** This is an automated response. Please do not reply to this email **

 

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

28 November 2022

Oliver Smith

BY EMAIL:  [FOI #9610 email]

In reply please quote:

FOI Request:         FA 22/11/01372

File Number:          FA22/11/01372

 

Dear Oliver Smith

I refer to your email dated 25 November 2022, 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:

Under the Freedom of Information Act 1982 (FOI Act), I am seeking access
to ministerial brief and all other relevant department advice to the
Minister for Immigration, Citizenship and Multicultural Affairs and his
office in relation to the issue of Novak Djokovic and options regarding
his entry into Australia..

Intention to refuse request

I am writing to advise 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 request does not satisfy the requirements of section
15(2)(b) of the FOI Act, and accordingly that practical refusal reasons
exist under section 24AA(1)(b) of the FOI Act.

 

Reasons for practical refusal

 

The Department has considered the scope of this request and its capacity
to conduct searches of relevance based on the current scope. The Freedom
of Information Act 1982 provides a right to obtain access to “a document
of an agency”. It is my preliminary view that your request, in its current
form, does not satisfy the requirement in section 15(2)(b) of the FOI Act
and is therefore not valid.

 

In consideration of the above, I am satisfied that the Department is
currently unable to identify documents of relevance based on the
information provided in scope. I consider that this would result in the
decision maker being unable to certify that all relevant documents have
been provided and considered in the assessment of this request and that a
practical refusal reason exists in relation to this request.

 

As such, I am satisfied that your request is not valid and a practical
refusal reason exists in this request.

 

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

 

Providing the following information would assist the Department with
searches; 

 

·         A specific date or timeframe. For example, 1 June 2022 to 30
June 2022, or as at 30 September 2022. Are you referring to documents of
last summer or to the more recent decision regarding the next summer?

 

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
[1][Department of Home Affairs request email]. 

 

Kind regards

 

FOI Officer - Jade

Freedom of Information

Department of Home Affairs

E: [2][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]
2. mailto:[Department of Home Affairs request email]

OFFICIAL: Sensitive
Personal-Privacy

In reply please quote:
FOI Request: FA 22/11/01372
File Number: FA22/11/01372

Dear Oliver Smith

Acknowledgement of Freedom of Information Access request

This letter acknowledges that on 25 November 2022 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

On 25 November 2022 you requested access to the following:

Under the Freedom of Information Act 1982 (FOI Act), I am seeking access to ministerial brief and all other relevant department advice to the Minister for Immigration, Citizenship and Multicultural Affairs and his office in relation to the issue of Novak Djokovic and options regarding his entry into Australia

On 30 November 2022 you amended the scope of your request to:

Under the Freedom of Information Act 1982 (FOI Act), I am seeking access to ministerial brief and all other relevant department advice to the Minister for Immigration, Citizenship and Multicultural Affairs and his office in relation to the issue of Novak Djokovic and options regarding his entry into Australia.

I am seeking documents in my original request covering the period 22 May 2022 to the time this application is actioned.
Your request has been allocated FOI request number FA 22/11/01372. 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 - Jade
Freedom of Information
Department of Home Affairs
E: [Department of Home Affairs request email]

-----Original Message-----
From: Oliver Smith <[FOI #9610 email]>
Sent: Wednesday, 30 November 2022 11:25 AM
To: FOI <[Department of Home Affairs request email]>
Subject: CM: Re: FA 22/11/01372 Practical Refusal Notice [SEC=OFFICIAL:Sensitive, ACCESS=Personal-Privacy]

Dear FOI,

Thank you for your email. If I am to understand your letter, you require a specific time frame for the documents I am seeking. I apologise for not including that in my initial request. I am seeking documents in my original request covering the period 22 May 2022 to the time this application is actioned.

Yours sincerely,

Oliver Smith

-----Original Message-----

OFFICIAL: Sensitive

Personal-Privacy

28 November 2022

Oliver Smith

BY EMAIL:  [FOI #9610 email]

In reply please quote:

FOI Request:         FA 22/11/01372

File Number:          FA22/11/01372

 

Dear Oliver Smith

I refer to your email dated 25 November 2022, 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:

Under the Freedom of Information Act 1982 (FOI Act), I am seeking access

to ministerial brief and all other relevant department advice to the

Minister for Immigration, Citizenship and Multicultural Affairs and his

office in relation to the issue of Novak Djokovic and options regarding

his entry into Australia..

Intention to refuse request

I am writing to advise 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 request does not satisfy the requirements of section

15(2)(b) of the FOI Act, and accordingly that practical refusal reasons

exist under section 24AA(1)(b) of the FOI Act.

 

Reasons for practical refusal

 

The Department has considered the scope of this request and its capacity

to conduct searches of relevance based on the current scope. The Freedom

of Information Act 1982 provides a right to obtain access to “a document

of an agency”. It is my preliminary view that your request, in its current

form, does not satisfy the requirement in section 15(2)(b) of the FOI Act

and is therefore not valid.

 

In consideration of the above, I am satisfied that the Department is

currently unable to identify documents of relevance based on the

information provided in scope. I consider that this would result in the

decision maker being unable to certify that all relevant documents have

been provided and considered in the assessment of this request and that a

practical refusal reason exists in relation to this request.

 

As such, I am satisfied that your request is not valid and a practical

refusal reason exists in this request.

 

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 now have an opportunity to revise your request to enable it to

proceed.

 

Providing the following information would assist the Department with

searches; 

 

·         A specific date or timeframe. For example, 1 June 2022 to 30

June 2022, or as at 30 September 2022. Are you referring to documents of

last summer or to the more recent decision regarding the next summer?

 

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

[1][Department of Home Affairs request email]. 

 

Kind regards

 

FOI Officer - Jade

Freedom of Information

Department of Home Affairs

E: [2][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]

2. mailto:[Department of Home Affairs request email]

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

Please use this email address for all replies to this request:

[FOI #9610 email]

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.

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

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.

hide quoted sections

OFFICIAL: Sensitive
Personal-Privacy

In reply please quote:

FOI Request:    FA 22/11/01372

File Number:     FA22/11/01372

 

Dear Oliver Smith

I refer to your request received on 25 November 2022 for access to
documents under the FOI Act. 

The current due date for your request is 28 December 2022. 

In order for the Department to complete the process of retrieving all the
documents that fall within the scope of your request the Department will
require additional time to process your request.

The Department seeks your agreement under section 15AA of the FOI Act to
extend the timeframe for the processing of your request by 30 days.  This
would extend the due date for your request to Friday 27 January 2023. 

It would assist the Department in managing its FOI caseload if you could
provide a response to this request by close of business, Friday 16
December 2022

If you wish to discuss this matter further, please do not hesitate to
contact me on the details below.

 

Kind regards

 

FOI Officer - Jade

Freedom of Information

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

Dear Oliver Smith

 

FOI request FA 22/11/01372

 

I refer to your FOI request received on 25 November 2022, seeking access
to the following:

Original scope
Under the Freedom of Information Act 1982 (FOI Act), I am seeking access
to ministerial brief and all other relevant department advice to the
Minister for Immigration, Citizenship and Multicultural Affairs and his
office in relation to the issue of Novak Djokovic and options regarding
his entry into Australia.

I am seeking documents in my original request covering the period 22 May
2022 to the time this application is actioned.

Revised scope
Only any Ministerial Brief in relation the issue of Novak Djokovic and
options regarding his entry into Australia..

 

The Department has made a decision on this request. Please find attached
the decision record and documents released under the FOI Act.

 

This request has now been closed.

 

Regards

 

 

 

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

 

OFFICIAL

 

 

From: FOI
Sent: Friday, 27 January 2023 3:44 PM
To: '[FOI #9610 email]'
<[FOI #9610 email]>
Subject: FOI request FA 22/11/01372 [SEC=OFFICIAL]

 

OFFICIAL

Dear Oliver Smith

 

FOI request FA 22/11/01372

 

I refer to your FOI request received on 25 November 2022, seeking access
to the following:

Original scope
Under the Freedom of Information Act 1982 (FOI Act), I am seeking access
to ministerial brief and all other relevant department advice to the
Minister for Immigration, Citizenship and Multicultural Affairs and his
office in relation to the issue of Novak Djokovic and options regarding
his entry into Australia.

I am seeking documents in my original request covering the period 22 May
2022 to the time this application is actioned.

Revised scope
Only any Ministerial Brief in relation the issue of Novak Djokovic and
options regarding his entry into Australia..

 

The Department has made a decision on this request. Please find attached
the decision record and documents released under the FOI Act.

 

This request has now been closed.

 

Regards

 

Vythees - Position Number: 60141911

Senior FOI Officer | Freedom of Information Section

FOI & Records Management Branch | Legal Grouop

Department of Home Affairs  | www.homeaffairs.gov.au

Email: [Department of Home Affairs request email]

 

 

 

 

 

 

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.