15 July 2021
Tharun Thatikonda
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request: FA 21/06/01437
File Number:
OBJ2021/19442
Dear Tharun Thatikonda
Freedom of Information (FOI) request - Access Decision
On 23 June 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:
In recent budget documents government announced that 2021-22 Migration
program planning levels wil be at 160,000, and family and skil ed stream places wil
be maintained at their 2020-21 planning levels.
I request the department to release the details regarding stream and category like
how many visas are allocated to SC 189, SC 190, and partner visa etc...,
For FY 2021-22.
In addition, I request DHA to release details of allocations given to state and
territories for the FY 2021-22.
Finally, I request DHA to release details of consultations made with
New South Wales government in deciding state nomination allocations for the
FY 2021-22.
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 documents 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)
• 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 advises the information you have requested for parts 1 – 3 of your request
is publicly available through the following link:
https://immi.homeaffairs.gov.au/what-we-do/migration-program-planning-levels
The final part of your request seeks details of consultations made with New South Wales
government in deciding state nomination allocations for the FY 2021-22. The Department
advises that consultations made with the New South Wales government included:
1. On 19 January 2021 the Minister for Immigration, Citizenship, Migrant Services and
Multicultural Affairs wrote to State and Territory First Ministers seeking their views
on the size and composition of the permanent Migration Program for 2021-22.
2. On 28 January 2021 representatives from the New South Wales government
attended a virtual roundtable 2021-22 Migration Program consultation meeting with
the Department of Home Affairs and other State and Territory government
representatives.
3. On 12 April 2021, the Assistant Secretary Immigration and Policy Framework
Branch wrote to NSW State government representative seeking NSW preferred
number of nominations for the 2021-22 program year, in each of the following three
visa categories:
• Skilled Nominated (subclass 190) visa;
• Skil ed Work Regional (subclass 491) visa; and
• Business Innovation and Investment Program.
5
Decision
My decision in relation to documents falling within the scope of your request is as follows:
• Refuse your request.
Section 4(1)(d) of the FOI Act provides that a document for the purpose of the FOI Act does
not include material maintained for reference purposes that is otherwise publicly available.
If the Department did hold any documents falling within the scope of your request,
I consider that you are not entitled to access to those documents, in accordance with
section 4(1)(d) 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
wil 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.
[signed electronically]
Karla
Position No.60006174
Authorised Decision Maker
Department of Home affairs
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