Withdrawal of review applications in the MRD of AAT
Dear Administrative Appeals Tribunal,
We seek, pursuant to the FOI Act 1982, the number of cases where anyone (whether or not an applicant) requested a withdrawal (whether or not the withdrawal took effect) of review applications in the Migration and Refugee Division of the AAT within the last two years (1 May 2020 to 1 May 2022).
Yours faithfully,
Charlotte
OFFICIAL: Sensitive
Dear Charlotte
Please find attached a letter acknowledging your FOI request.
Kind regards,
Marta Mallisioras
Policy Officer
Administrative Appeals Tribunal
Principal Registry, Melbourne
Legal & Policy
T: 03 9454 6160 F: 03 9454 6999
E: [email address]
OFFICIAL: Sensitive
Dear Charlotte
I refer to your FOI request below. I have been liaising with our Caseload Monitoring team and have been advised that the Tribunal will only be able to provide the number of withdrawn outcomes (that is, withdrawal request received and case finalised as a withdrawal). The Tribunal does not have an existing report to identify the number of requests received to a withdrawn application nor instances where a withdrawal request was received but was not the final outcome of a particular case.
Accordingly, I seek your agreement to modify the scope of your FOI request. Please confirm by return email if you are agreeable to this.
Yours sincerely
Marta Mallisioras
Policy Officer
Administrative Appeals Tribunal
Principal Registry, Melbourne
Legal & Policy
T: 03 9454 6160 F: 03 9454 6999
E: [email address]
Dear Marta,
Thank you for your correspondence dated 24 May 2022.
I confirm your comments that you have no "existing report" to identify the number of requests received to withdraw an application or instances where a withdrawal request was received but was not the final outcome in a particular case. I further note "documents" is defined in s4 of the FOI Act to include "any article on which information has been stored" or "any other record of information".
Given this, can you please confirm whether there is any record of information (whether electronic or otherwise) in relation to the following: "the number of requests received to withdraw an application or instances where a withdrawal request was received but was not the final outcome in a particular case"?
We'd appreciate your response to this before we address whether we agree to amend the scope of our FOI request.
Yours sincerely,
Charlotte
OFFICIAL: Sensitive
Dear Charlotte
Thank you for your email.
The Tribunal does not store documents (electronic or otherwise) about withdrawal requests that have been received but the outcome of the case was not a withdrawal. Nor is there currently any computer or other equipment that is ordinarily available to the Tribunal for retrieving this data.
The Tribunal is able to provide a report sourced from case management systems used in the ordinary course of its operations which produces the number of withdrawal outcomes. This information is not available in discrete form but the Tribunal is able to produce a document for the purpose of your FOI request as per s. 17 of the FOI Act.
Please let me know if you have any questions.
Kind regards,
Marta Mallisioras
Policy Officer
Administrative Appeals Tribunal
Principal Registry, Melbourne
Legal & Policy
T: 03 9454 6160 F: 03 9454 6999
E: [email address]
Dear Marta,
Thank you for your prompt response.
In light of your response, we agreed to amend the scope of our FOI request as per your request by email earlier this morning. That is, we seek the release of any record of information concerning the number of withdrawn outcomes (that is, withdrawal request received and case finalised as a withdrawal).
Yours sincerely,
Charlotte
OFFICIAL
Dear Charlotte
Please find attached FOI decision pursuant to your request of 16 May 2022.
Please note that the information released is included as Attachment A of
the decision.
Sincerely
Marta M
Policy Officer
Administrative Appeals Tribunal
Principal Registry, Melbourne
Legal & Policy
T: 03 9454 6100 F: 03 9454 6999
E: [1][email address]
[2]www.aat.gov.au
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