Our reference: MR16/00059
Agency Reference: FA 15/12/01765; ADF2015/70046
Mr Ben Fairless
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@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 of your request with the Department.
On 13 February 2016, as the Department had not yet provided you with a decision, 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, Ms 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.
On 22 July 2016, I wrote to you and advised that if the OAIC did not hear from you by
5 August 2016, your request would be closed.
I note that the OAIC has not received a response to date.
Discretion not to conduct an IC review
I am a delegate of the Information Commissioner.
Under s 54W(a)(ii) of the FOI Act, I have found the IC review applicant has failed to cooperate
in progressing the IC review application, or the IC review, without reasonable excuse.
Accordingly, I have decided not to undertake a review, or not to continue to undertake a
review in this matter.
I confirm that this IC review is now 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
Freedom of Information, Dispute Resolution Branch
Office of the Australian Information Commissioner
9 August 2016
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