19 November 2025
Oliver SMITH
BY EMAIL:  xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request:
FA 25/09/01582
File Number:
FA25/09/01582
Dear Oliver SMITH
Freedom of Information (FOI) request – Decision
On 21 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:
I request access to any current summary documents, internal briefings, or policy documents
created on or after 1 January 2023 that describe:
1. Whether, when and how Australia receives information about visa refusals issued by the
FCC (Five Country Conference) partners (Canada, New Zealand, United Kingdom, United
States).
2. Whether, when and how Australian permanent resident or citizen data is shared with New
Zealand or other FCC partners.
Any limitations, safeguards, or restrictions on such exchanges.
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.

6 Chan Street Belconnen ACT 2617
xxx@xxxxxxxxxxx.xxx.xx  • www.homeaffairs.gov.au

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 nine documents as falling within the scope of your request. These
documents were in the possession of the Department on 21 September 2025 when your request
was received.
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:
•  Release six documents in part with deletions
•  Exempt two documents in full from disclosure
•  Refuse access to one document on the basis that it is publicly available on LEGEND
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 12 of the FOI Act – document open to public access
The Department has identified a document relevant to your request that can be accessed through
LEGEND.com by subscription.
LEGEND.com is an electronic database of all migration and citizenship legislation and policy
documents. This is available to the public on a subscription basis, at: LEGENDcom. LEGEND.com
is also available to the public for free at a number of libraries that subscribe to LEGEND.com through
the Commonwealth Library deposit and free issue scheme.
The document is available at the following link:
•  [Ref-Onshore] The Protection Visa Processing Guidelines

The most relevant sections are:

•  14.8.1. The Migration 5 High Value Data Sharing Protocol - an initiative for sharing
biometric information between the M5 member countries.
•  14.8.2. M5 check matches – information in relation to M5 matches.
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•  14.8.3. Considering the information provided in an M5 match report – in relation to an
applicant’s identity, nationality, travel history, residence status and protection claims.
•  14.8.4. Procedural Fairness and disclosure of M5 match reports - how to provide
information to applicants for their comment.
•  17.12.4 New biometric matches: Migration 5 (M5) checks

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.
As the document is available on LEGEND, I consider that you are not entitled to access to the
document under the FOI Act
6.2  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 22 September 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 documents 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
documents, with the irrelevant material deleted pursuant to section 22(1)(a)(ii) of the FOI Act.
The remainder of the documents have been considered for release to you as they are relevant to
your request.
6.3  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.
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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.
6.4  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  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 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 documents 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
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.
6.5  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.

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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 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
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 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.
•
Disclosure to the world at large of the conditionally exempt information contained within
the  documents  would have a substantial adverse effect on the IT Network of the
Department. This conditionally exempt information is of value to individuals or
organisations who may be interested in crafting a hostile cyber security attack on the IT
systems of the Department. 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
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.
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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.

You can make an FOI complaint to the Office of the Australian Information Commissioner (OAIC)
at: FOI Complaint Form on the OAIC website.

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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,

Matthew Wardell
60011094
Authorised Decision Maker
Department of Home Affairs

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ATTACHMENT A
SCHEDULE OF DOCUMENTS
REQUEST UNDER FREEDOM OF INFORMATION ACT 1982
FOI request:   FA 25/09/01582
File Number:  FA25/09/01582

No.
Date of  No. of  Description
document  pages
Decision on release

1.
05 March
33  A guide to interpreting M5 match results  Exempt in  s. 22(1)(a)(ii)
2025
Standard Operating Procedure
part
s.33(1)(b)
s. 47E(d)
2.
Undated
30  Third Country Nationals – UK & US
Exempt in  s. 22(1)(a)(ii)
Character Data Sharing
part
s. 47E(d)
Standard Operating Procedure
3.
Undated
5
Biometric Collection and Exchange
Exempt in  s. 47E(d)
part
4.
Undated
6
Biometric Collection and Exchange
Exempt in  s. 47E(d)
part
5.
27 July
12  Operational Protocol for Canada and
Exempt in  s. 22(1)(a)(ii)
2023
Australia Regarding Notifications on
part
s. 47E(d)
Removal of Own Country Nationals Who
May Pose A Risk to States of Return
6.

3 July 2023
4
NOT RELEASED AS EXEMPT IN FULL  Exempt in  s. 33(1)(b)
full
7.
19 July
11  Automated Annex to MOU NZ and
Exempt in  s. 22(1)(a)(ii)
2023
Australia
part
s. 47E(d)
8.
20 August
24  NOT RELEASED AS EXEMPT IN FULL  Exempt in  s. 33(1)(b)
2025
full

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Document Outline