Mr Oliver Smith
by email :
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
FOI Reference: FA24/02/01276
Dear Mr Smith
I refer to your email received by the Department of Home Affairs (the Department) on 18 March
2024 in which you requested an internal review in relation to your Freedom of Information request
received on 20 February 2024.
On 19 March 2024 the Department advised you that it had registered your request for internal
review and wil be processing it. However, after reviewing your original request for access, we have
determined that your request for internal review is invalid and therefore cannot be progressed any
further by the Department.
Whether internal review request valid
The right for an applicant to seek internal review is specified in Part VI of the FOI Act, which
provides that an applicant may request an internal review of an ‘access refusal decision’ made by
an agency. The types of decisions that are reviewable access refusal decisions ar
e specified in
section 53A of the FOI Act.
Unfortunately, as the Department deemed your request to have been withdrawn and finalised it
without making an access decision, the Department has not made a decision that meets the
requirements of a reviewable access refusal decision as defined in section 53A of the FOI Act.
Consequently your internal review request is invalid and we cannot review the decision.
Kind Regards
Mary
Freedom of Information Reviews Team
Privacy, FOI and Records Management Branch, Legal Group
Department of Home Affairs
Email:
xxx.xxxxxxx@xxxxxxxxxxx.xxx.xx
www.homeaffairs.gov.au
808 Bourke Street DOCKLANDS VIC 3008
GPO Box 241 Melbourne VIC 3000 • www.homeaffairs.gov.au