FOI ref: 2022/0065
3 June 2022
Dear Ms Charlotte Notice of Decision for Freedom of Information Request no. 2022/0065
The purpose of this letter is to give you a decision about access to documents that you
have requested under the Freedom of Information Act 1982
I am an officer authorised under s 23(1) of the FOI Act to make decisions in relation to
You lodged an FOI request on 16 May 2022 for access to: “the number of cases where
anyone (whether or not an applicant) requested a withdrawal (whether or not the
withdrawal took effect) of review applications in the Migration and Refugee Division of
the AAT within the last two years (1 May 2020 to 1 May 2022)”
On 24 May 2022 I contacted you to discuss the scope of your request based on
documents that the Tribunal possesses or can produce using technology that is
available under s 17 of the FOI Act. You responded on the same date and amended
your scope to “the number of withdrawn outcomes
The information you requested is not available in discrete form in written documents,
however, a document was able to be produced using computer reports via the Tribunal’s
case management system. Therefore, your request was processed under s 17 of the
I have decided to release these documents to you in full.
I have taken the following into account in making my decision:
• your email received on 16 May 2022 and the revised scope of 24 May 2022
• the FOI Act, specifically section 17
• the guidelines issued by the Australian Information Commissioner under s 93A of
the FOI Act.
Level 6, 83 Clarence Street
T: 02 9276 5000 or 1800 228 333
National Relay Service
SYDNEY NSW 2000
F: 02 9276 5599
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ABN 90 680 970 626
Your review rights
Information about how you can apply for a review of this decision or complain about how
we have dealt with this matter is set out in the attached fact sheet, FOI 2.
If you have any questions about this decision, please contact me at email@example.com.
Authorised FOI Officer (APS 6) Attachments
Attachment A – MRD Withdrawn Outcome: 1 May 2020 – 1 May 2022
FOI 2 – Information about reviews and complaints under the Freedom of Information Act
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Information about reviews and complaints under the
Freedom of Information Act
What should I do prior to applying for internal review or contacting the
Office of the Australian Information Commissioner?
Before you apply for an internal review or contact the Office of the Australian Information
Commissioner, we recommend that you telephone the officer who made the FOI
decision. It is often possible to resolve concerns or answer your questions using this
approach and, if not, the officer will be able to assist you in applying for review.
How do I apply for internal review to the AAT?
You can apply to us for an internal review of the FOI decision. The application for
internal review must be made within 30 days or such further period as we allow, after the
day the decision is notified to you. To apply for an internal review you must do so in
writing. You may also wish to explain why you are not satisfied with the decision. A
different and more senior officer authorised under the Freedom of Information Act 1982
(the FOI Act) will conduct the internal review and make a new decision within 30 days
after receipt of your application.
If you have already applied for internal review and want to seek a further review of that
decision, you will need to apply to the Australian Information Commissioner.
How do I apply for review to the Australian Information Commissioner?
You may also apply directly to the Australian Information Commissioner for review of the
FOI decision. The application for review must be made within 60 days after the day
notice of the decision was given. An application for review must be in writing, include
details of how notices in relation to the review are to be sent to you and include a copy
of the decision. You may also wish to explain why you are not satisfied with the decision.
An online application form is available on the Office of the Australian Information
Commissioner’s website, details of which are provided below.
What if I want to make a complaint about the handling of a Freedom of
If you have a complaint about the way in which we have processed your request for
access under the FOI Act you can ask the Australian Information Commissioner to
investigate. An online complaint form is available on the Office of the Australian
Information Commissioner’s website, details of which are provided below.
Where can I find further information or contact details for the Office of the
Australian Information Commissioner?
Further information is available on the Office of the Australian Information
Commissioner’s website at www.oaic.gov.au
and you can contact the office on 1300 363
992 or by email at firstname.lastname@example.org.
FOI 2 (July 2016)
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