Number of “Notice of Intention to consider Cancellation” issued related to Rideshare

Department of Home Affairs did not have the information requested.

Dear Department of Home Affairs,

Please consider this request administratively, alternatively as a request under s17 of the Freedom of Information Act.

I would like to know how many “NOTICE OF INTENTION TO CONSIDER CANCELLATION UNDER SECTION 116 OF THE MIGRATION ACT 1958” have been issued that relate to a visa holder working for “Rideshare”, be that Uber, DiDi or Ola from 1 July 2022 to 27 September 2024.

In one example I’ve seen, the condition breached was 8105 however I’m not sure if there would be others.

Yours faithfully,

Ben Fairless

FOI, Department of Home Affairs

1 Attachment

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Data Access Request, Department of Home Affairs

1 Attachment

OFFICIAL: Sensitive
Personal-Privacy

Dear Ben Fairless,

 

The Department of Home Affairs (the Department) has received your request
for data on 27 September 2024. Your reference number for this request is
DA24/09/00619.  

 

The Department of Home Affairs provides a Data Channel for data requests
such as yours which enables departmental (including the Australian Border
Force) data to be purchased.  While you have lodged a request under the
FOI Act, Section 12(1)(c) of the FOI Act states that a person is not
entitled to access to a document that is available for purchase by the
public in accordance with arrangements made by an agency. As such we
intend to process this request under the Department’s Data Request
process.

 

You can find further information about the Data Channel here: [1]Data
requests (homeaffairs.gov.au)

 

The Department has interpreted your request as follows: 

 

I would like to know how many “NOTICE OF INTENTION TO CONSIDER
CANCELLATION UNDER SECTION 116 OF THE MIGRATION ACT 1958” have been issued
that relate to a visa holder working for “Rideshare”, be that Uber, DiDi
or Ola from 1 July 2022 to 1 September 2024.

 

Please be aware we are only able to provide data for previously completed
months. Data for the current month would be available approximately the
middle of the following month.

 

If we have misinterpreted your request, please let us know by emailing
[2][email address] quoting the above reference
number so we can reassess your request.  

 

Charge for access 

 

The Department has calculated that a charge of $30.00 is required for your
request.  

 

Next Steps 

 

You can now choose to: 

·         pay the attached invoice for your request to proceed; 

·         email [3][email address] to tell us if
your request has been incorrectly interpreted; or 

·         email [4][email address] to tell us if
you wish to withdraw your request. 

 

Your request will not be processed until you take one of these actions.  

 

Please note: if you do not respond by 14 October 2024 your request will be
deemed to be withdrawn.  

 

Financial hardship 

 

If you believe that paying the charge for access would result in financial
hardship to you, you can request a waiver or reduction of the charge.
Please set out the reasons you believe that you would experience financial
hardship and provide supporting evidence.  

 

An example of financial hardship would be when payment of the charge would
leave you unable to provide food, accommodation, clothing, medical
treatment, education or other necessities for yourself or your family, or
other people for whom you are responsible.  

 

Your request for a waiver or reduction of charge will be considered, and a
response sent to you within 30 days. Further information on charges is
available on our webpage: [5]Data requests (homeaffairs.gov.au)

 

Release of requested information 

 

We will try to finalise your request within 30 days of receiving your
payment. If we need to contact you regarding the clarity or size of your
request, we will contact you in writing.  

 

In some circumstances, release of data may be prohibited by legislation
such as the Privacy Act 1988, Australian Border Force Act 2015 and
Migration Act 1958. If we cannot release the requested data due to
restrictions under legislation, we will notify you in writing. If we
cannot provide the data you have requested, we will refund the amount you
have paid.  

 

If you have any feedback about our handling of your data request, please
email [6][email address]

 

Thank you for your data request. I look forward to your response.   

 

Kind regards,

 

 

Paul

Position number: 60176114

FOI Officer  | DataChannel Team

Privacy FOI & Records Management Branch | Legal Group

Department Of Home Affairs

E: [7][email address]

 

 

 

 

Personal-Privacy
OFFICIAL: Sensitive

 

 

show quoted sections

Dear Data Access Request,

I have paid the fee. Receipt number is 47456907736.

Yours sincerely,

Ben Fairless

Department of Home Affairs

1 Attachment

Dear Customer,

Please see attached Receipt for your recent payment.

Important Notice:
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.
Home Affairs respects your privacy and has obligations under the Privacy Act 1988.
The official departmental privacy policy can be viewed on the department's website.

This is a system generated message, please do not reply.

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, the ABF and the National Emergency Management Agency respect your privacy and have obligations under the Privacy Act 1988.

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

Data Access Request, Department of Home Affairs

1 Attachment

OFFICIAL

Dear Ben Fairless,

 

I am writing to notify you of my decision in relation to your data request
DA24/09/00619.

 

The Department of Home Affairs (the Department) has interpreted your
request as follows: 

 

·         Please consider this request administratively, alternatively as
a request under s17 of the Freedom of Information Act.

I would like to know how many “NOTICE OF INTENTION TO CONSIDER
CANCELLATION UNDER SECTION 116 OF THE MIGRATION ACT 1958” have been issued
that relate to a visa holder working for “Rideshare”, be that Uber, DiDi
or Ola from 1 July 2022 to 27 September 2024.

In one example I’ve seen, the condition breached was 8105 however I’m not
sure if there would be others.

 

 

The data you have requested is not captured by the Department’s reporting
systems. The Department is therefore unable to produce the data you have
requested. 

 

The Department is not able to produce the data you have requested. As a
result, I refuse your data request. 

 

Please email [email address]  with the following
information to enable a refund of the charge you have paid to be
processed.  

 

·         Bank Account Name 

·         Bank Account Number 

·         BSB Number  

 

If we have misinterpreted your request or you have any feedback about the
way we have processed your request, please let us know as soon as possible
by emailing [email address]  quoting the above
reference number.

 

Your request has been closed.  

 

 

Kind Regards,

 

Joanne

Position Number: 60183759

Data Channel Officer

Department of Home Affairs

E: [1][email address]

[2]cid:image001.jpg@01DA64B6.82EC4A40

 

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, the ABF and the National Emergency
Management Agency 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

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1. mailto:[email address]

Dear Data Access Request,

Thank you for your email. I will be sending an email from [email address] with the relevant information.

Yours sincerely,

Ben Fairless