24 April 2019
Mr Frank Kew
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request: FA 19/03/00540
File Number: OBJ2019/18296
Dear Mr Kew,
Freedom of Information (FOI) request - Access Decision
On 08 March 2019, 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)
Documents showing the Service Standard or Key Performance Indicator for
processing time for 309/100 and 820/801 visas from 01 January 2017 to
present.
2)
Documents showing the median processing time for granted 309/100 and
820/801 visas per month, per Post for the period 01 February 2018 to
present.
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 • Telephone: 02 6264 1111 • Fax: 02 6225 6970
• www.homeaffairs.gov.au
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 Department does not hold documents containing information about the Service
Standards or Key Performance indicators in individual visa programs. In March 2017, the
Department commenced publishing global visa and citizenship processing times on the
internet. This information can be sourced via the Department’s website and a link to the
relevant sections is as follows:
https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/global-visa-
processing-times
Published information includes an explanation that the global visa processing times are
published to provide an indicative timeframe for processing applications. These are
updated on a monthly basis and these include the subclasses 309, 100, 801 and 820 that
you are enquiring about. These processing times indicate how long it is taking to finalise
75th and 90th percentile of applications submitted globally in the month published, as
opposed to “Service Standards or Key Performance Indicators”.
The Department does not hold documents that include median processing times as
requested, nor is the published data by grant or post. The published visa processing times
provide the processing time for the 75th and 90th percentile of applications finalised
globally each month.
5
Decision
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 your
request and that no documents were in the possession of the Department on 08 March
2019 when your FOI request was received. As such I am refusing access to the documents
requested by you based on the application of section 24A of the FOI Act.
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6
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.
7
Your Review Rights
Internal Review
If you disagree with this decision, you have the right to apply for an internal review by the
Department of this decision. Any request for internal review must be provided to the
Department within 30 days of you being notified of the decision. Where possible please
attach reasons why you believe a review of the decision is necessary. The internal review
will be carried out by an officer other than the original decision maker and the Department
must make a review decision within 30 days.
Applications for review should be sent to:
By email to:
xxx.xxxxxxx@xxxxxxxxxxx.xxx.xx
OR
By mail to:
Freedom of Information Section
Department of Home Affairs
PO Box 25
BELCONNEN ACT 2617
Review by the Office of the Australian Information Commissioner
You may apply directly to the Office of the Australian Information Commissioner (OAIC) for
a review of this decision. You must apply in writing within 60 days of this notice. For further
information about review rights and how to submit a request for a review to the OAIC,
please see Fact Sheet 12 "Freedom of information – Your review rights", available online
at https://www.oaic.gov.au/freedom-of-information/foi-review-process.
8
Making a Complaint
You may complain to the Australian Information Commissioner about action taken by the
Department in relation to your request.
Your enquiries to the Australian Information Commissioner can be directed to:
Phone 1300 363 992 (local call charge)
Email
xxxxxxxxx@xxxx.xxx.xx
There is no particular form required to make a complaint to the Australian Information
Commissioner. The request should be in writing and should set out the grounds on which
it is considered that the action taken in relation to the request should be investigated and
identify the Department of Home Affairs as the relevant agency.
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9
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.
Position number: 60081621
Authorised Decision Maker | Freedom of Information Section
FOI and Records Management Branch
Productivity and Compliance Division | Corporate and Enabling Group
Department of Home Affairs
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Document Outline
