Information on identity assessments

Jay Doe made this Freedom of Information request to Department of Home Affairs

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Dear Department of Home Affairs,

May I please request under the Freedom of Information Act the following:

1) Any training material, policy documents/emails, guidelines regarding the assessment of identity. In particular those regarding the assessment of identity for stateless people, protection visa applicants and other cohorts where identity documents are a concern for the department (eg Afghans, Sri Lankans, etc).

To narrow the scope of the search, I am interested in how citizenship and protection visa processing officers assess identity and what guidelines/training/policy they have been guided by.

2) A copy of and information about an "identity toolkit". This is mentioned in paragraph 62 of BMF16 v Minister for Immigration and Border Protection [2016] FCA 1530 (link: http://www8.austlii.edu.au/cgi-bin/viewd...)

3) A copy of the "risk-based quality assurance program" which is used in the assessment of citizenship applications and any documents associated with it. This is mentioned in paragraph 86 of the same court case.

Thank you.

Yours faithfully,

Jay Doe

FOI, Department of Home Affairs

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Information updated 8 January 2018

 

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References

Visible links
1. http://www.border.gov.au/Trav/Visi
2. http://www.border.gov.au/Trav/Visa-1
3. http://www.border.gov.au/about/contact/o...
4. http://www.border.gov.au/about/contact/o...
5. https://www.mara.gov.au/
6. https://www.border.gov.au/Trav/Visa/Immi...
7. http://www.border.gov.au/Forms/Documents...
8. http://www.border.gov.au/Trav/Citi
9. http://www.border.gov.au/FormsAndDocumen...
10. http://www.border.gov.au/Forms/Documents...
11. http://www.border.gov.au/Lega/Lega/Form/...
12. http://www.border.gov.au/Forms/Documents...
13. http://www.border.gov.au/about/contact/o...
14. http://www.border.gov.au/Forms/Documents...
15. http://www.border.gov.au/about/contact/o...
16. http://www.border.gov.au/Trav/Ente/Duty-...
17. http://www.border.gov.au/about/contact/m...

FOI, Department of Home Affairs

UNCLASSIFIED

In reply please quote:

FOI Request:         FA 18/08/01346

File Number:          ADF2018/182770

Dear Jay

Acknowledgement of Freedom of Information Access request

I refer to your correspondence received on 24 August 2018 seeking 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:

1) Any training material, policy documents/emails, guidelines regarding
the assessment of identity. In particular those regarding the assessment
of identity for stateless people, protection visa applicants and other
cohorts where identity documents are a concern for the department (eg
Afghans, Sri Lankans, etc).

To narrow the scope of the search, I am interested in how citizenship and
protection visa processing officers assess identity and what
guidelines/training/policy they have been guided by.

2) A copy of and information about an "identity toolkit". This is
mentioned in paragraph 62 of BMF16 v Minister for Immigration and Border
Protection [2016] FCA 1530 (link:
[1]http://www8.austlii.edu.au/cgi-bin/viewd...)

3) A copy of the "risk-based quality assurance program" which is used in
the assessment of citizenship applications and any documents associated
with it. This is mentioned in paragraph 86 of the same court case.

Your request was received by the Department on 24 August 2018 and has been
allocated FOI request number FA 18/08/01346. Please include your FOI
request number in all correspondence with the Freedom of Information
Section.

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Contacting the FOI Section

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[2][DIBP request email].

 

FOI Officer | Freedom of Information Section

FOI and Records Management

Productivity and Compliance Division | Corporate and Enabling Group

Department of Home Affairs
UNCLASSIFIED

 

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. http://www8.austlii.edu.au/cgi-bin/viewd...
2. mailto:[DIBP request email]

Dear FOI,

May I know the status of my FOI assessment? Thank you

Yours sincerely,

Jay Doe

Verity Pane left an annotation ()

Hi Jay,

As the agency did not issue a decision notice before the s 15(5)(b) deadline expired, and there was no activity that stopped the clock, your FOI received a deemed refusal response from the agency on 24 September 2018.

The principal officer of the agency or minister is taken to have made a decision to refuse access to the document on the last day of the s 15(5)(b) decision period. Agencies are required to continue to process an FOI request even where the statutory timeframe has expired and an extension of time has been refused or not sought. The expiry of the timeframe gives the applicant the right to apply for review of a deemed decision — it does not remove the agency's obligation to process the request.

The consequence of a deemed refusal is that an applicant may apply for IC review (s 54L(2)(a)) to the OAIC. In addition, once the time has expired and there is a deemed decision, the agency or minister cannot impose a charge for access (see Part 4 of the OAIC FOI Guidelines).

Be advised though, that IC review must be applied for within 60 days of being notified of the minister’s or agency’s decision. Given the deemed decision, if the agency still hasn’t responded, you should not leave any IC Review application any later than Friday, 23 November 2018.

All the best,

Verity