Subclass 820/801 Cancellation

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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

Invoice Request DA 24 04 00244 Kevin.pdf

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OFFICIAL: Sensitive
Personal-Privacy

Dear Kevin,

The Department of Home Affairs (the Department) has received your request
for data on 19 April 2024. Your reference number for this request is
DA24/04/00244.

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
unless you respond to this correspondence requesting a decision on your
request under the FOI Act.

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

The Department has interpreted your request as follows:

Number of visas pertaining to subclass 820/801/ or 309/100 or equivalent
since 2005 have been cancelled after grant for reasons of sponsored spouse
not being in a genuine marriage or de facto relationship with the
Australian citizen/permanent resident spouse. (Please do not factor in any
other reason for cancellation such as failing character test).

For clarity, cancelled above means : Visa holder has exhausted all legal
pathways to have the decision overturned( including all appeals) and the
matter has attained finality.

If possible, please list the nationality of the visa holders who visa has
been cancelled per above definition.

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 6 May 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

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

Visible links
1. https://www.homeaffairs.gov.au/access-an...
2. mailto:[email address]
3. mailto:[email address]
4. mailto:[email address]
5. https://www.homeaffairs.gov.au/access-an...
6. mailto:[email address]
7. mailto:[email address]

OFFICIAL: Sensitive
Personal-Privacy

Dear Kevin,

Section 12(1)(c) of the Freedom of Information Act 1982 (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.

The Department of Home Affairs now provides a Data Channel for data requests which enables data about the Departmental and Australian Border Force to be purchased. You can access the Data Channel here: https://www.homeaffairs.gov.au/access-an...

As the Department has arrangements in place for you to purchase the data you have requested, you are no longer entitled to access the information you are seeking to access under the FOI Act. Please advise if you wish to continue with your data request of if you wish to withdraw your request?

The Department’s data request process operates as a non-statutory fee for service function. More information is on the website here: Data requests https://www.homeaffairs.gov.au/access-an...

There is no fee to submit a request in this process. Once the scope of the request is reviewed, the Department charges $30 per part.  

Fees are calculated based on the number of parts a request contains, which is determined by: 

The number of different areas within the Department that would be engaged to respond to your request. 

Whether the data you have requested is stored in one system or can only be obtained from multiple sources . Whether there is a connection between the different data/statistics you have requested, for example if your request relates to many different topics or subclasses, it may be assessed as having multiple parts. 

Applicants may request a waiver or reduction of charges associated with a data request on the grounds of financial hardship or other circumstances.  

In terms of FOI requests, under section 12 of the Act a person is not entitled to a document that is available for purchase by the public in accordance with arrangements made by an agency.  

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 business days. Further information on charges is available on our webpage: Data requests https://www.homeaffairs.gov.au/access-an....

Kind Regards,

Joanne
Position Number: 60183759
Data Channel Officer
Department of Home Affairs
E: [email address]

Personal-Privacy
OFFICIAL: Sensitive

-----Original Message-----
From: japan_expat <[FOI #11341 email]>
Sent: Friday, 3 May 2024 5:21 PM
To: Data Access Request <[email address]>
Subject: Re: Invoice for data request: DA24/04/00244. Payment due 6 May 2024 [SEC=OFFICIAL:Sensitive, ACCESS=Personal-Privacy]

Dear Paul,

Thank you for your email. Please process this request under FOI request and not under Data request process. Please provide a waiver of $30 fee.

Yours sincerely,

japan_expat

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

OFFICIAL: Sensitive

Personal-Privacy

Dear Kevin,

The Department of Home Affairs (the Department) has received your request

for data on 19 April 2024. Your reference number for this request is

DA24/04/00244.

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

unless you respond to this correspondence requesting a decision on your

request under the FOI Act.

You can find further information about the Data Channel here: [1]Data

requests (homeaffairs.gov.au)

The Department has interpreted your request as follows:

Number of visas pertaining to subclass 820/801/ or 309/100 or equivalent

since 2005 have been cancelled after grant for reasons of sponsored spouse

not being in a genuine marriage or de facto relationship with the

Australian citizen/permanent resident spouse. (Please do not factor in any

other reason for cancellation such as failing character test).

For clarity, cancelled above means : Visa holder has exhausted all legal

pathways to have the decision overturned( including all appeals) and the

matter has attained finality.

If possible, please list the nationality of the visa holders who visa has

been cancelled per above definition.

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 6 May 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

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

Visible links

1. https://www.homeaffairs.gov.au/access-an...

2. mailto:[email address]

3. mailto:[email address]

4. mailto:[email address]

5. https://www.homeaffairs.gov.au/access-an...

6. mailto:[email address]

7. mailto:[email address]

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[FOI #11341 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:

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OFFICIAL

Dear Kevin

I am writing to notify you of my decision in relation to your data request
DA24/04/00244.

The Department of Home Affairs (the Department) has not received a
response, or payment of the invoice issued to you with the acknowledgment
of your data request. As advised in the options that were provided, the
Department must receive a response with 14 days or your request is closed
in all departmental systems.

Your request has now been closed and the invoice cancelled. Please do not
attempt to pay the invoice.

Should you wish to resubmit your data request please visit our Data
Request webpage at:
[1]https://www.homeaffairs.gov.au/access-an...

Kind regards,

Terase

Position Number: 60097486

Data Channel Team

FOI & Records Management Branch | Legal Group

Department of Home Affairs

E: [2][email address]

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

Visible links
1. https://www.homeaffairs.gov.au/access-an...
2. mailto:[email address]

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