Our reference: MR16/00059
Agency Reference: FA 15/12/01765; ADF2015/70046
Mr Ben Fairless
By email: foi+request‐1454‐xxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Fairless
Your application for Information Commissioner review of a decision by the Department of
Immigration and Border Protection
I refer to your request for Information Commissioner review (IC review) of a deemed access
refusal decision made by the Department of Immigration and Border Protection (the
Department) under the
Freedom of Information Act 1982 (Cth) (the FOI Act).
Background
On 25 December 2015, you made an FOI request to the Department for documents relating
to the processing of requests from applicants via Right to Know.
On 6 January 2016, you clarified the scope with the Department.
On 13 February 2016, as the Department had not yet provided you with a decision on you
request you made an application for IC review of the Department’s deemed refusal decision.
On 28 June 2016, the Department provided you with a substantive decision on your request
granting you full access to the one document within scope.
On 5 July 2016, Shelley Napper, the case officer in this matter, wrote to you to confirm
whether you were satisfied with the Department’s decision or, if you were not, to explain why
you disagreed with the Department’s decision so that the OAIC could consider whether to
conduct a review.
We have not received a response to date.
Decision not to conduct an IC review I am a delegate of the Information Commissioner. Under paragraph 54W(a) of the FOI Act, I
may decide not to undertake a review, or not to continue to undertake a review, if the IC
review applicant has failed to cooperate in progressing the IC review application, or the
application lacks substance.
The application you made was for IC review of a deemed access refusal by the Department.
The Department has now made a substantive decision on your request and you have not
provided advice as to whether, or why, you contest this new decision. As such, I consider that
your application is lacking in substance and I intend to finalise your application for IC review
unless you provide me with reasons to reconsider.
I invite you to provide these reasons by
5 August 2016. If I do not hear from you by this date
your review request will be closed.
If you would like to discuss this matter, please contact Shelley Napper on (02) 9284 9721 or
email xxxxxxx.xxxxxx@xxxx.xxx.xx. Please quote reference number MR16/00059.
Yours sincerely
Rocelle Ago
Director
Dispute Resolution Branch
Office of the Australian Information Commissioner
22 July 2016
2
