FOI Reference: LEX12931
File Reference: 25/28921
January 2026
Francis Unmeopa (Right to Know)
Right to Know
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Francis Unmeopa
RE: Freedom of Information Request
I refer to your request received by the Department of Foreign Affairs and Trade (the
department) for access to documents under the
Freedom of Information Act 1982 (the
FOI Act).
After careful consideration, I have decided to refuse access as no documents exist.
Your request
On 30 September 2025, you made the following request:
all documents, correspondence, emails, file notes, memoranda, and records held by
Department of Foreign Affairs and Trade (DFAT) that relate to any contact,
communication, or request for information from the Honours and Awards Secretariat
and/or the Department of the Prime Minister and Cabinet (or any officer acting on behalf
of either) concerning
The attack on the Serena Hotel, Kabul, Afghanistan on 14 January 2008; and/or The
actions of Australian civilians and/or Australian embassy staff present at the Serena
Hotel during the attack on 14 January 2008; and/or Any inquiry, investigation, or
information gathering related to the conduct or actions of individuals at the Serena Hotel
on 14 January 2008.
Time period: 1 January 2008 to present date.
This includes but is not limited to: requests for witness statements, incident reports,
security assessments, personnel records, commendations, citations, or any other
documentation related to the above incident.
On 11 November 2025, the department notified you of our intention to refuse to process
your request on the grounds that doing so
would substantially and unreasonably divert
resources of the agency from its other operations. You were invited to revise the request in
order that it may be processed (section 24AB of the FOI Act).
R G Casey Building John McEwen Cres Barton 0221
DFAT.GOV.AU
T
+61 2 6261 1111
@DFAT
On 17 November 2025, you revised your request to:
All correspondence between the Department of Foreign Affairs and Trade and the
Honours and Awards Secretariat and/or the Department of the Prime Minister and
Cabinet (including Mr Peter Rush, Assistant Secretary, Awards and Culture Branch, or any
officer acting on behalf of those agencies) relating to bravery nominations for Australian
personnel involved in the attack on the Serena Hotel, Kabul, Afghanistan on 14 January
2008, specifically:
•
DFAT correspondence to PM&C/Honours and Awards Secretariat initiating or
supporting bravery nominations
•
Requests from PM&C/Honours and Awards Secretariat to DFAT officers for witness
statements and/or information about the conduct and/or actions of Australian
personnel during the attack
•
Responses provided by DFAT officers to such requests
•
Follow-up correspondence related to the investigation of any bravery nominations for
this incident
•
Final decisions or determinations communicated between the agencies regarding
bravery nominations
Time period: 1 January 2008 to present date.
On 8 December 2025, the department notified you that existing searches had return
documents that captured your previous FOI requests and all correspondence that relates to
processing those requests.
On 9 December 2025, you revised your request to:
I confirm that I wish to EXCLUDE from the scope of my request:
All FOI requests that I have personally submitted to DFAT (including the current request
LEX 12931 and any prior requests)
All correspondence between myself and DFAT regarding the processing, consultation, or
administration of any FOI requests I have submitted
Any internal DFAT correspondence generated solely as a result of processing my FOI
requests
To be clear, my request is intended to capture only:
Historical inter-agency correspondence between DFAT and PM&C/Honours and Awards
Secretariat that occurred in the normal course of government business regarding bravery
nominations arising from the 14 January 2008 Serena Hotel attack. This includes
correspondence from 2008 onwards that existed independently of, and prior to, my FOI
inquiries.
I do NOT seek:
•
Documents created as a result of my FOI requests
•
Correspondence I have already sent or received
•
Internal DFAT emails discussing how to respond to my FOI requests
I trust this clarification will assist in processing my request efficiently and avoid any
practical refusal grounds based on volume.
On 12 December 2025, the department requested requested a 30-calendar day extension of
time to process your request (section 15AA of the FOI Act).
The same day you consented to the extension of time. The department subsequently
notified the Office of the Australian Information Commissioner (OAIC) of the extension of
time in accordance with our reporting obligations.
Authority
I am an officer authorised under section 23 of the FOI Act to make decisions in relation to
FOI requests.
Sections of the FOI Act referenced in my decision letter can be found online at
www.legislation.gov.au.
Decision
Thorough searches conducted by the Archives Section, the Cyber Operations Section, the
General Counsel Branch, the Mainland South and Central Asia Branch and the Protocol
Branch found no documents matching the description of the documents you requested.
In accordance with section 24A(1) of the FOI Act, your request for access to documents is
refused as all reasonable steps have been taken to find the documents and I am satisfied
that the documents do not exist.
Review rights
Information about your review rights is set out in the
Attachment for your reference.
Contact
Should you have any queries regarding this decision please contact the Freedom of
Information Section by email: xxx@xxxx.xxx.xx.
Yours sincerely
Jonathan Messieh
A/g Director
Freedom of Information Section
REVIEW AND COMPLAINT OPTIONS
Third party review rights
If you consider the department made the
Third parties who were consulted by the
wrong decision, please request a review.
department have a right to apply for a
review of the department’s decision to
If you are dissatisfied with the way your
grant the applicant access to their
request was processed, please make a
information.
complaint.
You have a right to apply for an internal
REVIEW
review by the department (section 53B of
How to seek a review of this decision
the FOI Act) within 30 calendar days from
the day you receive this notice.
Internal review by the department
You have a right to apply for an external
You have a right to apply for an internal
review by the IC (section 54L of the
review of the decision (section 54 of the
FOI Act) within 30 calendar days from the
FOI Act) within 30 calendar days from the
day you receive this notice.
day you receive this notice. Where
possible, please attach reasons why you
What if your right to review expires?
believe review of the decision is
necessary.
You can apply to the department for an
extension of time to make an internal
A new decision maker, who was not
review (section 54B of the FOI Act).
involved in the initial decision, will review
your request, and make a new decision
You can apply to the OAIC for an
within 30 calendar days.
extension of time to make an external
review (section 54T of the FOI Act).
Any request for internal review should be
directed via email to xxx@xxxx.xxx.xx or
COMPLAINT
addressed to:
How to make a complaint about process
Freedom of Information Section
Complaint to the department
Department of Foreign Affairs and
Trade
If you wish to make a complaint about
R G Casey Building
how your FOI request was processed by
John McEwen Crescent
the department, we welcome you sending
Barton ACT 0221
an email with the details of your
complaint to the department in the first
External review by the Information
instance via xxx@xxxx.xxx.xx.
Commissioner (IC)
Complaint to the IC
You have a right to apply to the Australian
Information Commissioner (IC) to review
You may also make a complaint to the IC
the decision (section 54L of the FOI Act)
about the department’s actions in relation
within 60 calendar days from the day you
to this decision (section 70 of the FOI Act).
receive this notice.
Further information about how to make a
complaint is available – www.oaic.gov.au.
