will, where necessary
and appropriate, engage in dialogue about the request.  The Act also
envisages that there may be instances when an agency will wish to send a
formal legal notice to an applicant, for example, when the agency believes
that it would be a substantial and unreasonable diversion of resources to
process the request or intends to charge the applicant for processing the
request.  In addition, the Act provides applicants with review rights
which are activated by the act of the agency ‘notifying’ the applicant of
the decision.

 

In order to engage in this dialogue, the applicant must provide an address
through which the applicant intends to be contactable.  It should be an
address through which the agency will be able to write to the applicant
and receive a response to the communication.  It must also be an address
through which the agency can reasonably assume that legal notices will be
received, read and responded to by the applicant.  This requirement has
been an element of a valid FOI request since the Act was first enacted in
1982.

 

Issues regarding your request

 

I am not satisfied that the web address you have provided meets the
requirement of ‘details of how notices under this Act may be sent to the
applicant’ (s.15(2)(c) of the Act).  In particular, it does not appear to
be an address to which the agency could send a ‘notice’.  The address you
have provided appears to be an address for publication of correspondence
on the internet.

 

Next steps

 

Please confirm by writing to [1][email address] that the web address you
have provided is an address to which the Department can send you notices,
by close of business 29 July 2015.  The request will then be validated.

 

Alternatively you may nominate a separate address for the purpose of the
Department issuing you with a ‘notice’ under the Act.

 

If you have not provided confirmation by that time, the request will be
closed as invalid.

 

Access to published statistics

You may not be aware that the Department routinely publishes a number of
statistical and research reports. These can be found at
[2]http://www.border.gov.au/about/reports-p....

 

 

Yours sincerely

 

 

 

FOI Helpdesk | FOI Section

Access to Information | Information Management Task Force

Corporate Group

Department of Immigration and Border Protection

E: [3][email address]

 

UNCLASSIFIED

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. 
DIBP respects your privacy and has 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. http://www.border.gov.au/about/reports-p...
3. mailto:[email address]

UNCLASSIFIED

Our references: FA 15/07/01497; ADF2015/39044

 

Dear Pep Jan

 

Please find attached the acknowledgement of receipt for your recent FOI
Request. 

 

Exclusion of non-SES staff personal details and SES telephone contact
details

The Department’s policy is to exclude the personal details of officers not
in the Senior Executive Service (SES), as well as the mobile and work
telephone numbers of SES staff, contained in documents that fall within
scope of an FOI request. If you require names and contact details of
non-SES officers, or direct telephone numbers 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.

 

Yours sincerely

 

 

FOI Helpdesk | FOI Section

Access to Information | Information Management Task Force

Corporate Group

Department of Immigration and Border Protection

E: [1][email address]

 

UNCLASSIFIED

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. 
DIBP respects your privacy and has 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]

UNCLASSIFIED

Our references: FA 15/07/01497; ADF2015/39044

 

Dear Pep Jan,

 

I refer to your FOI request received on 20 July 2015, seeking access to
the following:

 

I would like to request a Modified Non-Return Rate report that shows the
visa overstay statistics by nationality for 2014 and if available for the
first quarter of 2015.

 

I have made a decision on this request. Please see attached my signed
decision letter.

 

This request has now been closed.

 

Yours sincerely

 

 

 

Shannon Bevan

FOI Officer | Freedom of Information Section

Department of Immigration and Border Protection

E: [email address]

 

UNCLASSIFIED

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. 
DIBP respects your privacy and has obligations under the Privacy Act 1988.
 

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