How to Apply for Freedom of Information (FOI) from the Department of Home Affairs

How to Apply for Freedom of Information (FOI) from the Department of Home Affairs

In an age where transparency and access to information are crucial, the Freedom of Information (FOI) Act 1982 provides the public with the right to access documents held by the Australian Government. The Department of Home Affairs, like other government departments, is subject to this Act. If you are looking to access specific information held by this department, this guide will help you understand the process of applying for FOI.

Understanding FOI

The FOI Act allows you to:

• Request access to documents about your personal information.
• Request access to other documents held by the government.
• Request that the government correct or amend your personal records.

This can include documents like emails, policy documents, maps, photographs, and more.

Steps to Apply for FOI from the Department of Home Affairs

1. Identify the Information You Need: Start by clearly identifying the information or documents you need. You can request information about ​manuals, rules and guidelines that the Department’s decision makers use to make decisions or statistics. You can also ask for information about your own visa or citizenship applications or decisions​.​ 

The more specific you are, the easier it will be for the department to locate the relevant documents. Consider the time frame, subject matter, and any other specifics that can help narrow down the search.

• For example: 
  • “I am seeking a copy of my Partner visa application lodged on 01/01/2022”
  • “I am seeking a copy of my Visitor visa grant letter on 01/01/2018”
  • “I would like to know how many bridging visa Es were granted to applicants in detention centres across Australia in 2022-2023?”

2. Check if the Information is Already Available: Before making an FOI request, check if the information is already publicly available or available via your ImmiAccount. The Department of Home Affairs publishes a lot of information on its website, including annual reports, policy documents, and operational information. 

If lodged online via ImmiAccount, most visa applications and visa grant/decision letters are available through your ImmiAccount. However, there are times when applicants do not recall the details of their ImmiAccount or their visa applications are lodged by another person who created the account. FOI can sometimes be the only way for you to obtain a copy of that document.

3. Submit Your Request: Your request should be in writing and can be submitted by:

• • Email: foi@homeaffairs.gov.au
  • Mail: FOI Officer, Department of Home Affairs, GPO Box 241, Canberra ACT 2601, Australia
  • Online: Completing the online access request form or for statistics via the online data request form
  • You can ask a friend, family member, migration agent, legal practitioner or other person to help you

4. Await Acknowledgment and Response: Once your request is received, the department will acknowledge it within 14 days. They will process your request and provide a decision within 30 days, although this period can be extended under certain circumstances.

5. Review the Response: When you receive a response, it will include:

• • Whether access to the documents is granted.
  • If access is denied, the reasons for denial.
  • Information about your rights to review or appeal the decision.

Costs Involved

While there is generally no application fee for making an FOI request, charges may apply for processing your request. These can include costs for searching and retrieving documents, decision-making time, and photocopying. The department will notify you of any charges and you can request a waiver or reduction if it would cause financial hardship.

Tips for a Successful FOI Request

• Be Specific: The clearer and more precise your request, the faster it can be processed.
• Use the Right Terminology: Using terms and language that the department would use can help in locating documents.
• Follow Up: If you haven’t received an acknowledgment within 14 days, follow up with the department to ensure your request has been received.

What to Do if Your Request is Refused

If your request is refused or you are dissatisfied with the response, you have the right to:

• Request an internal review by the Department of Home Affairs.
• Lodge a complaint with the Office of the Australian Information Commissioner (OAIC).

Conclusion

Applying for Freedom of Information from the Department of Home Affairs is a straightforward process, provided you follow the correct steps and guidelines. By exercising your right to access government information, you contribute to the transparency and accountability of public administration.

For more detailed information, visit the Department of Home Affairs FOI page.

If you require any assistance in navigating the FOI application process please feel free to contact us.

By Kathleen Si’ulua

Registered Migration Agent

MARN: 2217995