09 November 2021
CP
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request: FA 21/09/00653
File Number:
OBJ2021/28267
Dear CP,
Freedom of Information (FOI) request - Access Decision
On 13 September 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 document:
It is understood that various States government agencies in charge of State nominations
for 190 and 491 visas are directed by the Department of Home Affairs not to nominate
section 48 barred applicants in relation to their 190 and 491 nominations.
Please disclose the relevant directions and what the legal basis or government interests
were there to implement this direction.
If this information is not true, please specifical y advise accordingly.
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 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)
• advice from Departmental officers with responsibility for matters relating to the
document to which you sought access
4
Document in scope of request
The Department has identified 0 documents as falling within the scope of your request.
4.1 Section 24A – No document exists
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.
I am satisfied that the Department has undertaken reasonable searches in relation to your
request and that no documents were in the possession of the Department on 13 September
2021 when your FOI request was received.
As such I am refusing access to the documents requested by you based on the application
of section 24A of the FOI Act
5
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.
6
Your Review Rights
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
a
t http://www.oaic.gov.au/freedom-of-information/foi-reviews.
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7
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.
8
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
Glen
Position number 60081621
Authorised Decision Maker | Freedom of Information Section
FOI and Records Management Branch
Data Division Strategy and National Resilience Group
Department of Home Affairs
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Document Outline
