1 September 2022
Lalit
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request: FA 22/08/00505
File Number: OBJ2022/21672
Dear Lalit,
Freedom of Information (FOI) request – Access Decision
On 6 August 2022, the Department of Home Af airs (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 documents:
Can you please provide an order of priority for picking up the applications for
subclass 186?
1. PMSOL / non-pmsol,
2. accredited/non-accredited sponsors
3. states
4. ANSCO code.
5. Or any other criteria.
Since we see a lot of applicants who had applied in early Feb march haven't got
any updates, while some of them who had applied in June have already received a
grant.
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.
6 Chan Street Belconnon ACT 2617
PO Box 25 Belconnen ACT 2616 • Email: xxx@xxxxxxxxxxx.xxx.xx • www.homeaffairs.gov.au
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
documents to which you sought access
4
Documents in scope of request
The Department has considered whether is holds documents that may meet the scope of your
request. Section 4 of the FOI Act provides that a document for the purposes of the Act does not
include:
(d) material maintained for reference purposes that is otherwise publicly available
The Department has undertaken reasonable searches in relation to the documents you have
requested access to. For the purposes of the FOI Act, as the information you have requested is
available publically, the Department finds that is does not hold any document.
Reasons for Decision
Section 4 of the FOI Act provides that a document for the purpose of the FOI Act does not include
material maintained for reference purposes that is otherwise publically available.
I have considered the scope of your request and find that the information in scope of this request
is publicly available on the Departmental website which may be accessed at the following link:
https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/skil ed-visa-processing-
priorities
As such, I am of the view that the objects of the FOI Act, in terms of providing the Australian
community access to this information, have been met.
The information you have requested is freely available on demand at the above location without
any need to formally request the information and wait for such a request to be processed.
Bypassing the FOI process and accessing the information in the public domain will significantly
reduce delays in obtaining the same information and ensure that the information is the most up-
to-date.
5
Decision
The decision in relation to the documents in the possession of the Department which fall within
the scope of your request is as follows:
• Refuse access in full
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.
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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 6 August 2022
when your FOI request was received. As such, I am refusing your request based on the
application of section 24A of the FOI Act.
6
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.
7
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.
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
https:/ www.oaic.gov.au/freedom-of-information/reviews-and-complaints/information-
commissioner-review/.
8
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.
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9
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.
Yours sincerely,
Signed electronically
Joanne
Position Number: 60100057
Authorised Decision Maker
Department of Home Affairs
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