Operation Sovereign Borders
Dear Australian Border Force,
Under the FOI Act, I seek documents relating to the progress and effectiveness of Operation Sovereign Borders (OSB). In particular, I would like to request documents relating to the number of border turn-backs; the number of migrants detained due to violations of OSB; the current progress of immigrant resettlement programs into third countries; and the overall effectiveness of the program, such as annual reports. I believe that such information is in the public interest, due to the amount of secrecy surrounding OSB by the previous Liberal-National Government.
Yours faithfully,
Alex Sullivan
** This is an automated response. Please do not reply to this email **
IMPORTANT INFORMATION
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Information updated 11 January 2022
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OFFICIAL: Sensitive
Personal-Privacy
8 December 2022
Alex Sullivan
BY EMAIL: [FOI #9654 email]
In reply please quote:
FOI Request: FA 22/12/00226
File Number: FA22/12/00226
Dear Alex Sullivan
I refer to your email dated 5 December 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 FOI Act, I seek documents relating to the progress and effectiveness of Operation Sovereign Borders (OSB). In particular, I would like to request
1) documents relating to the number of border turn-backs;
2) the number of migrants detained due to violations of OSB;
3) the current progress of immigrant resettlement programs into third countries; and
4) the overall effectiveness of the program, such as annual reports.
I believe that such information is in the public interest, due to the amount of secrecy surrounding OSB by the previous Liberal-National Government.
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.
Please note the following with regards to the relevant parts of your request.
1. documents relating to the number of border turn-backs;
This information is publicly available on the ABF Newsroom website https://www.abf.gov.au/sitenewsroom. Section 12(1)(b) provides that a person is not entitled to obtain access if a document is open for the public to access as part of a public register. Point 1 will not be processed as part of this request
2. the number of migrants detained due to violations of OSB;
A person cannot be found in violation of Operation Sovereign Borders. The power to detain must extend from Law or Legislative instrument. The Department will require your assistance to clarify this part of your request. For example, the number of IMA’s detained through OSB activities.
3. the current progress of immigrant resettlement programs into third countries; and
This is too broad as it does not clearly define a document type (such as an annual report, or review paper) and a search for this part of your request would likely return thousands of results. FOI and the relevant business area will require your assistance to narrow down the scope of your request due to its broad nature and the amount of Departmental resources involved in processing this request. It would assist with searches if you could please nominate (list) the third countries referred to.
4. the overall effectiveness of the program, such as annual reports.
This is too broad also, as annual report is listed as an example and not a criteria of reduction. A search for ‘the overall effectiveness of the program’ would likely return thousands of results. FOI and the relevant business area will require your assistance to narrow down the scope of your request due to its broad nature and the amount of Departmental resources involved in processing this request.
It would assist with searches if you could please specify the program referred to.
In addition, the Department’s annual reports are publicly available at https://www.homeaffairs.gov.au/reports-a.... Section 12(1)(b) provides that a person is not entitled to obtain access if a document is open for the public to access as part of a public register.
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.
To assist with searches, please narrow your request by;
• Providing a specific time period. For example, 1 June 2022 to 30 June 2022, or as at 30 September 2022.
• Limiting the search to finalised documents.
• Limiting the search to reviews or assessment outcome documents.
Please note that if you require data as at the date your request was received, 5 December 2022, the Department will be able to process your request to the nearest completed reporting milestone, which is to the end of October 2022.
If you would prefer to withdraw your request and resubmit it when the full December 2022 data set is available in mid-January 2023, please advise the Department via return email.
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 [ABF request email].
Kind regards
FOI Officer - Jade
Freedom of Information
Department of Home Affairs
E: [ABF request email]
Personal-Privacy
OFFICIAL: Sensitive
-----Original Message-----
From: Alex Sullivan <[FOI #9654 email]>
Sent: Monday, 5 December 2022 10:49 PM
To: FOI <[ABF request email]>
Subject: CM: Freedom of Information request - Operation Sovereign Borders
Dear Australian Border Force,
Under the FOI Act, I seek documents relating to the progress and effectiveness of Operation Sovereign Borders (OSB). In particular, I would like to request documents relating to the number of border turn-backs; the number of migrants detained due to violations of OSB; the current progress of immigrant resettlement programs into third countries; and the overall effectiveness of the program, such as annual reports. I believe that such information is in the public interest, due to the amount of secrecy surrounding OSB by the previous Liberal-National Government.
Yours faithfully,
Alex Sullivan
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #9654 email]
Is [ABF request email] the wrong address for Freedom of Information requests to Australian Border Force? 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.
Dear FOI,
I would like to withdraw my request. I have now realised that much of the requested information is already publicly available.
Yours sincerely,
Alex Sullivan
OFFICIAL: Sensitive
Personal-Privacy
In reply please quote:
FOI Request: FA 22/12/00226
File Number: FA22/12/00226
Dear Alex Sullivan
This email is to confirm that your FOI request has been withdrawn as per your email dated 15 December 2022.
Kind regards
FOI Officer - Jade
Freedom of Information
Department of Home Affairs
E: [ABF request email]
Personal-Privacy
OFFICIAL: Sensitive
-----Original Message-----
From: Alex Sullivan <[FOI #9654 email]>
Sent: Thursday, 15 December 2022 7:53 PM
To: FOI <[ABF request email]>
Subject: CM: Re: FA 22/12/00226 Practical Refusal Notice [SEC=OFFICIAL:Sensitive, ACCESS=Personal-Privacy]
Dear FOI,
I would like to withdraw my request. I have now realised that much of the requested information is already publicly available.
Yours sincerely,
Alex Sullivan
-----Original Message-----
OFFICIAL: Sensitive
Personal-Privacy
8 December 2022
Alex Sullivan
BY EMAIL: [FOI #9654 email]
In reply please quote:
FOI Request: FA 22/12/00226
File Number: FA22/12/00226
Dear Alex Sullivan
I refer to your email dated 5 December 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 FOI Act, I seek documents relating to the progress and effectiveness of Operation Sovereign Borders (OSB). In particular, I would like to request
1) documents relating to the number of border turn-backs;
2) the number of migrants detained due to violations of OSB;
3) the current progress of immigrant resettlement programs into third countries; and
4) the overall effectiveness of the program, such as annual reports.
I believe that such information is in the public interest, due to the amount of secrecy surrounding OSB by the previous Liberal-National Government.
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.
Please note the following with regards to the relevant parts of your request.
1. documents relating to the number of border turn-backs;
This information is publicly available on the ABF Newsroom website https://www.abf.gov.au/sitenewsroom. Section 12(1)(b) provides that a person is not entitled to obtain access if a document is open for the public to access as part of a public register. Point 1 will not be processed as part of this request
2. the number of migrants detained due to violations of OSB;
A person cannot be found in violation of Operation Sovereign Borders. The power to detain must extend from Law or Legislative instrument. The Department will require your assistance to clarify this part of your request. For example, the number of IMA’s detained through OSB activities.
3. the current progress of immigrant resettlement programs into third countries; and
This is too broad as it does not clearly define a document type (such as an annual report, or review paper) and a search for this part of your request would likely return thousands of results. FOI and the relevant business area will require your assistance to narrow down the scope of your request due to its broad nature and the amount of Departmental resources involved in processing this request. It would assist with searches if you could please nominate (list) the third countries referred to.
4. the overall effectiveness of the program, such as annual reports.
This is too broad also, as annual report is listed as an example and not a criteria of reduction. A search for ‘the overall effectiveness of the program’ would likely return thousands of results. FOI and the relevant business area will require your assistance to narrow down the scope of your request due to its broad nature and the amount of Departmental resources involved in processing this request.
It would assist with searches if you could please specify the program referred to.
In addition, the Department’s annual reports are publicly available at https://www.homeaffairs.gov.au/reports-a.... Section 12(1)(b) provides that a person is not entitled to obtain access if a document is open for the public to access as part of a public register.
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.
To assist with searches, please narrow your request by;
• Providing a specific time period. For example, 1 June 2022 to 30 June 2022, or as at 30 September 2022.
• Limiting the search to finalised documents.
• Limiting the search to reviews or assessment outcome documents.
Please note that if you require data as at the date your request was received, 5 December 2022, the Department will be able to process your request to the nearest completed reporting milestone, which is to the end of October 2022.
If you would prefer to withdraw your request and resubmit it when the full December 2022 data set is available in mid-January 2023, please advise the Department via return email.
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 [ABF request email].
Kind regards
FOI Officer - Jade
Freedom of Information
Department of Home Affairs
E: [ABF request email]
Personal-Privacy
OFFICIAL: Sensitive
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #9654 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.
-------------------------------------------------------------------
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.