OFFICIAL: Sensitive
Personal-Privacy

16 January 2024

Sam

BY EMAIL:  [FOI #11020 email]

In reply please quote:

FOI Request:         FA 24/01/00624

File Number:          FA24/01/00624 

Dear Sam

I refer to your email dated 12 January 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:

As per the department policy, 189 non priority applications will be
processed according to the date of lodgement but we are seeing that the
department is processing applications in out of order. When there are
thousands of applications waiting to be processed who lodged in Dec 2022,
the department is currently processing Jan 2023 and Feb 2023 lodged
applications and completely ignoring the Dec 2022 applications. Also, we
are seeing that one year after opening the file, the case officer is
committing mistakes and asking for the valid documents again when it is
still valid. My question is will the applications be processed according
to the date of lodgement?

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. 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.

 

The following will not be processed, below are the reasons.

As per the department policy, 189 non priority applications will be
processed according to the date of lodgement but we are seeing that the
department is processing applications in out of order. When there are
thousands of applications waiting to be processed who lodged in Dec 2022,
the department is currently processing Jan 2023 and Feb 2023 lodged
applications and completely ignoring the Dec 2022 applications. Also, we
are seeing that one year after opening the file, the case officer is
committing mistakes and asking for the valid documents again when it is
still valid. My question is will the applications be processed according
to the date of lodgement?

 

The FOI Act provides a right to obtain access to “a document of an
agency”.  As such, it is not possible for the Department to provide
responses to questions under the FOI Act.

 

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.

 

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.

 

Kind regards

 

Jade

Freedom of Information

Department of Home Affairs

E: [1][Department of Home Affairs request email]

 

 

Personal-Privacy
OFFICIAL: Sensitive

 

 

show quoted sections

OFFICIAL: Sensitive
Personal-Privacy

In reply please quote:

FOI Request:         FA 24/01/00624

File Number:          FA24/01/00624 

Dear Sam

Freedom of Information Request

I refer to your email dated 12 January 2024 in which you requested access
to documents held by Department of Home Affairs under the Freedom of
Information Act 1982 (the FOI Act).

You specifically requested access to:

As per the department policy, 189 non priority applications will be
processed according to the date of lodgement but we are seeing that the
department is processing applications in out of order. When there are
thousands of applications waiting to be processed who lodged in Dec 2022,
the department is currently processing Jan 2023 and Feb 2023 lodged
applications and completely ignoring the Dec 2022 applications. Also, we
are seeing that one year after opening the file, the case officer is
committing mistakes and asking for the valid documents again when it is
still valid. My question is will the applications be processed according
to the date of lodgement?

 

On 16 January 2024, Department notified you of its intention to refuse
your request due to the fact that 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.

In particular, Department notified you that, within 14 days of receipt of
that letter, you must advise Department that:

·        you wish to make a revised request; or

·        indicate that you do not wish to revise your request; or

·        withdraw your request.

The 14 day period has now expired.  As such, in accordance with section
24AB(7) of the FOI Act, Department considers that your request has been
withdrawn.

If you have any enquiries concerning this matter, please do not hesitate
to contact an FOI officer at [Department of Home Affairs request email].

 

Kind regards

 

Jade

Freedom of Information

Department of Home Affairs

E: [1][Department of Home Affairs request email]

 

 

Personal-Privacy
OFFICIAL: Sensitive

 

 

From: FOI
Sent: Tuesday, 16 January 2024 9:12 AM
To: 'Sam' <[FOI #11020 email]>
Subject: CM: FA 24/01/00624 Practical Refusal Notice
[SEC=OFFICIAL:Sensitive, ACCESS=Personal-Privacy]

 

OFFICIAL: Sensitive
Personal-Privacy

16 January 2024

Sam

BY EMAIL:  [2][FOI #11020 email]

In reply please quote:

FOI Request:         FA 24/01/00624

File Number:          FA24/01/00624 

Dear Sam

I refer to your email dated 12 January 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:

As per the department policy, 189 non priority applications will be
processed according to the date of lodgement but we are seeing that the
department is processing applications in out of order. When there are
thousands of applications waiting to be processed who lodged in Dec 2022,
the department is currently processing Jan 2023 and Feb 2023 lodged
applications and completely ignoring the Dec 2022 applications. Also, we
are seeing that one year after opening the file, the case officer is
committing mistakes and asking for the valid documents again when it is
still valid. My question is will the applications be processed according
to the date of lodgement?

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. 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.

 

The following will not be processed, below are the reasons.

As per the department policy, 189 non priority applications will be
processed according to the date of lodgement but we are seeing that the
department is processing applications in out of order. When there are
thousands of applications waiting to be processed who lodged in Dec 2022,
the department is currently processing Jan 2023 and Feb 2023 lodged
applications and completely ignoring the Dec 2022 applications. Also, we
are seeing that one year after opening the file, the case officer is
committing mistakes and asking for the valid documents again when it is
still valid. My question is will the applications be processed according
to the date of lodgement?

 

The FOI Act provides a right to obtain access to “a document of an
agency”.  As such, it is not possible for the Department to provide
responses to questions under the FOI Act.

 

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.

 

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.

 

Kind regards

 

Jade

Freedom of Information

Department of Home Affairs

E: [3][Department of Home Affairs request email]

 

 

 

Personal-Privacy
OFFICIAL: Sensitive

 

 

show quoted sections