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Department's direction as to s48 barred applicants in relation to State nominations 190 and 491

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Dear Department of Home Affairs,

It is understood that various States government agencies in charge of State nominations for 190 and 491 visas are directed by the Department of Home Affairs not to nominate section 48 barred applicants in relation to their 190 and 491 nominations.

Please disclose the relevant directions and what the legal basis or government interests were there to implement this direction.

If this information is not true, please specifically advise accordingly.

Yours faithfully,

CP

FOI, Department of Home Affairs

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IMPORTANT INFORMATION

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FOI, Department of Home Affairs

OFFICIAL: Sensitive
Personal-Privacy

In reply please quote:
FOI Request: FA 21/09/00653
File Number: OBJ2021/28267

Dear CP,

Acknowledgement of Freedom of Information Access request
I refer to your correspondence received on 13 September 2021 seeking access to documents held by the Department of Home Affairs (the Department) under the Freedom of Information Act 1982 (the FOI Act).

Scope of request
You have requested access to the following:
It is understood that various States government agencies in charge of State nominations for 190 and 491 visas are directed by the Department of Home Affairs not to nominate section 48 barred applicants in relation to their 190 and 491 nominations.

Please disclose the relevant directions and what the legal basis or government interests were there to implement this direction.

If this information is not true, please specifically advise accordingly.

Your request was received by the Department on 13 September 2021 and has been allocated FOI request number FA 21/09/00653 . Please include your FOI request number in all correspondence with the Freedom of Information Section.

Timeframe for receiving your decision
The statutory timeframe for processing a request is 30 days from the date upon which your application was received by the Department.

Your review rights in relation to your request are available on the website of the Office of the Australian Information Commissioner here.

Exclusion of staff details
The Department’s policy is to exclude the personal details of staff not in the Senior Executive Service (SES), as well as the direct contact details of SES staff, contained in documents that fall within scope of an FOI request. If you require personal details of non-SES officers, or direct contact details of SES staff, please inform us so the decision maker may consider your request. Otherwise we will take it that you agree to that information being excluded from the scope of your request.

Duplicate documents
If the FOI decision-maker deems a document to be a duplicate, they will not assess those pages as part of your FOI request. This means that if a there is a decision to release the document to you, you will receive only one copy, even if multiple copies of that document exists.
Publication of document

Where documents are released to you in response to your request, the Department may be required to publish these documents on its website within 10 working days in accordance with section 11C of the FOI Act. Publication will not be required where the documents contain personal or business affairs information.

Contacting the FOI Section
Should you wish to discuss your request you may contact the FOI Section at [Department of Home Affairs request email].

Kind regards,

FOI Officer - Geoff
Freedom of Information
Department of Home Affairs

E: [Department of Home Affairs request email]

Personal-Privacy
OFFICIAL: Sensitive

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