3
Relevant material
In reaching my decision I referred to the following:
• the terms of your 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 document relevant to Part 1 of your request 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 through the following libraries that subscribe to
LEGENDcom:
• State Library of New South Wales
• State Library of Queensland
• State Library Victoria
Alternatively, you can access Australian Government publications through the Australian
Government's Transparency Portal and the National Library of Australia's catalogue or trove.
The following web link has been provided by the relevant business area in relation to your request:
• https://legend.border.gov.au/migration/2021-2024/2025/01-11-
2025/policy/Pages/ document00003/level%20100196-
5.aspx?searchstring=%22Subclass%20771%20(Transit)%20visa%22#search-highlight-
anchor
The Department has undertaken reasonable searches for documents within the scope of Part 2 of
your request. These searches included interrogation of standard record keeping systems, and
consultation with relevant business areas with responsibility for the subject of your request.
The relevant business area has advised that the Department holds no Standard Operating
Procedures used by departmental staff for the processing and decision-making of Transit Visa
(Subclass 771) applications. Departmental staff are guided by the
Migration Act 1958 and the above
mentioned Procedural Instruction available on LEGENDcom.
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.
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5
Decision
My decision in relation to your request is as follows:
• Refuse Part 1 as the Procedural Instruction is available on LEGENDcom; and
• Refuse Part 2 on the basis that the document does not exist.
6
Reasons for decision
6.1 Section 12 of the FOI Act – open to public access
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 you have requested access to is available on LEGENDcom, I consider that you
are not entitled to access the document under the FOI Act.
6.2 Section 24 of the FOI Act – documents do not exist
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 Part 2 of your
request and that no documents were in the possession of the Department on 22 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.
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.
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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.
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]
Brett
Position No. 60218050
Authorised Decision Maker
Department of Home Affairs
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