19 January 2022
Tharun Thatikonda
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request: FA 21/12/00518
File Number: ADF2020/61138
Dear Tharun,
Freedom of Information (FOI) request - Access Decision
On 13 December 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.
You have requested access to the fol owing documents:
I request to provide information regarding total number of approved nominations by state of New South
Wales under subclass 190 visa til date in this financial year along with below details.
1) Nominations approved month wise.
2) Approved nominations along with occupation wise details and points related to it.
1
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.
2
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
3
Document in scope of request
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.
6 Chan Street Belconnen ACT 2617
PO Box 25 Belconnen ACT 2616 • Telephone: 02 6264 1111 • Fax: 02 6225 6970 • www.homeaffairs.gov.au
Searches
The Department does not hold an existing discrete document that contains the data you are seeking.
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 substantial y and unreasonably divert the resources
of the agency from its other operations (s17(2))
In
Col ection Point Pty Ltd v Commissioner of Taxation the full 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 taken (
Collection Point Pty Ltd v Commissioner of Taxation [2013] FCAFC 67
[20]).
The Department’s ordinary use of computer systems includes measures to provide the public with
access to Expression of Interest (EOI) data. The Department maintains a dashboard on its
Skil Select website to provide regular updates on EOI data:
https://immi.homeaffairs.gov.au/visas/working-in-australia/skil select
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 col ected 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 al reasonable
steps have been taken to locate any document relevant to your request.
4
Decision
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 your request and
that no documents were in the possession of the Department on 13 December 2021 when your FOI
request was received. As such, I am refusing your request based on the application of section 24A
of the FOI Act.
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5
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.
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 at https://www.oaic.gov.au/freedom-
of-information/foi-review-process.
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
Joanne
Position number 60100057
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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