7 November 2025
Nguyen
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request:
FA 25/09/01343
File Number:
FA25/09/01343
Dear Nguyen
Freedom of Information (FOI) request – Decision
On 17 September 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:
1. Decision templates and Standard Wording
All refusal templates, standard wording, or template paragraphs used by the Australian
Embassy in Hanoi and the Australian Consulate-General in Ho Chi Minh City in Visitor visa
(Subclass 600) and Transit visa (Subclass 771) decisions between 1 January 2024 and the
present.
2. Internal Guidance and Training
All documents, training materials, or guidance provided to delegates at those posts on how to
draft refusal reasons for Visitor or Transit visa applications during the same period.
All documents, training materials, or guidance provided to delegates at those posts on Visitor
or Transit visa applications to be refused during the same period.
3. Quality Assurance or Review Instructions
Any documents (including emails) setting out procedures at those posts for quality assurance
of refusal decision records, or review by team leaders/managers before issue.
6 Chan Street Belconnen ACT 2617
PO Box 25 Belconnen ACT 2616
• 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 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 documents 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 documents
to which you sought access
4
Documents in scope of request
The Department has identified four documents as falling within the scope of your request. These
documents were in the possession of the Department on 17 September 2025 when your request
was received.
One of these documents is publicly available by subscription on LEGENDcom.
Attachment A is a schedule which describes the relevant documents and sets out my decision in
relation to each of them.
5
Decision
The decision in relation to the documents in the possession of the Department which fall within the
scope of your request is as follows:
•
Exempt three documents in full from disclosure (Documents 1; 2 & 4 responsive to Part
1)
•
Refuse access to one document on the basis that it is available on
LEGENDcom (Document 3 responsive to Part 2)
•
Refuse Part 3 of your request as no documents exist
6
Reasons for Decision
Detailed reasons for my decision are set out below.
Where the schedule of documents indicates an exemption claim has been applied to a document or
part of document, my findings of fact and reasons for deciding that the exemption provision applies
to that information are set out below.
6.1 Section 12 of the FOI Act – Part not to apply to certain documents
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.
- 2 -
As one of the documents you have requested access is available on LEGENDcom, I consider that
you are not entitled to access the document under the FOI Act.
Document 3 is relevant to your request and can be accessed through LEGENDcom by subscription.
LEGENDcom is an electronic database of all migration and citizenship legislation and policy
documents. These are available to the public on a subscription basis, at:
https://immi.homeaffairs.gov.au/helpsupport/tools/legendcom.
LEGENDcom is also available to the public for free. You can access Australian Government
publications through the Australian Government's Transparency Portal and the National Library of
Australia's catalogue or trove.
Please refer to the following title which can be searched in LEGENDcom if the weblink does not
work:
Visitor Visa Program Management – Subclass 600 (Visitor) visa Procedural Instruction (PI):
•
https://legend.border.gov.au/migration/2021-2024/2025/19-09-
2025/policy/Pages/ document00003/level%20100191.aspx
6.2 Section 24A of the FOI Act – Requests may be refused if documents cannot be found,
do not exist or have not been received
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 your request
and that no documents were in the possession of the Department on 17 September 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.
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 documents 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 visa programs 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 to change those methods
and/or procedures to avoid jeopardising their future effectiveness.
I have decided that documents 1; 2 and 4 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
- 3 -
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 documents 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 documents would promote the objects of the FOI Act.
•
The subject matter of the documents may have a general characteristic of public
importance.
•
No insights into public expenditure will be provided through examination of the
documents.
•
You do not require access to the documents 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 documents:
•
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 integrity and security
of Australia's visa programs. 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
b)
access to the document could result in any person misinterpreting or misunderstanding
the document
- 4 -
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
If you disagree with this decision, you have the right to apply for either an internal review or an
Information Commissioner review of the decision.
Internal review
If you want the Department to review this decision, you must make your internal review request
within 30 days of being notified of this decision.
When making your internal review request, please provide the Department with the reasons why you
consider this decision should be changed.
You can send your internal review request to:
Email: xxx.xxxxxxx@xxxxxxxxxxx.xxx.xx
The internal review will be carried out by an officer who is more senior than the original decision
maker. The Department must make its decision on the review within 30 days of receiving your
request for internal review.
Information Commissioner review
If you want the Australian Information Commissioner to review this decision, 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 using the
Information Commissioner review
application form on the OAIC website.
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.
- 5 -
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@xxxxxxxxxxx.xxx.xx. Yours sincerely
Electronically signed
Matthew
Position number: 00005201
Authorised Decision Maker
Department of Home Affairs
- 6 -
ATTACHMENT A
SCHEDULE OF DOCUMENTS
REQUEST UNDER FREEDOM OF INFORMATION ACT 1982
FOI request: FA 25/09/01343
File Number: FA25/09/01343
No.
Date of
No. of Description
Decision on release
document pages
1.
-
-
Document
Exempt in full s. 47E(d)
2.
-
-
Document
Exempt in full s. 47E(d)
3.
6
-
VM-3190 - Visitor Visa Program
Refused
s. 12(1)(b)
December
Management – Subclass 600 (Visitor) visa access under
2024
Procedural Instruction (PI):
the FOI Act as
publicly
https://legend.border.gov.au/migration/202 available by
1-2024/2025/19-09-
subscription
2025/policy/Pages/ document00003/level
%20100191.aspx
4.
-
-
Document
Exempt in full s. 47E(d)
- 7 -