IC Review for Deemed Refusal Decision by the Department of Home Affairs - Agency Reference FA25/10/01313
Dear Office of the Australian Information Commissioner,
Agency Reference: FA25/10/01313
I am writing to lodge an application for IC Review because the agency (Department of Home Affairs) did not make the FOI decision within the statutory timeframe.
This FOI request was received by the Department of Home Affairs (the Department) under the Freedom of Information Act 1982 (the FOI Act) on 17 October 2025. As it is now 25 January 2026, the Department has not finalized the FOI request referenced above.
A copy of the relevant correspondence relating to FA25/10/01313 is available here:
https://www.righttoknow.org.au/request/c...
A copy of my profile showing relevant FOI request is available here:
https://www.righttoknow.org.au/user/john...
Please confirm the receipt of this application and provide a relevant reference number.
Please also let me know if any further information is required.
Yours faithfully,
John
Thank you for your email which has been received by the Office of the
Australian Information Commissioner (OAIC).
Notice:
The information contained in this email message and any attached files may
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Our reference: MR26/00249
By email: [FOI #14223 email]
Receipt of your IC review application
Thank you for your application for Information Commissioner Review (IC review).
The OAIC service charter sets out the standard of service you can expect from the Office of the Australian Information Commissioner (OAIC) and explains how you can assist us to help you.
Information about the Information Commissioner review process is set out in:
• How we handle an IC review application.
• the Direction as to certain procedures to be followed by applicants in Information Commissioner reviews issued under s 55(2)(e)(i) of the FOI Act.
The OAIC is considering a large number of applications. Information about the OAIC’s IC review caseload and focus areas can be found at Caseload reports and focus areas.
The OAIC will be in contact with you regarding whether the OAIC is able to review your application and if so, whether the OAIC has commenced review of your application. The respondent agency or minister may also engage with you directly in relation to your IC review application if we decide to review its decision.
You may experience long delays as we review your application particularly if it does not involve an issue within the OAIC’s focus areas. The OAIC is not able to provide substantive updates on the progress of your application and is unable to accommodate requests to expedite matters.
You may wish to contact the agency that dealt with your FOI request to attempt to resolve the matter. Agencies are required to deal with FOI requests in accordance with the FOI Guidelines. These Guidelines may also assist you to make your submissions in your IC review.
Further information about the IC review process is outlined in Part 10 of the FOI Guidelines.
Yours sincerely
Office of the Australian Information Commissioner
-----Original Message-----
From: John <[FOI #14223 email]>
Sent: Sunday, 25 January 2026 1:31 AM
To: OAIC - FOI <[email address]>
Subject: Freedom of Information request - IC Review for Deemed Refusal Decision by the Department of Home Affairs - Agency Reference FA25/10/01313
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Dear Office of the Australian Information Commissioner,
Agency Reference: FA25/10/01313
I am writing to lodge an application for IC Review because the agency (Department of Home Affairs) did not make the FOI decision within the statutory timeframe.
This FOI request was received by the Department of Home Affairs (the Department) under the Freedom of Information Act 1982 (the FOI Act) on 17 October 2025. As it is now 25 January 2026, the Department has not finalized the FOI request referenced above.
A copy of the relevant correspondence relating to FA25/10/01313 is available here:
https://www.righttoknow.org.au/request/c...
A copy of my profile showing relevant FOI request is available here:
https://www.righttoknow.org.au/user/john...
Please confirm the receipt of this application and provide a relevant reference number.
Please also let me know if any further information is required.
Yours faithfully,
John
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Please use this email address for all replies to this request:
[FOI #14223 email]
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This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:
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Notice:
The information contained in this email message and any attached files may be confidential information, and may also be the subject of legal professional privilege. If you are not the intended recipient any use, disclosure or copying of this email is unauthorised. If you received this email in error, please notify the sender by contacting the department's switchboard on 1300 488 064 during business hours (8:30am - 5pm Local time) and delete all copies of this transmission together with any attachments.
Subject: OAIC - MR26/00249- Extension of time decision under s 54T of the
FOI Act
Our reference: MR26/00249
Agency reference: FA25/10/01313
By email: [1][FOI #14223 email]
Extension of time decision under s 54T of the FOI Act
Dear John,
I refer to your IC review application about a deemed access refusal
decision made by the Department of Home Affairs (the Agency) under the
Freedom of Information Act 1982 (the FOI Act). As your IC review
application has been made outside of the 60-day timeframe in s 54S of the
FOI Act due to a deemed access refusal, I have considered the lodgement of
your IC review application to be an extension of time request under s 54T
of the FOI Act pursuant to para. 10.48 of the Freedom of information
guidelines.
Your IC review application has been made outside of the statutory
timeframe in s 54S of the FOI Act, as indicated by the following timeline:
17 October 2025: FOI request made (due 16 November 2025)
16 November 2025: Deemed refused
15 January 2026 : Last day for applying for IC review under s 54S
25 January 2026: IC review application received (10 days overdue)
As a delegate of the Information Commissioner, I am authorised to make
decisions on extension of time requests under s 54T of the FOI Act.
In making my decision under s 54T of the FOI Act, I have considered the
following factors:
• The length of the delay in applying for IC review is 10 days which is
not a significant period.
• You have experienced a delay by the Department in the processing of
your FOI request of 17 October 2025
• Given the time taken for the Agency to process your request, I
consider that there is unlikely any prejudice to the Agency and the
general public due to the delay.
Based on the information before the OAIC, I am satisfied that granting an
extension of time under s 54T of the FOI Act is reasonable in all the
circumstances.
I have decided under s 54T of the FOI Act to grant your extension of time
request.
As such, your IC review is taken to have been lodged within the statutory
timeframe. We will write to you about the progress of your IC review in
due course.
If you would like to discuss this matter, I can be reached by email at
[2][email address]. Please quote the reference number at the top of this
email in all correspondence.
Review rights
Judicial review
If you disagree with the OAIC’s decision you can apply to the Federal
Court of Australia or the Federal Circuit Court for a review of a decision
of the Information Commissioner if you think that a decision by the
Information Commissioner to grant an extension of time is not legally
correct. You can make this application under the Administrative Decisions
(Judicial Review) Act 1977.
The Court will not review the merits of your case but it may refer the
matter back to the Information Commissioner for further consideration if
it finds the decision was wrong in law or the Information Commissioner’s
powers were not exercised properly.
An application for review must be made to the Court within 28 days of the
OAIC sending the decision to you. You may wish to seek legal advice as the
process can involve fees and costs. Please contact the Federal Court
registry in your state or territory for more information, or visit the
Federal Court website at [3]http://www.fedcourt.gov.au/.
Making a complaint to the Commonwealth Ombudsman
If you believe you have been treated unfairly by the OAIC, you can make a
complaint to the Commonwealth Ombudsman (the Ombudsman). The Ombudsman's
services are free. The Ombudsman can investigate complaints about the
administrative actions of Australian Government agencies to see if you
have been treated unfairly.
If the Ombudsman finds your complaint is justified, the Ombudsman can
recommend that the OAIC reconsider or change its action or decision or
take any other action that the Ombudsman considers is appropriate. You can
contact the Ombudsman's office for more information on 1300 362 072 or
visit the Commonwealth Ombudsman’s website at
[4]http://www.ombudsman.gov.au.
Accessing your information
If you would like access to the information that we hold about you, please
contact [5][email address]. More information is available on
the [6]Access our information page on our website.
Kind regards,
Lara
[7][IMG] Intake and Eligibility Branch
Office of the Australian Information Commissioner
Sydney | GPO Box 5288 Sydney NSW 2001
P: 1300 363 992
W: [8]Enquiry form
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people, cultures
and Elders past and present.
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Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.
References
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