6 November 2025
Oliver Smith
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request:
FA 25/08/00805
File Number:
FA25/08/00805
Dear Oliver Smith
Freedom of Information (FOI) request – Decision
On 8 August 2025, the Department of Home Affairs (the Department) received a request for access
to document 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 document:
Amended Scope: (28 September 2025)
"I seek access to the most current version (regardless of original creation date, provided it
remains in effect or in active use) of internal departmental guidelines, procedures, policy
frameworks that explain how immigration-related information received from Canada and the
United States is used in the processing of Australian visa applications, specifically in relation
to visa status, refusals and cancellations.
This request includes documents that address:
• How information on visa status, refusals and cancellations from Canada or the USA is
accessed, verified, and recorded;
• Whether such information is considered under Public Interest Criteria (such as PIC 4020);
• Safeguards, retention rules, or limitations on the use of refusal data shared by Canada or
the USA.
6 Chan Street Belconnen ACT 2617
xxx@xxxxxxxxxxx.xxx.xx
• www.homeaffairs.gov.au
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 document 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
The Department has identified one document as falling within the scope of your request. This
document was in the possession of the Department on 8 August 2025 when your request was
received.
5
Decision
The decision in relation to the document in the possession of the Department which falls within the
scope of your request is as follows:
• Release one document in part with exemptions
6
Reasons for Decision
My findings of fact and reasons for deciding that the exemption provision applies to that information
are set out below.
6.1 Section 22 of the FOI Act – irrelevant to request
Section 22 of the FOI Act provides that if giving access to a document would disclose information
that would reasonably be regarded as irrelevant to the request, it is possible for the Department to
prepare an edited copy of the document, modified by deletions, ensuring that the edited copy would
not disclose any information that would reasonably be regarded as irrelevant to the request.
On 12 August 2025, the Department advised you that its policy is to exclude the personal details of
officers not in the Senior Executive Service (SES), as well as the mobile and work telephone
numbers of SES staff and non-public facing email addresses, contained in documents that fall within
scope of an FOI request.
I have decided that parts of document marked
‘s22(1)(a)(ii)’ would disclose information that could
reasonably be regarded as irrelevant to your request. I have prepared an edited copy of the
document, with the irrelevant material deleted pursuant to section 22(1)(a)(ii) of the FOI Act.
The remainder of the document has been considered for release to you as it is relevant to your
request.
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6.2 Section 33 of the FOI Act – Documents affecting National Security, Defence or
International Relations
Section 33(1)(b) provides that a document is an exempt document if disclosure would divulge
information or matter communicated in confidence by a foreign government, an authority of a foreign
government or an international organization to the Commonwealth.
The Information Commissioner Guidelines state that information is communicated in confidence by
or on behalf of another government if it was communicated and received under an express or implied
understanding that the communication would be kept confidential Where the information is, in fact
confidential in character and whether it was communicated in circumstances importing an obligation
of confidence are relevant considerations.
The relevant time for the test of confidentiality is the time of communication of the information, not
the time of the request for access to that communication.
An agreement to treat documents as confidential does not need to be formal. A general
understanding that communications or a particular nature will be treated in confidence will suffice.
The understanding of confidentiality may be inferred from the circumstances in which the
communication occurred, including the relationship between the parties and the nature of the
information communications.
Having considered these factors, I am satisfied that the information contained within the document
subject to this request was communicated in confidence by or on behalf of another government, and
was received by the Australian Government under an understanding of confidentiality. There was
clear general understanding between the relevant parties that the communication would be treated
in confidence.
As such, I have decided that the release of the document would divulge information communicated
in confidence by or on behalf of a foreign government to the Commonwealth of Australia and I have
decided that the document is exempt from disclosure under section 33(1)(b) of the FOI Act.
6.3 Section 47E of the FOI Act – Operations of Agencies
Section 47E(d) of the FOI Act provides that documents are conditionally exempt if disclosure would,
or could reasonably be expected to, have a substantial adverse effect on the proper and efficient
conduct of the operations of an agency.
I consider that the disclosure of the parts of the document marked ‘
s47E(d)’ would, or could
reasonably be expected to, have a substantial adverse effect on the proper and efficient conduct of
the operations of the Department.
Managing the security and integrity of Australia's borders is integral to the operations of the
Department. Any prejudice to the effectiveness of the operational methods and procedures used in
undertaking that role would result in a substantial adverse effect on the operations of the Department.
Any disclosure resulting in the prejudice of the effectiveness of the Department’s operational
methods and procedures would result in the need for this Department, and potentially its law
enforcement partners, to change those methods and/or procedures to avoid jeopardising their future
effectiveness.
I have decided that parts of the document are conditionally exempt under section 47E(d) of the FOI
Act. Access to a conditionally exempt document must generally be given unless it would be contrary
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to the public interest to do so. I have turned my mind to whether disclosure of the information would
be contrary to the public interest, and have included my reasoning in that regard below.
6.4 The public interest – section 11A of the FOI Act
As I have decided that parts of the document are conditionally exempt, I am now required to consider
whether access to the conditionally exempt information would be contrary to the public interest
(section 11A of the FOI Act).
A part of a document which is conditionally exempt must also meet the public interest test in section
11A(5) before an exemption may be claimed in respect of that part.
In summary, the test is whether access to the conditionally exempt part of the document would be,
on balance, contrary to the public interest.
In applying this test, I have noted the objects of the FOI Act and the importance of the other factors
listed in section 11B(3) of the FOI Act, being whether access to the document would do any of the
following:
(a)
promote the objects of this Act (including all the matters set out in sections 3 and
3A)
(b)
inform debate on a matter of public importance
(c)
promote effective oversight of public expenditure
(d)
allow a person to access his or her own personal information.
Having regard to the above I am satisfied that:
•
Access to the document would promote the objects of the FOI Act.
•
The subject matter of the document does not seem to have a general characteristic of
public importance. The matter has a limited scope and, in my view, would be of interest
to a very narrow section of the public.
•
No insights into public expenditure will be provided through examination of the document.
•
You do not require access to the document in order to access your own personal
information.
I have also considered the following factors that weigh against the release of the conditionally exempt
information in the document:
•
Disclosure of the parts of the documents that are conditionally exempt under section
47E(d) of the FOI Act could reasonably be expected to prejudice law enforcement
functions and, as a result, the ability of the Department to protect Australia's borders. I
consider there to be a strong public interest in ensuring that the ability of the Department
to conduct its law enforcement functions is not compromised or prejudiced in any way. I
consider that this would be contrary to the public interest and that this factor weighs
strongly against disclosure.
I have also had regard to section 11B(4) which sets out the factors which are irrelevant to my
decision, which are:
a)
access to the document could result in embarrassment to the Commonwealth
Government, or cause a loss of confidence in the Commonwealth Government
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b)
access to the document could result in any person misinterpreting or misunderstanding
the document
c)
the author of the document was (or is) of high seniority in the agency to which the request
for access to the document was made
d)
access to the document could result in confusion or unnecessary debate.
I have not taken into account any of those factors in this decision.
Upon balancing all of the above relevant public interest considerations, I have concluded that the
disclosure of the conditionally exempt information in the documents would be contrary to the public
interest and it is therefore exempt from disclosure 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
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 will be invalid.
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 will 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.
9
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.
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You can make an FOI complaint to the Office of the Australian Information Commissioner (OAIC)
at
: FOI Complaint Form on the OAIC website.
10 Contacting the FOI Section
Should you wish to discuss this decision, please do not hesitate to contact the FOI Section at
xxx@xxxxxxxxxx.xxx.xx.
Yours sincerely,
Signed electronically
Louise
Position number 60081621
Authorised Decision Maker
Department of Home Affairs
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Document Outline