11 October 2023
Mr J Sebastian
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request:
FA 23/10/00061
File Number:
FA 23/10/00061
Dear Mr Sebastian
Freedom of Information (FOI) request – Access Decision
On 29 September 2023, the Department of Home Affairs (the Department) received a request
for access to documents under the
Freedom of Information Act 1982 (the FOI Act).
The purpose of this letter is to provide you with a decision on your request for access under the
FOI Act.
1
Scope of request
You have requested access to the following:
Any policy, procedure, guidelines and/or ministerial directives in the year 2023
regarding the general processing (i.e. non-case specific) and decision making of
Subclass 309 Partner (Provisional) visa at New Delhi Processing Office.
2
Authority to make decision
I am an officer authorised under section 23 of the FOI Act to make decisions in respect of
requests to access documents or to amend or annotate records.
3
Relevant material
In reaching my decision I referred to the following:
• the terms of your request
• the FOI Act
• Guidelines published by the Office of the Information Commissioner under section 93A
of the FOI Act (the FOI Guidelines)
• advice from Departmental officers with responsibility for matters relating to the to which
you sought access
808 Bourke Street Melbourne 3001
xxx@xxxxxxxxxxx.xxx.xx • www.homeaffairs.gov.au
4
Documents in scope of request
The documents relevant to your request are publicly available on LEGENDcom and to the
wider public via libraries that subscribe to LEGENDcom, through the Commonwealth Library
deposit and free issue scheme (LDS).
The information you seek can be found on the following Department’s web page, at the
following link, on a subscription basis including a payment fee:
https:/ immi.homeaffairs.gov.au/help-support/tools/legendcom
If you do not have a subscription to LEGEND, there are a number of State or Territory libraries
that subscribe to LEGENDcom through the LDS. The Department provides information about
the participating libraries and the LDS at the link above.
5
Decision
My decision in relation to your request is to refuse access to the document you have requested
on the basis that it is publicly available on LEGEND.
6
Reasons for decision
Section 12(1)(b) of the FOI Act provides that a person is not entitled to access a document that
is open to public access, as part of a public register or otherwise, in accordance with another
enactment, where that access is subject to a fee or other charge.
As the documents you have requested access to are available on LEGEND, I consider that you
are not entitled to access to the document under the FOI Act.
7
Legislation
A copy of the FOI Act is available at https://www.legislation.gov.au/Series/C2004A02562. If you
are unable to access the legislation through this website, please contact our office for a copy.
8
Your Review Rights
Internal Review
If you disagree with this decision, you have the right to apply for an internal review by the
Department of this decision. Any request for internal review must be provided to the Department
within 30 days of you being notified of the decision. Where possible please attach reasons why
you believe a review of the decision is necessary. The internal review wil be carried out by an
officer other than the original decision maker and the Department must make a review decision
within 30 days.
Applications for review should be sent to:
By email to: xxx.xxxxxxx@xxxxxxxxxxx.xxx.xx
OR
By mail to:
Freedom of Information Section
Department of Home Affairs
PO Box 25
BELCONNEN ACT 2617
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Review by the Office of the Australian Information Commissioner
You may apply directly to the Office of the Australian Information Commissioner (OAIC) for a
review of this decision. You must apply in writing within 60 days of this notice. For further
information about review rights and how to submit a request for a review to the OAIC, please see
https:/ www.oaic.gov.au/freedom-of-information/your-freedom-of-information-rights/freedom-of-
information-reviews/internal-review
9
Making a Complaint
You may complain to the Australian Information Commissioner about action taken by the
Department in relation to your request.
Your enquiries to the Australian Information Commissioner can be directed to:
Phone 1300 363 992 (local call charge)
Email xxxxxxxxx@xxxx.xxx.xx
There is no particular form required to make a complaint to the Australian Information
Commissioner. The request should be in writing and should set out the grounds on which it is
considered that the action taken in relation to the request should be investigated and identify the
Department of Home Affairs as the relevant agency.
10 Contacting the FOI Section
Should you wish to discuss this decision, please do not hesitate to contact the FOI Section at
xxx@xxxxxxxxxxx.xxx.xx.
[signed electronically]
Louise
Position number 60081621
Authorised FOI Officer - Freedom of Information
Privacy, FOI and Records Management Branch | Legal Group
Department of Home Affairs | www.homeaffairs.gov.au
Email xxx@xxxxxxxxxxx.xxx.xx
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