Designation of Nauru

Currently waiting for a response from Department of Home Affairs, they should respond promptly and normally no later than (details).

Dear Department of Home Affairs,

I write to request access to documents under the Freedom of Information Act 1982.

I seek access to the following documents:

All documents relating to the Department's initial discovery/realisation that the designation of Nauru as a regional processing country had lapsed, and the communication of this fact to the Office of the Minister for Home Affairs or any other Minister/MO or Department.

This includes all correspondence or communications, and any notes thereof.

I look forward to receiving your decision.

Yours faithfully,

MBV

FOI, Department of Home Affairs

** This is an automated response. Please do not reply to this email **

 

IMPORTANT INFORMATION

 

Your email has been received by the Department of Home Affairs Freedom of
Information (FOI) Section.

 

The FOI section only responds to valid FOI requests and other matters
relating to the Freedom of Information Act 1982 (the FOI Act).  Visit the
FOI Information on our Website for more information on what [1]information
can be accessed under the FOI Act 1982.

 

What is a valid FOI request?

 

A valid FOI request may be for:

- documents you previously provided to the Department as part of a visa
application

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If your email is a valid FOI request, the Department will contact you
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A valid FOI request must:

o Be in writing and state the request is for consideration under the FOI
Act.
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Do not send duplicate emails as this may cause longer delays in processing
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You may be able to resolve your enquiry faster using these other resources

 

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General information about travelling to Australia:

 

The Department of Home Affairs, “Entering Australia” site
[3]https://immi.homeaffairs.gov.au/entering...

 

·       For visa and our requirements for entry to Australia
[4]https://immi.homeaffairs.gov.au/visas/ge...

For a copy of your visa refusal or visa grant letter you should contact
the office where you lodged your visa application. 

·       To check your current visa details and conditions use the
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·       For movement records or travel history complete the online
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requests.

 

 

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Thank you

Information updated 11 January 2022

 

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References

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FOI, Department of Home Affairs

OFFICIAL: Sensitive
Personal-Privacy

MBV
BY EMAIL: [FOI #9972 email]
In reply please quote:
FOI Request: FA 23/02/01348
File Number: FA23/02/01348

Dear MBV

I refer to your email dated 21 February 2023, in which you requested access to documents held by the Department of Home Affairs (the Department) under the Freedom of Information Act 1982 (the FOI Act).

You have requested access to the following:

All documents relating to the Department's initial discovery/realisation that the designation of Nauru as a regional processing country had lapsed, and the communication of this fact to the Office of the Minister for Home Affairs or any other Minister/MO or Department.

This includes all correspondence or communications, and any notes thereof.

Intention to refuse request

I am writing to advise you that I intend to refuse your request on the basis that a practical refusal reason exists. However, before I make a final decision to do this, you have an opportunity to revise your request to remove the practical refusal reason. This is called a ‘request consultation process’. You have 14 days to respond to this notice in one of the ways set out below.

Power to refuse request

Section 24 of the FOI Act provides that if the Department is satisfied that a practical refusal reason exists in relation to a request, the Department must undertake a consultation process with you, and if, after that consultation process, the Department remains satisfied that the practical refusal reason still exists, the Department may refuse to give you access to the documents subject to the request.

Practical refusal

A practical refusal reason exists under section 24AA of the FOI Act if either (or both) of the following applies:
(1)(a)(i) the work involved in the processing of the request would substantially and unreasonably divert the resources of the Department from its other operations
(1)(b) the request does not satisfy the requirement in section 15(2)(b) of the FOI Act, which requires you to provide such information concerning the document you are seeking access to, to enable the Department to be able to identify it.

I consider that the request does not satisfy the requirements of section 15(2)(b) of the FOI Act, and accordingly that practical refusal reasons exist under section 24AA(1)(b) of the FOI Act.

Reasons for practical refusal

The Department has considered the scope of this request and its capacity to conduct searches of relevance based on the current scope. The Freedom of Information Act 1982 provides a right to obtain access to “a document of an agency”. It is my preliminary view that your request, in its current form, does not satisfy the requirement in section 15(2)(b) of the FOI Act and is therefore not valid.

FOI and the relevant business area require your assistance to narrow down the scope of your request.

In consideration of the above, I am satisfied that the Department is currently unable to identify documents of relevance based on the information provided in scope. I consider that this would result in the decision maker being unable to certify that all relevant documents have been provided and considered in the assessment of this request and that a practical refusal reason exists in relation to this request.

As such, I am satisfied that your request is not valid and a practical refusal reason exists in this request.

Request Consultation Process

To enable the Department to consider your request for access under the FOI Act, the Department will require sufficient information concerning the specific existing documents you are seeking access to, so as to enable the Department to identify those documents.

You now have an opportunity to revise your request to enable it to proceed.

To assist with searches, you may wish to;

• Provide a specific date or timeframe. For example, 1 June 2022 to 30 June 2022, or as at 30 September 2022.
• Limit the scope to ‘written advice, briefings, correspondence, submissions, and meeting agenda’
For example: ‘Written advice, briefings, correspondence, submissions, and meeting agenda relating to the Department's initial discovery/realisation that the designation of Nauru as a regional processing country had lapsed, and the communication of this fact to the Office of the Minister for Home Affairs or any other Minister/MO or Department.’

Your request is currently not a valid request for the purposes of section 15(2)(b) of the FOI Act. As part of this practical refusal consultation, you have 14 days to do one of the following:

• withdraw your request;
• make a revised request;
• indicate that you do not wish to revise your request.

If you do not do one of the three things listed above during the consultation period (14 days) or you do not consult the contact person listed below during this period, the Department will take no further action with your request.
Contact
Should you wish to revise your request or have any questions in relation to this process, please do not hesitate to contact [Department of Home Affairs request email].

Kind regards

FOI Officer - Jade
Freedom of Information
Department of Home Affairs
E: [Department of Home Affairs request email]

Personal-Privacy
OFFICIAL: Sensitive

show quoted sections

Dear FOI,

I revise the scope of my request to the period 1 October 2022 to 20 February 2023.

I request ‘Written advice, briefings, correspondence, submissions, and meeting agenda relating to the Department's initial discovery/realisation that the designation of Nauru as a regional processing country had lapsed, and the communication of this fact to the Office of the Minister for Home Affairs or any other Minister/MO or Department.’

Yours sincerely,

MBV

FOI, Department of Home Affairs

OFFICIAL: Sensitive
Personal-Privacy

In reply please quote:

FOI Request:         FA 23/02/01348

File Number:         FA23/02/01348

Dear MBV

Acknowledgement of Freedom of Information Access request

This letter acknowledges that on 21 February 2023 the Department of Home
Affairs (the Department) received your request to access documents held
by  the Department under the Freedom of Information Act 1982 (the FOI
Act). This letter also provides important information about your request.

Scope of request

 

On 21 February 2023 you requested access to the following:

All documents relating to the Department's initial discovery/realisation
that the designation of Nauru as a regional processing country had lapsed,
and the communication of this fact to the Office of the Minister for Home
Affairs or any other Minister/MO or Department.
This includes all correspondence or communications, and any notes thereof.

On 23 February 2023 you amended the scope of your request to:

I revise the scope of my request to the period 1 October 2022 to 20
February 2023.

I request ‘Written advice, briefings, correspondence, submissions, and
meeting agenda relating to the Department's initial discovery/realisation
that the designation of Nauru as a regional processing country had lapsed,
and the communication of this fact to the Office of the Minister for Home
Affairs or any other Minister/MO or Department.’

Your request has been allocated FOI request number FA 23/02/01348. Please
include your FOI request number in all correspondence with the Freedom of
Information Section.

Timeframe

 

The timeframe for processing a request is 30 days from the day we receive
your request, as set out in the FOI Act.

 

Your review rights in relation to your request are available on [1]the
website of the Office of the Australian Information Commissioner.

Fees and Charges

Charges do not apply to requests from individuals seeking access to
documents about themselves. However, a charge may apply to all other
requests for access to documents.

Charges are based on the amount of time the Department spends on your
request. Charges can range from $10 to over $1,000 depending on the
complexity and scope of your request. The Office of the Australian
Information Commissioner reported that across the public service, the
average charge notified was $335.50 in 2020-21.

If a charge applies, you will be issued with a Notice of Charge that
explains the charge and your options.

Detailed information about FOI charges that may apply to your FOI request
is available on [2]the Department’s website.

We do not provide personal details of staff

 

The Department’s practice 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. However
names of staff that have previously been released in departmental
correspondence may be disclosed.

We do not provide duplicated 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 exist.

Publication of document

Released documents you request may be published to our website

 

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.

 

How to reduce or withdraw your request

 

Reducing the scope of your request can reduce the time and charges
associated with processing your FOI request.

 

To reduce or withdraw your request, contact the FOI section at
[3][Department of Home Affairs request email] and include your FOI request number.

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 - Jade

Freedom of Information

Department of Home Affairs

E: [4][Department of Home Affairs request email]

 

 

 

Personal-Privacy
OFFICIAL: Sensitive

 

 

Important Notice: The content of this email is intended only for use by
the individual or entity to whom it is addressed. If you have received
this email by mistake, please advise the sender and delete the message and
attachments immediately.  This email, including attachments, may contain
confidential, sensitive, legally privileged and/or copyright information.
 

Any review, retransmission, dissemination or other use of this information
by persons or entities other than the intended recipient is prohibited. 
The Department of Home Affairs and ABF respect your privacy and have
obligations under the Privacy Act 1988.  

Unsolicited commercial emails MUST NOT be sent to the originator of this
email.

References

Visible links
1. https://www.oaic.gov.au/freedom-of-infor...
2. https://www.homeaffairs.gov.au/access-an...
3. mailto:[Department of Home Affairs request email]
4. mailto:[Department of Home Affairs request email]

FOI, Department of Home Affairs

OFFICIAL: Sensitive
Personal-Privacy

In reply please quote:

FOI Request:         FA 23/02/01348

File Number:         FA23/02/01348

Dear MBV

I refer to your request received on 21 February 2023 for access to
documents under the FOI Act. 

The current due date for your request is 27 March 2023. 

In order for the Department to complete the process of retrieving all the
documents that fall within the scope of your request the Department will
require additional time to process your request.

The Department seeks your agreement under section 15AA of the FOI Act to
extend the timeframe for the processing of your request by 30 days.  This
would extend the due date for your request to Wednesday 26 April 2023.

It would assist the Department in managing its FOI caseload if you could
provide a response to this request by close of business, Monday 20 March
2023

If you wish to discuss this matter further, please do not hesitate to
contact me on the details below.

 

Kind regards

 

FOI Officer - Jade

Freedom of Information

Department of Home Affairs

E: [1][Department of Home Affairs request email]

 

 

Personal-Privacy
OFFICIAL: Sensitive

 

 

Important Notice: The content of this email is intended only for use by
the individual or entity to whom it is addressed. If you have received
this email by mistake, please advise the sender and delete the message and
attachments immediately.  This email, including attachments, may contain
confidential, sensitive, legally privileged and/or copyright information.
 

Any review, retransmission, dissemination or other use of this information
by persons or entities other than the intended recipient is prohibited. 
The Department of Home Affairs and ABF respect your privacy and have
obligations under the Privacy Act 1988.  

Unsolicited commercial emails MUST NOT be sent to the originator of this
email.

References

Visible links
1. mailto:[Department of Home Affairs request email]

Good morning, Jade.

I agree to the extension.

Yours sincerely,

MBV