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IMPORTANT INFORMATION

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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

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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

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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

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References

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1. http://www.homeaffairs.gov.au/
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