procedural guidance for processing applications for the Subclass 500 (Student) visa (Class TU).

ray mehta made this Freedom of Information request to Department of Home Affairs

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Dear Department of Home Affairs,

Kindly please provide procedural guidance for processing applications for the
Subclass 500 (Student) visa (Class TU).

Yours faithfully,

Ray Mehta

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
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enquiry.

 

General information regarding travelling to Australia

Information for visitors to Australia can be found [1]here.

Information regarding potential visa options can be found [2]here.

 

Request for a copy of your Visa Refusal or Visa Grant letter

If you have lost or misplaced correspondence regarding your Visa Refusal
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Details of our offices located around the world can be found [3]here.

 

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You can check your visa details and conditions on the Department’s Visa
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If you are experiencing technical difficulties in lodging your visa
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because your visa might be affected.

Information can be found [12]here about how to notify the Department of a
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Information relating to duty free concessions can be found [13]here.

 

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If you have a question, which has not been answered above, and which is
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[15]https://www.homeaffairs.gov.au/help-and-...

 

Afghanistan situation and contacting the Department of Home Affairs:

Thank you for your email. Foreign nationals, including from Afghanistan,
need a valid visa to enter Australia.  People will not be able to settle
in Australia if they arrive illegally.

 

The Government is working to ensure that visa options continue to be
available to Afghan nationals, both within Afghanistan and those displaced
from their home country, through Australia’s long-standing Humanitarian
Program. Priority is given to persecuted minorities, women and children,
and those who have links to Australia. All applicants must meet the visa
criteria including character, security and health requirements. Afghan
nationals who meet the requirements for a humanitarian visa and wish to
seek Australia’s help are strongly encouraged to make an application. 

 

Information on the process for making an application for Australia’s
Humanitarian Program is available on the Department of Home Affairs
[16]website.

 

In addition to the Humanitarian Program, there are other [17]visa options
available for people who wish to migrate on the basis of their skills or
family relationships in Australia. 

 

Note: The correct process must be followed to make a valid application.
You cannot apply by sending an email to the Minister’s Office or to a
general Departmental mailbox.  

 

 

Thank you

 

Information updated 30 August 2021

 

Important Notice: The content of this email is intended only for use by
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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. https://immi.homeaffairs.gov.au/visas/al...
5. http://www.border.gov.au/about/contact/o...
6. https://www.mara.gov.au/
7. https://www.border.gov.au/Trav/Visa/Immi...
8. https://immi.homeaffairs.gov.au/citizens...
9. https://immi.homeaffairs.gov.au/citizens...
10. https://immi.homeaffairs.gov.au/entering...
11. https://immi.homeaffairs.gov.au/entering...
12. https://immi.homeaffairs.gov.au/change-i...
13. http://www.border.gov.au/Trav/Ente/Duty-...
14. http://www.border.gov.au/about/contact/m...
15. https://www.homeaffairs.gov.au/help-and-...
16. https://immi.homeaffairs.gov.au/visas/ge...
17. https://immi.homeaffairs.gov.au/visas/ge...

hide quoted sections

FOI, Department of Home Affairs

OFFICIAL: Sensitive
Personal-Privacy

In reply please quote:
FOI Request: FA 21/11/00036
File Number: OBJ2021/31968

Dear Ray Mehta

I refer to your email dated 29 October 2021 in which you request access to information documents held by the Department of Home Affairs (the Department) under the Freedom of Information Act 1982 (the FOI Act).

I am writing to advise you that your request is not valid for the purposes of section 15(2)(b) of the FOI Act, and to provide you with an opportunity to revise your request so that it is a valid request. This is called a ‘request consultation process’. You have 14 days to respond to this notice in one of the ways set out below.

Scope of Request

You have requested access to the following:

Kindly please provide procedural guidance for processing applications for the Subclass 500 (Student) visa (Class TU).

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 if either (or both) of the following applies:
(a) the work involved in the processing of the request would substantially and unreasonably divert the resources of the Department from its other operations
(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.

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.

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.

In order to process your request, the Department needs clarification on the following parts of the scope.
• Procedural guidance: Please clarify the specific information or documents required, for example legislation, or policy.
• Processing: Please clarify which part of visa processing is required, for example, registration, or assessment.

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

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

Jade
Position number: 60107422
Authorised FOI Officer
FOI and Records Management Branch | Data Division Strategy and National Resilience Group Department of Home Affairs
E: [Department of Home Affairs request email]

Personal-Privacy
OFFICIAL: Sensitive

-----Original Message-----
From: ray mehta <[FOI #8038 email]>
Sent: Friday, 29 October 2021 9:08 PM
To: FOI <[Department of Home Affairs request email]>
Subject: CM: Freedom of Information request - procedural guidance for processing applications for the Subclass 500 (Student) visa (Class TU).

Dear Department of Home Affairs,

Kindly please provide procedural guidance for processing applications for the Subclass 500 (Student) visa (Class TU).

Yours faithfully,

Ray Mehta

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[FOI #8038 email]

Is [Department of Home Affairs request email] the wrong address for Freedom of Information requests to Department of Home Affairs? If so, please contact us using this form:
https://www.righttoknow.org.au/change_re...

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:
https://www.righttoknow.org.au/help/offi...

Please note that in some cases publication of requests and responses will be delayed.

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

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.

hide quoted sections

Dear Jade,

Please see the clarified request below.

The documents I requested were earlier released in response to an earlier FOI.

Link to document: https://www.homeaffairs.gov.au/foi/files...

- Kindly provide the latest version of the document released in above FOI.
- Kindly provide any other document of department policy regarding assessment of Subclass 500 applications from onshore and offshore.

Thanking you,
Kind Regards,
Ray Mehta

FOI, Department of Home Affairs

OFFICIAL: Sensitive
Personal-Privacy

Dear Ray Mehta

Thank you for your email and revising the scope of your request. We will re-commence processing your request, and you will be notified of the outcome.

Kind regards

Jade
Position number: 60107422
Authorised FOI Officer
FOI and Records Management Branch | Data Division
Strategy and National Resilience Group
Department of Home Affairs
E: [Department of Home Affairs request email]

Personal-Privacy
OFFICIAL: Sensitive

-----Original Message-----
From: ray mehta <[FOI #8038 email]>
Sent: Thursday, 4 November 2021 4:42 PM
To: FOI <[Department of Home Affairs request email]>
Subject: Re: FA 21/11/00036 - Practical Refusal Notice [SEC=OFFICIAL:Sensitive, ACCESS=Personal-Privacy]

Dear Jade,

Please see the clarified request below.

The documents I requested were earlier released in response to an earlier FOI.

Link to document: https://www.homeaffairs.gov.au/foi/files...

- Kindly provide the latest version of the document released in above FOI.

- Kindly provide any other document of department policy regarding assessment of Subclass 500 applications from onshore and offshore.

Thanking you,

Kind Regards,

Ray Mehta

-----Original Message-----

OFFICIAL: Sensitive

Personal-Privacy

In reply please quote:

FOI Request: FA 21/11/00036

File Number: OBJ2021/31968

Dear Ray Mehta

I refer to your email dated 29 October 2021 in which you request access to information documents held by the Department of Home Affairs (the Department) under the Freedom of Information Act 1982 (the FOI Act).

I am writing to advise you that your request is not valid for the purposes of section 15(2)(b) of the FOI Act, and to provide you with an opportunity to revise your request so that it is a valid request. This is called a ‘request consultation process’. You have 14 days to respond to this notice in one of the ways set out below.

Scope of Request

You have requested access to the following:

Kindly please provide procedural guidance for processing applications for the Subclass 500 (Student) visa (Class TU).

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 if either (or both) of the following applies:

(a) the work involved in the processing of the request would substantially and unreasonably divert the resources of the Department from its other operations

(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.

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.

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.

In order to process your request, the Department needs clarification on the following parts of the scope.

• Procedural guidance: Please clarify the specific information or documents required, for example legislation, or policy.

• Processing: Please clarify which part of visa processing is required, for example, registration, or assessment.

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

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

Jade

Position number: 60107422

Authorised FOI Officer

FOI and Records Management Branch | Data Division Strategy and National Resilience Group Department of Home Affairs

E: [Department of Home Affairs request email]

Personal-Privacy

OFFICIAL: Sensitive

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[FOI #8038 email]

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:

https://www.righttoknow.org.au/help/offi...

Please note that in some cases publication of requests and responses will be delayed.

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

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.

hide quoted sections

FOI, Department of Home Affairs

3 Attachments

OFFICIAL

Dear Mr Mehta

 

 

FOI Request FA 21/11/00036

 

I refer to your FOI request received on 29 October 2021, seeking access to
the following:

           

Kindly please provide procedural guidance for processing applications for
the Subclass 500 (Student) visa (Class TU).

 

The documents I requested were earlier released in response to an earlier
FOI.

Link to document:
https://www.homeaffairs.gov.au/foi/files...

Kindly provide the latest version of the document released in above FOI.

Kindly provide any other document of department policy regarding
assessment of Subclass 500 applications from onshore and offshore. 

 

The Department has made a decision on this request. Please find attached
the decision record and documents released under the FOI Act.  

 

This request has now been closed.

 

 

Regards,

 

Elaine

Position number 60097486

FOI Decision Maker

FOI and Records Management Branch

Data Division

Strategy and Law Enforcement Group

Department of Home Affairs | [1]www.homeaffairs.gov.au

[2][Department of Home Affairs request email]

OFFICIAL

 

 

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://www.homeaffairs.gov.au/
2. mailto:[Department of Home Affairs request email]%0d