FOI ref: 2022/0096
23 June 2022
Bee Mate
Email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Bee Mate
Freedom of Information Request no. 2022/0096
I refer to your request for access to documents under the
Freedom of Information Act
1982 (FOI Act) received on 1 June 2022.
You have requested access as follows:
For the years 2017-2022, please release the following information where
Member De-Anne Kelly made decisions in relation to RSMS nomination review
applications.
1) Number of cases which she heard
2) Number of cases in which she set aside the original refusal
3) Number of cases in which she affirmed the original refusal
4) Number of cases which were appealed to the Federal Circuit Court of
Australia or Federal Circuit and Family Court of Australia
5) List of published cases which were subject of 1) above
6) How many RSMS nomination cases does she hold at the moment?
I consulted with our Analysis and Reporting team regarding obtaining reports providing
the information which you have requested. I have been advised that the Tribunal
systems we use to record relevant data are unable to produce reports dif erentiating the
RSMS nomination review cases (that are linked to subclass 187 visas) from the
Employer Nomination Scheme (ENS) nomination review cases (that are linked to
subclass 186 visas).
As we are unable to extract the RSMS related data only, we are likely to refuse your
request. This is called a ‘practical refusal reason’ under section 24AA(1)(b) of the FOI
Act.
Before I make a final decision, I wish to provide you with an opportunity to revise your
request to include both RSMS and ENS nominations.
Within 14 days after the date this notice is given to you, you must do one of the
following, in writing:
Level 6, 83 Clarence Street
T: 02 9276 5000 or 1800 228 333
National Relay Service
SYDNEY NSW 2000
F: 02 9276 5599
www.relayservice.gov.au
GPO Box 9955 Sydney NSW 2001
E: xxx@xxx.xxx.xx
ABN 90 680 970 626
www.aat.gov.au
• withdraw your request
• revise your request to include both RSMS and ENS nomination cases
• advise me that you do not wish to revise your request.
If you do not contact me or provide writ en notice within the 14 day period, your FOI
request wil be taken to have been withdrawn under section 24AB(7) of the FOI Act.
The 30 day statutory timeframe for processing your FOI request is suspended from the
date you receive this letter, and wil resume on the day you revise your request or
indicate that you do not wish to revise your request.
If you agree to revise your request, we also ask that you agree to extend the time to
process your request by a further 8 weeks to enable the data to be retrieved from our
systems.
If you have any questions, please contact me a
t xxx@xxx.xxx.xx.
Yours sincerely,
Loga R
Loga R
Authorised FOI Of icer (APS 6)
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Level 6, 83 Clarence Street
T: 02 9276 5000 or 1800 228 333
National Relay Service
SYDNEY NSW 2000
F: 02 9276 5599
www.relayservice.gov.au
GPO Box 9955 Sydney NSW 2001
E: xxx@xxx.xxx.xx
ABN 90 680 970 626
www.aat.gov.au