30 April 2021
Rabeed Sajjad
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request: FA 21/04/00638
File Number:
OBJ2021/11840
Dear Rabeed Sajjad
Freedom of Information (FOI) request - Access Decision
On 14 April 2021, 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. Visa applications on hand for subclass 189 (points tested) for occupation 261313
as at 10/04/2021
2. Visa applications Granted for subclass 189 (points tested) for occupation 261313
by activity month, from 01/07/2020 as at 10/04/2021.
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.
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)
5 Chan Street Belconnen ACT 2617
PO Box 25 Belconnen ACT 2616 • Telephone: 02 6264 1111 • Fax: 02 6225 6970
• www.homeaffairs.gov.au
• 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 falls within the scope of your
request. The data produced in the document existed in the possession of the Department
on 14 April 2021 when your FOI request was received.
5
Decision
The decision in relation to the document in the possession of the Department which fall
within the scope of your request is as follows:
• Release one document in full.
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.
The Department has undertaken reasonable searches for data as at 10/04/2021 in part 1
of the scope, however the Department only holds data as at 31 March 2021 and is therefore
unable to produce this data in a discrete form.
The Department has also undertaken reasonable searches for data for the activity months
of 31/07/2020 and 31/10/2020 in relation to part 2 of scope, however the Department only
holds data from the activity months provided in the released document. Therefore, the
Department is unable to produce this data in a discrete form.
I am satisfied that the Department has undertaken reasonable searches in relation to your
request for documents that contain data as at 10/04/2021 in part 1 of the scope and data
for the activity months of 31/07/2020 and 31/10/2020 in part 2 of scope, but that such data
is not available in Departmental systems. As such, I am refusing your request for
documents relating to part 1 and part 2 of scope based on the application of section 24A
of the FOI Act.
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
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 t
o: 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.
9
Contacting the FOI Section
Should you wish to discuss this decision, please do not hesitate to contact the FOI Section
a
t xxx@xxxxxxxxxxx.xxx.xx.
Glen
Position number 60081621
Authorised Decision Maker
Department of Home Affairs
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Document Outline