07 June 2022
Jay
BY EMAIL:  xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request:
FA 22/05/01240
File Number:
OBJ2022/13219
Dear Jay,
Freedom of Information (FOI) request - Access Decision
On 26 May 2022, 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:
I was wondering if there was any data in relation to the time taken for visa grants calculated from
  the first S56 request issued by the department for partner (820/801) visas
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.
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

6 Chan Street Belconnen ACT 2617
PO Box 25 Belconnen ACT 2616 • Telephone: 02 6264 1111 • Fax: 02 6225 6970 • www.homeaffairs.gov.au

4
Document in scope of request
The Department has identified 0 documents as fal ing within the scope of your request.
Visa processing times are not available for the time taken to process applications to
finalisation from the time that requests for additional information are sent to applicants in
accordance with Section 56 of the Migration Act 1958.
Processing times for first stage Partner (Temporary) (subclass 820) visa applications are
calculated from the date of application lodgement.  For second stage Partner (Residence)
(subclass 801) visa applications, processing times are generally calculated from the date
of eligibility for assessment.
Indicative processing timeframes for Partner and other visas are published monthly on the
Department of Home Affairs’ website at: https:/ immi.homeaffairs.gov.au/visas/getting-a-
visa/visa-processing-times/global-visa-processing-times
Partner visa applications involve a two stage process, and the two applications must be
lodged together.  That is, the Partner (Temporary) (subclass 820) visa is lodged with the
Partner (Residence) (subclass 801) visa. Second stage Partner applications generally
become eligible for assessment two years after lodgement of the combined first and second
stage application.
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 26 May 2022
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
Internal Review
If you disagree with this decision, you have the right to apply for an internal review by the
Department of this decision.  Any request for internal review must be provided to the
Department within 30 days of you being notified of the decision.  Where possible please
attach reasons why you believe a review of the decision is necessary.  The internal review
wil  be carried out by an officer other than the original decision maker and the Department
must make a review decision within 30 days.
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Applications for review should be sent to:
By email to: xxx.xxxxxxx@xxxxxxxxxxx.xxx.xx
OR
By mail to:
Freedom of Information Section
Department of Home Affairs
PO Box 25
BELCONNEN ACT  2617

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.

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