The Revised Citizenship Procedural Instructions first version

Response to this request is delayed. By law, Department of Home Affairs should normally have responded promptly and by (details)

Dear Department of Home Affairs,

Under the FOI Act, I seek a copy of "The Revised Citizenship Procedural Instructions" that is provided to members of the AAT to assist them adjudicating in matters. I seek the the first version of this document that was produced after Ministerial Direction 99 came into effect on 23 January 2023 and that advises AAT members how to interpret Ministerial Direction 99.

Yours faithfully,

Oliver Smith

FOI, Department of Home Affairs

1 Attachment

 

[1]Australian Government Department of Home Affairs logo

 

IMPORTANT INFORMATION

Your email has been received by the Department of Home Affairs’ (the
Department) Freedom of Information (FOI) section.

If you have lodged a request for access to documents or amendment to
information, you will receive an acknowledgement letter within 14 days.

If your email relates to other matters then please contact the relevant
area of the Department or review the frequently asked questions below. The
mailbox is unable to respond to visa and citizenship status updates or
questions. If your query is answered by this information you will not
receive another response to your email.

Please see our website for more information on submitting a valid request
for access to information. [2]Freedom of information (homeaffairs.gov.au)

Frequently Asked Questions

Your Query General Information
If you applied [4]Our online services (homeaffairs.gov.au)
online, you can
check your visa [5]Ceremony wait times (homeaffairs.gov.au)
application status
in [3]ImmiAccount.
I want to access [6]Check visa details and conditions
my visa details (homeaffairs.gov.au)
I want to apply [7]Applying online in ImmiAccount
for a visa to (homeaffairs.gov.au)
Australia
My visa has [8]Your visa is expiring or has expired
expired (homeaffairs.gov.au)
I want to apply [9]Become a citizen (homeaffairs.gov.au)
for Australian
Citizenship or [10]Evidence of citizenship and certificates Change
access/amend my a citizenship certificate (homeaffairs.gov.au)
citizenship
details  
I want my travel [11]Requesting travel records (homeaffairs.gov.au)
records in and out
of Australia
I am having Use our [12]technical guide to troubleshoot in
technical problems [13]ImmiAccount.
lodging an
application If you are still unable to resolve your issue submit
the [14]ImmiAccount Technical Support Form
I wish to provide Provide information by [15]ImmiAccount. After you
information about submit your application, use [16]ImmiAccount to:
a visa application
or provide ·        apply for a bridging visa
information about
changes to my ·        access the My Health Declarations service
situation
·        attach documents to your online application
 
·        check the progress of your application

·        update your passport or address details

·        notify of incorrect information in your
application

Further details and instructions refer to
[17]ImmiAccount Help & Support

[18]Changes in your situation (homeaffairs.gov.au)
I have made an If you have been sent a request letter to complete
appointment for a health but are experiencing delays you can attach
health examination details of your appointment to [19]ImmiAccount. 
I want to withdraw [20]You want to withdraw an application
my visa or (homeaffairs.gov.au)
citizenship
application
I want to update [21]Changes in your situation (homeaffairs.gov.au)
my address,
contact or
passport details
Can my visa fee be Refunds can only be made in very limited
refunded? circumstances governed by legislation. 

For further information see  [22]Getting a refund
(homeaffairs.gov.au)
Visa eligibility Information on [23]visa options is available on the
query Department’s website.
Since my visa was [24]Changes in your situation (homeaffairs.gov.au)
granted I have had
a child born in
Australia
I want to lodge Find out how to provide [25]Compliments, complaints
feedback about a and suggestions
Department service

 

 

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
2. https://www.homeaffairs.gov.au/access-an...
3. https://online.immi.gov.au/ola/app
4. https://immi.homeaffairs.gov.au/help-sup...
5. https://immi.homeaffairs.gov.au/citizens...
6. https://immi.homeaffairs.gov.au/visas/al...
7. https://immi.homeaffairs.gov.au/help-sup...
8. https://immi.homeaffairs.gov.au/visas/vi...
9. https://immi.homeaffairs.gov.au/citizens...
10. https://immi.homeaffairs.gov.au/citizens...
11. https://immi.homeaffairs.gov.au/entering...
12. https://immi.homeaffairs.gov.au/help-sup...
13. https://www.homeaffairs.gov.au/trav/visa...
14. https://immi.homeaffairs.gov.au/help-sup...
15. https://www.homeaffairs.gov.au/Trav/Visa...
16. https://www.homeaffairs.gov.au/trav/visa...
17. file:///tmp/chttps:/immi.homeaffairs.gov.au/help-support/applying-online-or-on-paper/online
18. https://immi.homeaffairs.gov.au/change-i...
19. https://www.homeaffairs.gov.au/trav/visa...
20. https://immi.homeaffairs.gov.au/change-i...
21. https://immi.homeaffairs.gov.au/change-i...
22. https://immi.homeaffairs.gov.au/change-i...
23. https://immi.homeaffairs.gov.au/visas/ge...
24. https://immi.homeaffairs.gov.au/change-i...
25. https://www.homeaffairs.gov.au/help-and-...

FOI, Department of Home Affairs

OFFICIAL: Sensitive
Personal-Privacy

In reply please quote:

FOI Request:        FA 24/06/00338

File Number:         FA24/06/00338          

Dear Oliver Smith,

Acknowledgement of Freedom of Information Access request

This letter acknowledges that on 5 June 2024 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

You have requested access to the following:

Under the FOI Act, I seek a copy of "The Revised Citizenship Procedural
Instructions" that is provided to members of the AAT to assist them
adjudicating in matters. I seek the the first version of this document
that was produced after Ministerial Direction 99 came into effect on 23
January 2023 and that advises AAT members how to interpret Ministerial
Direction 99.

Your request has been allocated FOI request number FA 24/06/00338 . 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 [1]Freedom
of information reviews | OAIC.

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 [2]the Department’s website.

We do not provide personal details of staff or non-public facing
operational email addresses

 

The Department’s practice is to exclude the personal details of Government
employees, including contractors, 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 as irrelevant under section
22(1)(a)(ii) of the FOI Act. 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
[3][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
[4][Department of Home Affairs request email].

 

Kind regards,

 

 

Priyanka

Position number: 60185634

FOI Officer 

Privacy, FOI & Records Management Branch | Legal Group

Department of Home Affairs

E: [5][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, 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.oaic.gov.au/freedom-of-infor...
2. https://www.homeaffairs.gov.au/access-an...
3. mailto:[Department of Home Affairs request email]
4. mailto:[Department of Home Affairs request email]
5. mailto:[Department of Home Affairs request email]

FOI, Department of Home Affairs

OFFICIAL: Sensitive
Personal-Privacy

In reply please quote:

FOI Request:       FA 24/06/00338

File Number:        FA24/06/00338

Dear Oliver Smith

I refer to your email dated 5 June 2024, 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 a copy of "The Revised Citizenship Procedural
Instructions" that is provided to members of the AAT to assist them
adjudicating in matters. I seek the the first version of this document
that was produced after Ministerial Direction 99 came into effect on 23
January 2023 and that advises AAT members how to interpret Ministerial
Direction 99.

 

Request Consultation Process

To enable the Department to consider your request for access under the FOI
Act, the Department will require further clarification, in order to enable
the Department to identify those documents. 

You now have an opportunity to revise your request to ensure it is a valid
request under section 15(2)(b) of the FOI Act and to enable it to proceed.

 

a)     Can you please confirm if you are seeking the following two
documents;-

·       "The Revised Citizenship Procedural Instructions" that is provided
to members of the AAT to assist them adjudicating in matters

·       The first Version of the document that advises AAT members how to
use Ministerial Direction 99 which came into effect on 23 January 2023.

b) The first document is publically available on LEGEND and does not
relate to Ministerial Direction 99. Therefore, you may wish to consider
revising your scope and removing this document from your request.

Under section 24AB(6) of the FOI Act, 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, your request will be taken to have been
withdrawn in accordance with section 24AB(7) of the FOI Act.

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

 

Ayesha

Position number: 60100052

Authorised FOI Officer

Privacy, FOI and Records Management Branch

Legal Group

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

Dear FOI,

Thank you Ayesha for your email and the opportunity to clarify. I had read in a court judgement that "The Revised Citizenship Procedural Instructions" provided instructions for the interpretation of Miniterial Direction 99, I understand from your email that is not case. Therefore, please cancel that request and see below a revised request:

Under the FOI Act, I seek any document produced by the Department of Home Affairs and provided to AAT members and staff after 1 January 2023 that provides advice about how to interpret or use Ministerial Direction 99.

Yours sincerely,

Oliver Smith

FOI, Department of Home Affairs

OFFICIAL: Sensitive
Personal-Privacy

Good morning,

I refer to your request received on 5 June 2024 for access to documents
under the FOI Act. 

The current due date for your request is 5 July 2024. 

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 Sunday 4 August 2024.
However, as this date falls on a non-working day, section 36(2) of the
Acts Interpretation Act 1901 provides that the latest date the Department
may issue a decision would be the next working day, which is Monday 5
August 2024.

It would assist the Department in managing its FOI caseload if you could
provide a response to this request by close of business, Friday 21 June
2024

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

 

Priyanka

Position number: 60185634

FOI Officer 

Privacy, FOI & Records Management Branch | Legal Group

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

Dear FOI,

Thanks for your email. I agree to your request for an extension.

Yours sincerely,

Oliver Smith