13 October 2025
Oliver Smith
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request:
FA 25/09/01811
File Number:
FA25/09/01811
Dear Oliver Smith
Freedom of Information (FOI) request – Decision
On 23 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. Visa and Citizenship Pre-Decision Verification Checks - Procedural Instruction (VM-5415)
2. Visa and Citizenship Risk Systems - Procedural Instruction (VM-958).
I am requesting the current version of the above Procedural Instructions that are used within
the Department.
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
PO Box 25 Belconnen ACT 2616
• 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 two documents as falling within the scope of your request. These
documents were in the possession of the Department on 23 September 2025 when your request
was received.
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 two documents in full from disclosure
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 37 of the FOI Act - Documents Affecting Enforcement of Law and Protection of
Public Safety
Section 37(2)(b) of the FOI Act provides that a document is exempt from disclosure if its disclosure
would, or could reasonably be expected to disclose lawful methods or procedures for preventing,
detecting, investigating, or dealing with matters arising out of breaches or evasions of the law the
disclosure of which would or could reasonably likely to, prejudice the effectiveness of those methods
or procedures.
I consider that documents 1 and 2 would or could reasonably be expected to disclose lawful methods
or procedures for preventing or detecting breaches or evasions of the law and that disclosure would,
or would reasonably be likely to, prejudice the effectiveness of those methods or procedures.
The Department’s role includes managing the security and integrity of Australia's visa and citizenship
programs. The Department leads the management of risks to Australia's visa and citizenship
programs in close collaboration with other government agencies, including State and Federal law
enforcement agencies. As such, the Department's role includes law enforcement functions.
- 2 -
The disclosure of information within these documents would be reasonably likely to impact on
ongoing investigative methodology and relationships both domestically and internationally that
support Australian government investigative capabilities. The release of this information would
prejudice the effectiveness of those methods or procedures, assisting endeavours to evade them
and thereby reducing the ability of the Department and other law enforcement agencies to protect
the visa and citizenship programs of Australia.
I have decided that this information is exempt from disclosure under Section 37(2)(b) of the FOI Act.
6.2 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 documents 1 and 2 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 and citizenship 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, and potentially its law
enforcement partners, to change those methods and/or procedures to avoid jeopardising their future
effectiveness.
I have decided that documents 1 and 2 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.
6.3 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.
- 3 -
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 Australia's visa and
citizenship 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
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.
- 4 -
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.
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
Tony
Position number: 60186973
Authorised Decision Maker
Department of Home Affairs
- 5 -
ATTACHMENT A
SCHEDULE OF DOCUMENTS
REQUEST UNDER FREEDOM OF INFORMATION ACT 1982
FOI request: FA 25/09/01811
File Number: FA25/09/01811
No.
Date of
No. of Description
Decision on release
document pages
1.
13
14
Visa and Citizenship Pre-Decision
Exempt in full s. 37(2)(b)
September
Verification Checks - Procedural Instruction
s. 47E(d)
2022
- VM-5415
2.
3
32
Visa and Citizenship Risk Systems -
Exempt in full s. 37(2)(b)
September
Procedural Instruction - VM-958
s. 47E(d)
2020
- 6 -