7 November 2019
Luke Mansil o
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request:
FA 19/08/00477
Dear Mr Mansil o
Freedom of Information (FOI) request - Access Decision
On 5 August 2019, the Department of Home Af airs (the Department) received a request for
access to document 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 document:
Lists of Irregular Maritime Arrival (IMA) boats that have arrived in Australia (also
known as Suspected Il egal Entry Vessels (SIEV)) with their 3 letter SIEV code,
AMSA Search and Research (SAR) number, date of arrival, nationality of
passengers, number of passengers and number of crew since 1st July 2013 to the
current date (5th August 2019).
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 document or to amend or annotate records.
3
Relevant material
In reaching my decision I referred to the following:
• the terms of your request
• the document 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)
6 Chan Street Belconnen ACT 2617
PO Box 25 Belconnen ACT 2616 • Telephone: 02 6264 1111 • Fax: 02 6225 6970 • www.homeaffairs.gov.au
4
Document in scope of request
Information regarding Operation Sovereign Borders is published by the Australian Border
Force i
n its website here:
https:/ newsroom.abf.gov.au/channels/Operation-Sovereign-Borders.
This published information includes monthly operational updates detailing any Il egal
Maritime Arrivals (IMA’s), the date of arrival, number of IMA’s and the number of SIEVs.
The information you have requested access to is included that information.
In addition, the Department has previously released information concerning vessels
entering Australia via Christmas Island from1 January 2013 to 31 December 2013. This
information can be found here:
https://www.homeaffairs.gov.au/foi/files/2019/fa-190201088-document-released.PDF
I note that you are also seeking access to the SIEV codes, AMSA SAR number and
nationality of passengers in relation to each vessel.
5
Decision
The decision in relation to the document in the possession of the Department which falls
within the scope of your request is to exempt one document in full from disclosure.
6
Reasons for Decision
Detailed reasons for my decision are set out below. My findings of fact and reasons for
deciding that the exemption provision applies to that information are set out below.
6.1 Section 33 of the FOI Act – Documents affecting National Security, Defence or
International Relations
Section 33(a)(i) of the FOI Act permits exemption of a document if disclosure of the
document would, or could reasonably be expected to cause damage to the security of the
Commonwealth.
For the reasons set out below, I consider that there are real and substantial grounds for
expecting that the disclosure of the information exempted under section 33(a)(i) would
cause damage to the security of the Commonwealth.
‘
Security’ is a concept with a fluctuating content which can depend upon the circumstances
as they exist from time to time.1 ‘Security of the Commonwealth’ is defined in section 4(5)
of the FOI Act as follows
(5)
Without limiting the generality of the expression security of the Commonwealth,
that expression shall be taken to extend to:
(a)
matters relating to the detection, prevention or suppression of activities,
whether within Australia or outside Australia, subversive of, or hostile to, the
interests of the Commonwealth or of any country allied or associated with
the Commonwealth; and …
1
Church of Scientology v Woodward (1982) 154 CLR 25 at [19].
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