whether or not the detention centre on Christmas Island is still in use
Dear Assistant Minister for Immigration and Border Protection,
I wish to be provided with information about wether or not the detention centre on Christmas Island is still in use now, (26,3,2024), and what kind of treatment asylum seekers receive when put in this centre.
Yours faithfully,
M
[1]Australian Government Department of Home Affairs logo
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OFFICIAL: Sensitive
Personal-Privacy
In reply please quote:
FOI Request: FA 24/03/01573
File Number: FA24/03/01573
Dear M,
I refer to your email dated 26 March 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:
I wish to be provided with information about wether or not the detention
centre on Christmas Island is still in use now, (26,3,2024), and what kind
of treatment asylum seekers receive when put in this centre.
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
In order for your request to be valid for the purposes of the FOI Act, it
must provide such information concerning the documents that you are
seeking access to, as is reasonably necessary to enable the Department to
identify the documents.
Given the broad nature of the activities undertaken by the Department, I
do not consider that you have provided a reasonable description of the
documents to which you are seeking access.
As such, I am satisfied that your request is not valid and a practical
refusal reason exists in this request. You have not provided sufficient
information concerning the document you are seeking to access, to enable
the Department to be able to identify it.
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 to which you seek access, in order to enable
the Department to identify those documents.
You do not necessarily need to be able to identify the exact documents you
are seeking, but you need to provide the Department with sufficient
information to enable us to identify them. Given the very broad nature of
the functions that this Department has responsibility for, at a very
minimum, we will require advice as to which business areas might hold the
documents you are seeking to access. A copy of the Department’s
organisation chart is available on the Department’s website [1]here which
may assist you with this.
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.
The Freedom of Information Act 1982 provides the 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.
Please identify the specific documents you require access to, along with a
date range for the document search.
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 FOI Section at
[email address].
Kind regards,
Paul
Position number: 60176114
Privacy FOI & Records Management Branch | Legal Group
Department Of Home Affairs
E: [2][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/about-us-...
2. mailto:[email address]
OFFICIAL: Sensitive
Personal-Privacy
Dear M,
Freedom of Information Request
I refer to your email dated 26 March 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:
I wish to be provided with information about wether or not the detention
centre on Christmas Island is still in use now, (26,3,2024), and what kind
of treatment asylum seekers receive when put in this centre..
On 27 March 2024, Department notified you of its intention to refuse your
request on the basis that the work involved in processing your request in
its current form would substantially and unreasonably divert the resources
of Department from its other operations due to its broad nature, size and
complexity.
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 [email address].
Kind regards,
Paul
Position number: 60176114
Privacy FOI & Records Management Branch | Legal Group
Department Of Home Affairs
E: [1][email address]
Personal-Privacy
OFFICIAL: Sensitive
From: FOI
Sent: Wednesday, 27 March 2024 1:21 PM
To: '[FOI #11269 email]'
<[FOI #11269 email]>
Subject: FA 24/03/01573 - Practical Refusal Notice - Due 10 April 2024
[SEC=OFFICIAL:Sensitive, ACCESS=Personal-Privacy]
OFFICIAL: Sensitive
Personal-Privacy
In reply please quote:
FOI Request: FA 24/03/01573
File Number: FA24/03/01573
Dear M,
I refer to your email dated 26 March 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:
I wish to be provided with information about wether or not the detention
centre on Christmas Island is still in use now, (26,3,2024), and what kind
of treatment asylum seekers receive when put in this centre.
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
In order for your request to be valid for the purposes of the FOI Act, it
must provide such information concerning the documents that you are
seeking access to, as is reasonably necessary to enable the Department to
identify the documents.
Given the broad nature of the activities undertaken by the Department, I
do not consider that you have provided a reasonable description of the
documents to which you are seeking access.
As such, I am satisfied that your request is not valid and a practical
refusal reason exists in this request. You have not provided sufficient
information concerning the document you are seeking to access, to enable
the Department to be able to identify it.
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 to which you seek access, in order to enable
the Department to identify those documents.
You do not necessarily need to be able to identify the exact documents you
are seeking, but you need to provide the Department with sufficient
information to enable us to identify them. Given the very broad nature of
the functions that this Department has responsibility for, at a very
minimum, we will require advice as to which business areas might hold the
documents you are seeking to access. A copy of the Department’s
organisation chart is available on the Department’s website [2]here which
may assist you with this.
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.
The Freedom of Information Act 1982 provides the 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.
Please identify the specific documents you require access to, along with a
date range for the document search.
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 FOI Section at
[3][email address].
Kind regards,
Paul
Position number: 60176114
Privacy FOI & Records Management Branch | Legal Group
Department Of Home Affairs
E: [4][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. mailto:[email address]
2. https://www.homeaffairs.gov.au/about-us-...
3. mailto:[email address]
4. mailto:[email address]
Dear FOI,
I would like to have access to statistics about the detention centre on Christmas Island, that shows how many asylum seekers were administered into the detention centre, from the year it was established- 2005 up until now in the year 2024 April, i would also like access to documents of information about what kind of resources are provided to the asylum seekers, including basic human needs - food, water, shelter, clothing and sleep. I would also like access to the daily schedules of the asylum seekers, when they have breakfast, do they have periods for exercise? etc.
Yours sincerely,
Madi
OFFICIAL: Sensitive
Personal-Privacy
Good afternoon Madi,
Thank you for your email.
I refer to your email dated 26 March 2024 in which you requested access to
documents held by Department of Home Affairs under the Freedom of
Information Act 1982 (the FOI Act).
On 27 March 2024, you were sent a Practical Refusal Notice (PRN) asking to
clarify the scope in which you had 14 days to respond.
On the 16 April 2024 you were notified this request was deemed withdrawn
as no response had been received by the Depart of Home Affairs.
The Department has deemed request FA 24/03/01573 closed.
The Department would like to invite you to submit a new request through
the following link [1]How to make a FOI request (homeaffairs.gov.au), for
the following parts of your request :
· I would also like access to documents of information about what
kind of resources are provided to the asylum seekers, including basic
human needs - food, water, shelter, clothing and sleep.
· I would also like access to the daily schedules of the asylum
seekers, when they have breakfast, do they have periods for exercise? etc.
The Department now has a dedicated channel for data requests. As a result,
you are no longer entitled to obtain access to data as per the FOI Act
(section 12)1)(c)) as this data is available for purchase by the public
via the Department’s Data request process.
· I would like to have access to statistics about the detention
centre on Christmas Island, that shows how many asylum seekers were
administered into the detention centre, from the year it was established -
2005 up until now in the year 2024 April
Please visit [2]Requesting statistics (homeaffairs.gov.au) to lodge your
data request.
Should you wish to discuss your request you may contact the FOI Section at
[3][email address].
Kind regards,
Paul
Position number: 60176114
Privacy FOI & Records Management Branch | Legal Group
Department Of Home Affairs
E: [4][email address]
Personal-Privacy
OFFICIAL: Sensitive