30 May 2025
Robert Hardt
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request:
FA 25/04/01218
File Number:
FA25/04/01218
Dear Robert Hardt,
Freedom of Information (FOI) request – Decision
On 19 April 2025, 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 documents:
Under the Freedom of Information Act 1982, I request access to the following information:
Part 1 - Aggregate statistical data on pathways from Student visas (subclass 500) to
Temporary Graduate visas (subclass 485) to Permanent Residency for the period 2018-
2023.
This data should include:
Part 2 - Breakdown by educational institution
Part 3 - Breakdown by country of origin
Part 4 - Completion rates for enrolled courses
Part 5 - Conversion rates from student visa to temporary residence
Part 6 - Conversion rates from temporary residence to permanent residency
Part 7 - Any internal briefings, reports or analysis on the effectiveness of student visa
pathways as migration channels during this period.
I do not require personal identifying information of any individuals. Aggregated statistical
data is sufficient.
PO Box 25 Belconnen ACT 2616 • xxx@xxxxxxxxxxx.xxx.xx • www.homeaffairs.gov.au
This information is in the public interest as it pertains to the operation and outcomes of
Australia's education export and migration programs.
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 document relevant to the 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
document to which you sought access
4
Document in scope of request
In accordance with section 17 of the FOI Act, the Department has used its computer system to
produce one document that contains information that falls within the scope of your request. The
data produced in the document existed in the possession of the Department on 19 April 2025
when your FOI request was received.
The Department has undertaken reasonable searches for documents within the scope of your
request. These searches included interrogation of standard record keeping systems, and
consultation with the relevant business area with responsibility for the subject of your request.
The business area have advised the Department that no documents were identified in scope of
Parts 2, 4 and 7 of this request.
The relevant business area has provided additional information which may be of assistance to
you.
In regards to Part 4 of your request, international student completion rates are a matter for the
Department of Education. However, to be granted a Temporary Graduate Visa, an international
student needs to have completed their studies.
In regards to Part 7 of your request, please note the following:
The role of the Student visa program is to facilitate the lawful entry and stay of genuine
international students. Student visa settings are designed to ensure that Australian education
remains internationally competitive, while preserving high levels of immigration integrity, with
the primary purpose of the student visa program being to enable overseas students to gain a
quality education.
A student visa can also serve as a legitimate pathway to permanent residence through various
skil ed visas or other pathways (family visa, protection visa).
- 2 –
On 23 March 2024, the Migration Amendment (Subclass 500 Visas) Regulations 2024 -
https:/ www.legislation.gov.au/F2024L00322/asmade amended the Regulations by removing
the requirement that Subclass 500 visa applicants intend to genuinely stay in Australia
temporarily (the “Genuine Temporary Entrant (GTE)” requirement) as part of the assessment of
whether an applicant is a genuine applicant for entry and stay as a student (the “genuine
student” criterion). See: https:/ www.homeaffairs.gov.au/news-
media/archive/article?itemId=1187
The amendment recognises that the Subclass 500 visa can be a legitimate pathway to
permanent residence (where the student’s study may provide them with the skil s to fil
Australian skil s shortages).
Having regard to your request and the types of documents that may fall within the scope of your
request I am satisfied that the searches conducted were extremely thorough and all reasonable
steps have been taken to locate any document relevant to your request.
5
Decision
Section 24A of the FOI Act provides that the Department may refuse a request for access to a
document if all reasonable steps have been taken to find the document and the Department is
satisfied that the document does not exist.
I am satisfied that the Department has undertaken reasonable searches in relation to Parts 2, 4
and 7 of your request and that no documents were in the possession of the Department on 19
April 2025 when your FOI request was received. As such, I am refusing your request based on
the application of section 24A of the FOI Act.
The decision in relation to the document in the possession of the Department which fall within
the scope of your request is as follows:
• Release one document in full
6
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.
7
Your review rights
Internal Review
You do not have the right to seek an internal review of this decision. This is because section
54E(b) of the FOI Act provides that, when an agency is deemed to have refused an FOI request
under section 15AC of the FOI Act, the applicant does not have the right to seek an internal
review of the deemed decision.
The Department was deemed to have refused your request under section 15AC of the FOI Act
because it did not make this decision within the statutory timeframes for the request.
While the Department has now made a substantive decision on your request, section 15AC of
the FOI Act continues to apply to your request, which means that any request you make for
internal review wil be invalid.
- 3 –
Information Commissioner Review
You can instead request the Australian Information Commissioner to review this decision. If you
want to request an Information Commissioner review, you must make your request to the Office
of the Australian Information Commissioner (OAIC) within 60 days of being notified of this
decision.
You can apply for an Information Commissioner review at: Information Commissioner review
application form on the OAIC website.
If you have already applied for an Information Commissioner review, there is no need to make a
new review request. The OAIC wil contact you shortly to give you an opportunity to advise
whether you wish the review to continue, and to provide your reasons for continuing the review.
You can find more information about Information Commissioner reviews on the OAIC website.
8
Making a complaint
You may make a complaint to the Australian Information Commissioner if you have concerns
about how the Department has handled your request under the FOI Act. This is a separate
process to the process of requesting a review of the decision as indicated above.
You can make an FOI complaint to the Office of the Australian Information Commissioner
(OAIC) at: FOI Complaint Form on the OAIC website.
9
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.
Yours sincerely
[Electronically signed]
Lyn
Position No. 60186967
Authorised Decision Maker
Department of Home Affairs
- 4 –
