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ANNEXURE A
STATEMENT OF REASONS RELATING TO AN FOI REQUEST BY
FOIFOI MCGEE
I, Casey, FOI Team Leader, Freedom of Information, am an officer authorised under section 23 of the
Act to make decisions in relation to the Australian Federal Police (AFP).
What follows is my decision and reasons for the decision in relation to your request.
BACKGROUND
On 1 September 2025, the AFP received your request in the fol owing terms:
All documents relating to investigations of Australian Citizens who fought for the Russian
Armed Forces since 22 July 2022
On 9 September 2025, you agreed to a 30 day extension of time under section 15AA of the Act.
DECISION
In accordance section 25 of the Act, I refuse access in relation to your request, on the basis I neither
confirm nor deny the existence of documents held by the AFP.
The FOI Act allows agencies to refuse access without confirming or denying the existence of a
document where a document, if it existed, would be exempt under section 33 (documents affecting
national security, defence or international relations) or section 37(1) (documents affecting
enforcement of law and protection of public safety).
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***YOU SHOULD READ THIS GENERAL ADVICE IN CONJUNCTION WITH THE LEGISLATIVE
REQUIREMENTS IN THE FREEDOM OF INFORMATION ACT 1982***
REVIEW AND COMPLAINT RIGHTS
If you are dissatisfied with a Freedom of Information decision made by the AFP, you can apply either for
internal review of the decision, or for a review by the Information Commissioner (IC). You do not have to
apply for internal review before seeking review by the IC.
For complaints about the AFP’s actions in processing your request, you do not need to seek review by
either the AFP or the IC in making your complaint.
REVIEW RIGHTS under Part VI of the Act
Internal review by the AFP
Section 54 of the FOI Act gives you the right to apply for internal review of this decision. No particular
form is required to make an application for internal review, however, an application needs to be made in
writing within 30 days of this decision. It would assist the independent AFP decision-maker responsible
for reviewing the file if you set out in the application, the grounds on which you consider the decision
should be reviewed.
Section 54B of the FOI Act provides that the internal review submission must be made within 30 days.
Applications may be sent by email (xxx@xxx.xxx.xx) or addressed to:
Freedom of Information
Australian Federal Police
GPO Box 401
Canberra ACT 2601
REVIEW RIGHTS under Part VII of the Act
Review by the Information Commissioner
Alternatively, section 54L of the FOI Act gives you the right to apply directly to the IC for review of this
decision. In making your application you will need to provide an address for notices to be sent (this can
be an email address) and a copy of the AFP decision.
Section 54S of the FOI Act provides the timeframes for an IC review submission. For an
access refusal
decision covered by section 54L(2), the application must be made within 60 days. For an
access grant
decision covered by section 54M(2), the application must be made within 30 days.
Applications for IC review may be lodged by email (xxxxx@xxxx.xxx.xx), using the OAIC’s online
application form (available at www.oaic.gov.au) or addressed to:
Office of the Australian Information Commissioner
GPO Box 5128
Sydney NSW 2001
The IC encourages parties to an IC review to resolve their dispute informally, and to consider possible
compromises or alternative solutions to the dispute in this matter. The AFP would be pleased to assist
you in this regard.
Complaint
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If you are unhappy with the way we have handled your FOI request, please let us know what we could
have done better. We may be able to rectify the problem. If you are not satisfied with our response, you
can make a complaint to the IC. A complaint may be lodged using the same methods identified above. It
would assist if you set out the action you consider should be investigation and your reasons or grounds.
More information about IC reviews and complaints is available on the OAIC’s website at
https://www.oaic.gov.au/freedom-of-information/reviews-and-complaints/.
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