12 August 2020
0
Parth
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request: FA 20/07/01249
File Number: OBJ2020/24841
Dear Parth,
Freedom of Information (FOI) request - Access Decision
On 23 July 2020, 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 fol owing documents:
I am writing to request you to provide following information in relations to visa lodged while
applicant was in ACT, Australia.
1. Provide number of visa application lodged by primary applicants with applicant's
location in ACT (as per the address provided in visa application form), associated Visa
Application subclass, lodgement month, country of citizenship of the applicant,
with/without assistance of Migration Agent (Migration agent's details provided in the
application).
2. Number of visa applications granted and refused while the applicant was in ACT (as
per the address provided in visa application form) and associated visa subclass,
with/without assistance of Migration Agent (Migration agent's details provided in the
application).
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.
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 fol owing:
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
document to which you sought access
4
Document in scope of request
In accordance with section 17 of the FOI Act, the Department has used its computer system
to produce one document that contains information that fal s within the scope of your
request. The data produced in the document existed in the possession of the Department
on 23 July 2020 when your initial FOI request was received.
Searches
In relation to information concerning whether a migration agent were engaged at any stage
of the application process, the Department does not hold an existing discrete document
that contains the data you are seeking.
The Department has considered whether it can extract this data in accordance with section
17(1) of the FOI Act.
The obligation for retrieving or col ating information stored in a computer system arises if:
the Department could produce a written document containing the information using
a computer or other equipment that is ordinarily available to the agency for retrieving
or col ating stored information, and
producing a written document would not substantial y and unreasonably divert the
resources of the agency from its other operations (s17(2))
In Col ection Point Pty Ltd v Commissioner of Taxation the ful bench of the Federal Court
decided that if a new computer program is required to be written to produce the document
then a computer is not being used in a manner that is ordinarily available to the agency
because an extraordinary step is required to be taken1.
To compile the information you have requested into a discrete document would require that
additional and extraordinary measures be undertaken. This is not what section 17 of the
FOI Act requires. Section 17 only requires a new document to be created when it is possible
to do so using a computer or other equipment to extract data.
1 Collection Point Pty Ltd v Commissioner of Taxation [2013] FCAFC 67 [20].
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The data you have requested is of a detail that cannot be reported on from the
Department’s computer systems. Either the data is not col ected to that granular detail, or
it is not possible to extract the data using a computer system in a manner that is ordinarily
available to it.
I am satisfied that the Department is not able to produce a written document containing the
information you seek in your request which relates to engagement of a migration agent in
a discrete form using a computer or other equipment ordinarily available to it.
Having regard to your request and the types of document that may fal within the scope of
your request I am satisfied that the searches conducted were extremely thorough and al
reasonable steps have been taken to locate any document relevant to this part of scope.
5
Decision
Section 24A of the FOI Act provides that the Department may refuse a request for access
to a document if al 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 use
of a migration agent and that no documents were in the possession of the Department on
23 July 2020 when your FOI request was received. As such, I am refusing this part of your
request based on the application of section 24A of the FOI Act.
The decision in relation to the documents in the possession of the Department which fal
within the scope of your request is as fol ows:
Release one document in ful
6
Legislation
A copy of the FOI Act is available at https://www.legislation.gov.au/Details/C2017C00251.
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
wil be carried out by an officer other than the original decision maker and the Department
must make a review decision within 30 days.
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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 http://www.oaic.gov.au/freedom-of-information/foi-reviews.
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 cal 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.
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.
Signed electronical y
Position number 60081621
Authorised Decision Maker | Freedom of Information Section
FOI and Records Management Branch
Data Division | Strategy and Law Enforcement Group
Department of Home Affairs
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