Valid FOI Request requirements

JS made this Freedom of Information request to Department of Home Affairs

Department of Home Affairs did not have the information requested.

From: JS

Delivered

Dear Department of Home Affairs,

Under FOI I seek access to a document that set out the basis for the Department’s claim, published on its website, that a valid FOI request requires the FOI applicant complete an online form, Access to information.

Under FOI I seek access to a document that set out the basis for the Department’s claim that a valid FOI request requires the applicant to

(a) have read and understood the Department's Privacy statement
(b) have read and understood the Department's Security statement
(c) establish that the applicant is not a robot using the reCAPTCHA process.

To assist you to locate the relevant claims I have included extracts from the Dept of Home Affairs website:

[ Making a freedom of information request
If you make a request under the Freedom of Information Act 1982 (FOI Act) for access to documents, it must:
• be in writing
• provide a physical or electronic address where we can send our decision
• provide enough information for us to identify the documents
• state that the request is under the FOI Act.

To make a valid request, you will need to completethe online form Access to information. ]

The Access to Information links to a webpage that requires the FOI applicant to:

[ Privacy and security
Make sure that you have read and understood the Department's Privacy statement.*
I have read and understood the Department's Privacy statement
Make sure that you have read and understood the Department's Security statement.*
I have read and understood the Department's Security statement
From the drop down menu choose the most relevant option that relates to your request.
If your request is for more than one type of document, select one option and provide additional details below in the 'Documents' section
I'm not a robot reCAPTCHA ]

Yours faithfully,

JS

Link to this

From: 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. Please note that we will only action and
respond to FOI requests and other matters relating to the Freedom of
Information Act 1982.

 

If your email is a valid FOI request, the Department will contact you
shortly to acknowledge your request. Please do not send duplicate emails
as this may cause delays in processing times.

 

For matters not relating to the Freedom of Information Act 1982, please
refer to the information below to assist in the resolution of your
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
or Visa Grant, or you wish to confirm the authenticity of your Visa
Refusal or Visa Grant, you should contact the office where you lodged your
visa application. 

Details of our offices located around the world can be found [3]here.

 

Queries regarding your current Visa status

You can check your visa details and conditions on the Department’s Visa
Entitlement Verification Online (VEVO) portal.  If you do not have the
necessary reference numbers to access the VEVO portal, you should contact
the office where you lodged your visa application for further information.

 

Refund of Visa fees

If you are seeking a refund of fees associated with your Visa, you should
contact the office where you lodged your visa application.  Details of our
offices located around the world can be found [4]here.

 

Making a Visa application

Registered migration agents are authorised to provide immigration advice
or assistance, including advice regarding the lodgement of visa
applications. Further information on migration agents may be found
[5]here.  Please note that the Department is unable to assist you in this
regard.

 

If you are experiencing technical difficulties in lodging your visa
application through ImmiAccount, you should submit your concerns through
the ImmiAccount Technical Support Form, which is accessible [6]here.

 

Australian Citizenship

If you are seeking evidence of your Australian Citizenship, you should
complete Form 119, which can be found [7]here.  Details on where to send
your completed form may be found on page 8 of the Form.  This form will
not be actioned by the FOI Section.

 

Information on how to apply for Australian citizenship, information for
Australian citizens and Australian Citizenship Day can be found [8]here.

 

Movement Records/Travel History

If you are seeking evidence of your own travel movements/history you
should complete Form 1359, which can be found [9]here. Details on where to
send your request may be found on page 1 and 2 of the Form. This request
will not be actioned by the FOI Section.

 

Superannuation – Evidence of Immigration Status

If you are seeking evidence of your own immigration status for
superannuation purposes, you should complete Form 1194, which can be found
[10]here. Details on where to send your completed form may be found on
page 1 of the Form. This request will not be actioned by the FOI Section.

 

Update Passport Details

Information on how to update your address or passport details can be found
[11]here.

 

Notification of Change in Circumstances

If you have lodged a visa application and your circumstances have changed,
you should submit [12]Form 1022 to the office where you lodged your visa
application. Details of our offices located around the world can be found
[13]here. The FOI Section does not process these forms. 

 

Notification of incorrect answers

If you wish to correct answers that you have provided to the Department
either:

·         in a visa application

·         on a passenger card or

·         in response to a notice given to you by the Department inviting
you to comment on possible non-compliance with an obligation to correct
incorrect information

You should submit [14]Form 1023 to the Department. Details of our offices
located around the world can be found [15]here. The FOI Section does not
process these forms. 

 

Duty Free concessions

Information relating to duty free concessions can be found [16]here.

 

General Enquiries

If you have a question, which has not been answered above, and which is
about visa, citizenship, travel or trade, including bringing goods in and
out of Australia, please refer to our general enquiries web form [17]here.

 

 

Thank you

 

Information updated 8 January 2018

 

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.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...

Link to this

From: FOI
Department of Home Affairs

UNCLASSIFIED

Dear JS

 

Thank you for your email and your feedback.

 

The Department has accepted your correspondence as a compliant in relation
to the online web form for ‘Access to Information’.

 

The Department is committed to delivering digital services and the online
‘Access to Information’ form has been launched to enable applicants to
request access to or amend information through online services.

 

The requirement for users to read and understand the privacy and security
statements and identify themselves as a person rather than robot is a
minimum standard web design and online data collection. This is not for
the purpose of determining if a request to access information is valid.

 

While completing the ‘Access to Information’ online form is a method for a
person to make a valid FOI request, an applicant can make a valid FOI
request to the Department through other channels, including the Right to
Know website, direct to the FOI email address that is listed on the
website, or by writing to the Department and addressing their request to
the Freedom of Information Section.

 

For more information about the Digital transformation agenda and Digital
Service Standards you can visit the Digital Transformation Agency website
at [1]www.dta.gov.au.

 

I trust this information addresses your inquiry.

 

Kind Regards

 

FOI Officer

Freedom of Information (FOI) Section  

FOI and Records Management Branch Productivity and Compliance Division 

Corporate and Enabling Group

Department of Home Affairs

 

UNCLASSIFIED

 

show quoted sections

Link to this

From: JS

Delivered

Dear FOI,

Thank you for telling me that the Department of Home Affairs has accepted my FOI request as a complaint in relation to the online web form for ‘Access to Information’.

On its website the Dept of Home Affairs publishes the claim, assertion, statement or representation :-
To make a valid request, you will need to completethe online form Access to information.
see https://www.homeaffairs.gov.au/about/acc...

FOI legislation does not require an applicant to complete the online form “Access to information” to make a FOI request valid. That being the case it is highly likely that the claim, assertion or statement by the Department is wrong, incorrect, false or misleading. Hence the FOI request to ascertain the basis for the claim by the Department.

The Department cannot decide to ignore FOI obligations merely by accepting the FOI request as a complaint.

Yours sincerely,

JS

Link to this

From: 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. Please note that we will only action and
respond to FOI requests and other matters relating to the Freedom of
Information Act 1982.

 

If your email is a valid FOI request, the Department will contact you
shortly to acknowledge your request. Please do not send duplicate emails
as this may cause delays in processing times.

 

For matters not relating to the Freedom of Information Act 1982, please
refer to the information below to assist in the resolution of your
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
or Visa Grant, or you wish to confirm the authenticity of your Visa
Refusal or Visa Grant, you should contact the office where you lodged your
visa application. 

Details of our offices located around the world can be found [3]here.

 

Queries regarding your current Visa status

You can check your visa details and conditions on the Department’s Visa
Entitlement Verification Online (VEVO) portal.  If you do not have the
necessary reference numbers to access the VEVO portal, you should contact
the office where you lodged your visa application for further information.

 

Refund of Visa fees

If you are seeking a refund of fees associated with your Visa, you should
contact the office where you lodged your visa application.  Details of our
offices located around the world can be found [4]here.

 

Making a Visa application

Registered migration agents are authorised to provide immigration advice
or assistance, including advice regarding the lodgement of visa
applications. Further information on migration agents may be found
[5]here.  Please note that the Department is unable to assist you in this
regard.

 

If you are experiencing technical difficulties in lodging your visa
application through ImmiAccount, you should submit your concerns through
the ImmiAccount Technical Support Form, which is accessible [6]here.

 

Australian Citizenship

If you are seeking evidence of your Australian Citizenship, you should
complete Form 119, which can be found [7]here.  Details on where to send
your completed form may be found on page 8 of the Form.  This form will
not be actioned by the FOI Section.

 

Information on how to apply for Australian citizenship, information for
Australian citizens and Australian Citizenship Day can be found [8]here.

 

Movement Records/Travel History

If you are seeking evidence of your own travel movements/history you
should complete Form 1359, which can be found [9]here. Details on where to
send your request may be found on page 1 and 2 of the Form. This request
will not be actioned by the FOI Section.

 

Superannuation – Evidence of Immigration Status

If you are seeking evidence of your own immigration status for
superannuation purposes, you should complete Form 1194, which can be found
[10]here. Details on where to send your completed form may be found on
page 1 of the Form. This request will not be actioned by the FOI Section.

 

Update Passport Details

Information on how to update your address or passport details can be found
[11]here.

 

Notification of Change in Circumstances

If you have lodged a visa application and your circumstances have changed,
you should submit [12]Form 1022 to the office where you lodged your visa
application. Details of our offices located around the world can be found
[13]here. The FOI Section does not process these forms. 

 

Notification of incorrect answers

If you wish to correct answers that you have provided to the Department
either:

·         in a visa application

·         on a passenger card or

·         in response to a notice given to you by the Department inviting
you to comment on possible non-compliance with an obligation to correct
incorrect information

You should submit [14]Form 1023 to the Department. Details of our offices
located around the world can be found [15]here. The FOI Section does not
process these forms. 

 

Duty Free concessions

Information relating to duty free concessions can be found [16]here.

 

General Enquiries

If you have a question, which has not been answered above, and which is
about visa, citizenship, travel or trade, including bringing goods in and
out of Australia, please refer to our general enquiries web form [17]here.

 

 

Thank you

 

Information updated 8 January 2018

 

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.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...

Link to this

From: JS

Delivered

Dear Department of Home Affairs,

It seems the Dept’s FOI decision was inadvertently attached to this RTK entry:
https://www.righttoknow.org.au/request/f...

I have received the decision.

The OAIC Guidelines provide:

A request for documents under the FOI Act must meet the following formal requirements:
• The request must be in writing (s 15(2)(a)).
• The request must state that it is a request for the purposes of the FOI Act (s 15(2)(aa)). This requirement distinguishes an FOI request from a simple enquiry. Agencies and ministers should nevertheless take a flexible approach when assessing whether an applicant has met this requirement. If an applicant’s intention is not clear the agency or minister should contact them to confirm whether the request was intended to be made under the FOI Act.
• The request must provide such information as is reasonably necessary to enable a responsible officer of the agency or the minister to identify the document that is requested (s 15(2)(b)) (see [3.97]). Before refusing a request for failing to meet this requirement an agency or minister must undertake a ‘request consultation process’ (see [3.111]–[3.115]).
• The request must give details of how notices under the FOI Act may be sent to the applicant (s 15(2)(c)). The return address may be a physical, postal or electronic address (such as an email address).
• The request must be sent to the agency or minister, in any of the following ways: delivery of the request in person to a central or regional office of the agency or minister as specified in a current telephone directory; by pre-paid post to a specified address of the agency or minister; or by electronic communication to a specified email or fax address of the agency or minister (for example, [email address]) (s 15(2A)). This requirement can be met by posting the request on a public website which forwards the request to a specified address of the agency or minister. This requirement will not be met if the request is sent to an address or number other than a specified address (for example, the email address of an agency staff member). If the agency or minister has not specified an email address or fax number for FOI requests, the request may be sent to the general email address or fax number of the agency or minister.

The Dept of Home Affairs publishes on its website (under the freedom of information tab):
https://www.homeaffairs.gov.au/about/acc...

Making a freedom of information request
If you make a request under the Freedom of Information Act 1982 (FOI Act) for access to documents, it must:
• be in writing
• provide a physical or electronic address where we can send our decision
• provide enough information for us to identify the documents
• state that the request is under the FOI Act.
To make a valid request, you will need to complete the online form Access to information.

The webpage also includes information about Consultation, Exemptions, How access to information is provided, Why you might be refused access, Charges, Review of decisions including a specified email address for Applications for internal review, The Information Commissioner, Administrative Appeals Tribunal (AAT) Review, and the Information Publication Scheme etc.

In the FOI responses the Dept states [ While completing the ‘Access to Information’ online form is a method for a person to make a valid FOI request, an applicant can make a valid FOI request to the Department through other channels, including the Right to Know website, direct to the FOI email address that is listed on the website, or by writing to the Department and addressing their request to the Freedom of Information Section. ]

In effect the Dept’s position appears to be:
To make a valid request, you [delete: will need , Insert: may choose] to:
(a) complete the online form Access to information or
(b) send an email to a specified email address or
(c) write to the Dept addressing the request to the FOI Section.

Relevantly, the Dept does not publish the information about other channels to make an FOI request on its webpage or provide a specified email address for FOI requests. The claim, assertion, statement or representation [ To make a valid request, you will need to complete the online form Access to information.] is unqualified. In context, it is highly likely that the unqualified claim, assertion or statement by the Dept is wrong, incorrect, false or misleading.

Thank you for providing your FOI decision. FA 18/10/001368

Yours faithfully,

JS

Link to this

From: 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. Please note that we will only action and
respond to FOI requests and other matters relating to the Freedom of
Information Act 1982.

 

If your email is a valid FOI request, the Department will contact you
shortly to acknowledge your request. Please do not send duplicate emails
as this may cause delays in processing times.

 

For matters not relating to the Freedom of Information Act 1982, please
refer to the information below to assist in the resolution of your
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
or Visa Grant, or you wish to confirm the authenticity of your Visa
Refusal or Visa Grant, you should contact the office where you lodged your
visa application. 

Details of our offices located around the world can be found [3]here.

 

Queries regarding your current Visa status

You can check your visa details and conditions on the Department’s Visa
Entitlement Verification Online (VEVO) portal.  If you do not have the
necessary reference numbers to access the VEVO portal, you should contact
the office where you lodged your visa application for further information.

 

Refund of Visa fees

If you are seeking a refund of fees associated with your Visa, you should
contact the office where you lodged your visa application.  Details of our
offices located around the world can be found [4]here.

 

Making a Visa application

Registered migration agents are authorised to provide immigration advice
or assistance, including advice regarding the lodgement of visa
applications. Further information on migration agents may be found
[5]here.  Please note that the Department is unable to assist you in this
regard.

 

If you are experiencing technical difficulties in lodging your visa
application through ImmiAccount, you should submit your concerns through
the ImmiAccount Technical Support Form, which is accessible [6]here.

 

Australian Citizenship

If you are seeking evidence of your Australian Citizenship, you should
complete Form 119, which can be found [7]here.  Details on where to send
your completed form may be found on page 8 of the Form.  This form will
not be actioned by the FOI Section.

 

Information on how to apply for Australian citizenship, information for
Australian citizens and Australian Citizenship Day can be found [8]here.

 

Movement Records/Travel History

If you are seeking evidence of your own travel movements/history you
should complete Form 1359, which can be found [9]here. Details on where to
send your request may be found on page 1 and 2 of the Form. This request
will not be actioned by the FOI Section.

 

Superannuation – Evidence of Immigration Status

If you are seeking evidence of your own immigration status for
superannuation purposes, you should complete Form 1194, which can be found
[10]here. Details on where to send your completed form may be found on
page 1 of the Form. This request will not be actioned by the FOI Section.

 

Update Passport Details

Information on how to update your address or passport details can be found
[11]here.

 

Notification of Change in Circumstances

If you have lodged a visa application and your circumstances have changed,
you should submit [12]Form 1022 to the office where you lodged your visa
application. Details of our offices located around the world can be found
[13]here. The FOI Section does not process these forms. 

 

Notification of incorrect answers

If you wish to correct answers that you have provided to the Department
either:

·         in a visa application

·         on a passenger card or

·         in response to a notice given to you by the Department inviting
you to comment on possible non-compliance with an obligation to correct
incorrect information

You should submit [14]Form 1023 to the Department. Details of our offices
located around the world can be found [15]here. The FOI Section does not
process these forms. 

 

Duty Free concessions

Information relating to duty free concessions can be found [16]here.

 

General Enquiries

If you have a question, which has not been answered above, and which is
about visa, citizenship, travel or trade, including bringing goods in and
out of Australia, please refer to our general enquiries web form [17]here.

 

 

Thank you

 

Information updated 8 January 2018

 

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.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...

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