28 June 2021
Xiaoly
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request: FA 21/06/00100
File Number: OBJ2021/16474
Dear Xiaoly,
I refer to your email dated 02 June 2021 in which you request access to documents held by
the Department of Home Affairs (the Department) under the Freedom of Information Act
1982 (the FOI Act).
I am writing to inform you that I intend to refuse your request on the grounds that a practical
refusal reason exists. However, before I proceed to a final decision, you have an opportunity
to revise your request to remove the practical refusal reason. This ‘request consultation
process’ now provides you with a consultation period of 14 days to respond in one of the
ways set out below.
Scope of Request
You have requested access to the fol owing:
1. Number of Australian citizenship by conferral applicants whose had been
approved and were waiting for a citizenship ceremony hosted by the Brisbane City
Council. (since October 2020)
2. Number of Australian citizenship applicants who attended citizenship ceremonies
per month in Brisbane City Council during period June 2020 to July 2021
Power to refuse request
Section 24 of the FOI Act provides that if the Department is satisfied that a practical refusal
reason exists in relation to a request, the Department must undertake a consultation
process with you, and if, after that consultation process, the Department remains satisfied
that the practical refusal reason stil exists, the Department may refuse to give you access
to the documents subject to the request.
6 Chan Street Belconnen ACT 2617
PO Box 25 Belconnen ACT 2616 Telephone: 02 6264 1111 Fax: 02 6225 6970 www.homeaffairs.gov.au
2
Practical refusal
A practical refusal reason exists if either (or both) of the fol owing applies:
(a)
the work involved in the processing of the request would substantial y and
unreasonably divert the resources of the Department from its other
operations
(b)
the request does not satisfy the requirement in section 15(2)(b) of the FOI
Act, which requires you to provide such information concerning the document
you are seeking access to, to enable the Department to be able to identify it.
Reasons for practical refusal
After undertaking searches with the relevant business area within the Department in relation
to the scope of your request, I consider that the request, in its current form, wil meet the
second practical refusal reason as the information provided in point 2 of scope does not
provide such information concerning the document you are seeking access to, to enable
the Department to be able to identify it.
Considering that your request was received on 02 June 2021 but seeks documents held by
the department after this date, we are of the view that the documents are not able to be
identified.
Based on our searches which have been conducted around the applicable timeframe given
in scope, we are able to provide a single figure (not broken down by month) of applicants
whose applications for Australian citizenship (conferral) had been approved since 1 October
2020 and who were waiting to attend an Australian citizenship ceremony at Brisbane City
Council (QLD). Based on the data to date, to break numbers down into monthly statistics
may potential y create a significant diversion of resources, which may then create the
conditions for a practical refusal under the first reason which is given above.
We now seek your assistance in revising the scope in ways which would remove the
practical refusal reason. If you are satisfied to revise the second point of scope by limiting
it to that information which the Department is able to provide without incurring a significant
diversion, please advise us by reply to this consultation notice within the applicable
timeframe. For clarify, this would mean that the second point of your scope could be revised
to:
As at 02 June 2021, the number of people whose applications for Australian citizenship
(conferral) had been approved since 1 October 2020 and who were waiting to attend an
Australian citizenship ceremony at Brisbane City Council (QLD).
Request Consultation Process
You now have an opportunity to revise your request to enable it to proceed.
Under section 24AB of the FOI Act, you have 14 days to respond to this notice in writing
and advise me whether:
you wish to make a revised request;
indicate that you do not wish to revise your request; or
withdraw your request.
3
If you do not do one of the three things listed above during the consultation period (14 days)
or you do not consult the contact person listed below during this period, your request wil be
taken to have been withdrawn in accordance with section 24AB(7) of the FOI Act.
Contact
Should you wish to revise your request or have any questions in relation to this process you
may contact me at xxx@xxxxxxxxxxx.xxx.xx.
Signed electronical y
Glen
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