15 December 2021
Mehta, Ray
BY EMAIL:  xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request: FA 21/10/00909
File Number: OBJ2021/31215
Dear Mehta,
Freedom of Information (FOI) request - Access Decision
On 20 October 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 fol owing documents:

Kindly provide the below data for Visa applications decided between 1 July 2018 til  date
(20 October 2021) where a registered migration agent or an authorised recipient was
used.

- Visas Granted where the application is represented by a registered migration agent
- Visas refused where the application is represented by a registered migration agent

And for the same years:

- Visa granted where the application is unrepresented or represented by a person who
is not a registered migration agent.
- Visa refused where the application is unrepresented or represented by a person who
is not a registered migration agent.

Please provide separate statistics for the above for at least each of the following visa
subclasses:

Student for Subclass 500
Visitor Visa for Subclass 600
Skil ed for Subclass 189, 190
Partner for Subclass 309, 100.

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
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.

3
Relevant material
In reaching my decision I referred to the following:
•  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 falls within the scope of your
request. The data produced in the document existed in the possession of the Department
on 20 October 2021 when your initial FOI request was received.
5
Decision
The Department has consulted with the relevant area of the business in relation to the
documents you have requested access to and finds no relevant document holdings with
some parts of the scope of your request:

Student for Subclass 500 - Visa granted and refused where the application is
unrepresented or represented by a person who is not a registered migration agent. Data
provided only allows reporting over a discrete 12 month period therefore, there is no data
from 1 July 2021 to 20 October 2021.

Visitor Visa for Subclass 600 – Visas granted and refused where the application is
represented by a registered migration agent; Visa granted and refused where the
application is unrepresented or represented by a person who is not a registered migration
agent

Skil ed for Subclass 189, 190 - Visa granted and refused where the application is
unrepresented or represented by a person who is not a registered migration agent

Partner for Subclass 309, 100 - Visas granted and refused where the application is
represented by a registered migration agent; Visa granted and refused where the
application is unrepresented or represented by a person who is not a registered migration
agent

Searches
The Department does not hold an existing discrete document that contains the data you
are seeking.
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link to page 3

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 collating 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 collating stored information, and
•  producing a written document would not substantially and unreasonably divert the
resources of the agency from its other operations (s17(2))

In Collection 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.
The Department’s ordinary use of computer systems includes measures to produce regular
reports on citizenship data; however the data you have requested is of a type that is not
produced as part of this regular business reporting cycle.
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.
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 collected to that level of 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 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 fall within the scope of
your request I am satisfied that the searches conducted were extremely thorough and all
reasonable steps have been taken to locate any document relevant to your request.
The decision in relation to the documents in the possession of the Department which
address parts of the scope:

‘Student for Subclass 500 - Visa granted and refused where the application is
represented by a registered migration agent’

‘Skil ed for Subclass 189, 190 - Visa granted and refused where the application is
represented by a registered migration agent’ is as follows:
•  Release one document in full



1 Collection Point Pty Ltd v Commissioner of Taxation [2013] FCAFC 67 [20].
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The decision in relation to that part of scope which seeks information is as follows:
  Student for Subclass 500 - Visa granted and refused where the application is
unrepresented or represented by a person who is not a registered migration agent.
Data provided only allows reporting over a discrete 12 month period therefore, there
is no data from 1 July 2021 to 20 October 2021.
  Visitor Visa for Subclass 600 – Visas granted and refused where the application is
represented by a registered migration agent; Visa granted and refused where the
application is unrepresented or represented by a person who is not a registered
migration agent

Skil ed for Subclass 189, 190 - Visa granted and refused where the application is
unrepresented or represented by a person who is not a registered migration agent

Partner for Subclass 309, 100 - Visas granted and refused where the application is
represented by a registered migration agent; Visa granted and refused where the
application is unrepresented or represented by a person who is not a registered
migration agent:
•  Refuse in full
5.1  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 that
part of your request which seeks information relating to the refusal of access and that no
documents were in the possession of the Department on 20 October 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
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
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.
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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
at xxx@xxxxxxxxxxx.xxx.xx.

Signed electronically
Min Ai
Position number 60120967
Authorised Decision Maker | Freedom of Information Section
FOI and Records Management Branch
Strategy and National Resilience Group
Department of Home Affairs

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Document Outline