Date: Thu, 27 Jan 2022 22:35:36 +1100
Subject: Internal review of Freedom of Information request - Visa applications information
From: Johny Sebastian <xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx>
To: FOI requests at Department of Home Affairs <xxx@xxxxxxxxxxx.xxx.xx>

Dear Department of Home Affairs,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Department of Home Affairs's handling of my FOI request 'Visa applications information'.

I am a member of the public and making a serious and urgent complaint regarding how the FOI department of DHA has handled my latest FOI request.

Australian Government agencies have a statutory obligation to process FOI requests within the statutory processing period, which is 30 days unless it is extended as permitted under the FOI Act. As stated at paragraph 3.139 of the OAIC’s Guidelines under s 93A of the FOI Act (FOI Guidelines):

An agency or minister must, as soon as practicable, and no later than 30 days after receiving a request, take all reasonable steps to enable the applicant to be notified of a decision on the request (s 15(5)(b)).

I have been sending regular follow up regarding my FOI request lodged on 19 Dec 2021 but I haven't received any response yet.

My FOI application detail is:

FOI Request: FA 21/12/00745
File Number: OBJ2021/36359

By law, you should normally have responded promptly and by January 18, 2022.

Because of unresponsiveness and non-accountability, I sought an internal review but the review response said that the department hasn't made any decision to my request.

I am surprised why the department hasn't made any decision even after 30 days of my FOI application.

I would like to state clearly for the record that this is not acceptable by law and morals, and I expect you to meet the statutory timeframes as stated on the FOI acknowledgement sent to me on December 21, 2021.

I would like to remind DHA of this report by OAIC where there are numerous recommendations to avoid circumstances like this.

https://www.oaic.gov.au/__data/assets/pdf_file/0021/8562/department-of-home-affairs-cii-report-including-secretary-comments.pdf

I expect an immediate response as soon as possible.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/visa_applications_information

Thank you.
Johny Sebastian



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