UPDATED-Fact-Sheet-1..

Fact Sheet 12
FREEDOM OF INFORMATION REQUESTS
Asylum Seekers going through the Protection Visa Determination Process have the
right to access documents and information relied upon when their Protection Visa
Application is being assessed.
What is a Freedom of Information?
In accordance with Federal Australian Freedom of Information (FOI) law every person has a
legally enforceable right to obtain access to information held by the Government of Australia.
This includes access to documents held by an agency, such as the Department of
Immigration and Border Protection or access to official documents of a Minister, such as the
Minister for Immigration and Border Protection.
The agency or Minister must give a person access to the documents if they receive a valid
request. Some documents may be determined to fall within certain exceptions to this
requirement.
1.
Why should you obtain Freedom of Information (FOI) documents?
The benefit of obtaining FOI documents is that you will have a clear indication of
what information and documents have been relied upon when a determination about
your Protection visa application was made.
By knowing what information has been relied upon you will know how to respond to
any findings that have been made against you.
The documents and information obtained may also demonstrate that the decision
was not made according to law.
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2.
Where to apply?
Where you should apply will depend on what stage of the Protection visa
determination process you are currently at and what documents you need to obtain.
At most stages an application to the DIBP will be sufficient to obtain the documents
relating to your application. If you have received a negative RRT decision an
application to the RRT directly to obtain documents, information and audio recordings
from your hearing may also be necessary.
3.
How to apply to the DIBP
To make a valid FOI request, it should be in writing, either using the relevant DIBP
Form or in a letter that can be sent by post or e-mail detailing your request. The
Relevant Form is Form 424A - Request for access to documents or information,
which is available here: http://www.immi.gov.au/allforms/pdf/424a.pdf
Your request should describe in detail the documents you wish to access and include
details of how notices of information may be sent to you. It is also a requirement to
include a certified copy of some form of photographic identification (such as a
Passport or Driver’s license) with your request.
Describing the Documents you wish to access in your Request
Unless you are aware of a particular document you wish to obtain, it is suggested
that in Part B of Form 424A or in your letter detailing your request, the following
words are used:
‘All documents, correspondence and audio recordings on the file CLF [insert
CLF number].’
If the FOI request can be narrowed down to specific time or date then the text should
be as follows:
‘All documents, correspondence and audio recordings dated from [insert start
date] to [insert end date] on the file CLF [insert CLF number].’
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If the FOI request is simply for a specific document the title of the document should
be included and the text should be as follows:
‘The document titled [insert title of document] on file CLF [insert CLF number].’
Where to send your request?
The department only processes requests for FOI documents in Melbourne and
Sydney. Requests can be either posted or emailed. Where you send your request will
depend on which state you live in:
STATE
ADDRESS FOR FOI APPLICATIONS TO DIBP
Victoria,
Freedom of Information Melbourne
Western Australia,
Department of Immigration and Border Protection
South Australia,
GPO Box 241
Northern Territory
MELBOURNE VIC 3001
Tasmania
E-mail: [email protected]
New South Wales,
Queensland or
Australian Capital
Territory
FOI and Subpoenas
Department of Immigration and Border Protection
GPO Box 9984
SYDNEY NSW 2001
E-mail: [email protected]
FOI and Privacy Policy Section
Department of Immigration and Border Protection
If you live overseas
PO Box 25
BELCONNEN ACT 2616
AUSTRALIA
E-mail: [email protected]
Cost
If the FOI request is only in relation to accessing your own documents, there is no
charge. Charges may apply if you request other documents, such as policy
documents or documents about people other than yourself.
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How long will it take?
The DIBP is required by law to process an FOI request and provide documents to
you within a standard period of 30 days. DIBP may however contact you and advise
that it may take longer than 30 days to process your request and an extension of time
is required.
4.
How to apply to the RRT?
To obtain documents, information and audio recordings related to your case from the
RRT you can either complete the relevant RRT Form or draft a letter that can be sent
by post or e-mail detailing your request. The relevant form is a MR3 Form - Request
for Access to Documents under the Freedom of Information Act 1982.
(Available at: http://www.mrt-rrt.gov.au/Forms-and-publications/Forms.aspx)
A request can either be posted or faxed to one of the RRT’s Registries. Where you
send your request will depend on which state you live in:
STATE
ADDRESS FOR FOI APPLICATIONS TO THE RRT
Victoria Registry
Victoria,
Western Australia,
South Australia,
Tasmania
Level 10, 120 Spencer Street
MELBOURNE VIC 3000
PO Box 14158
Melbourne VIC 8001
Telephone: (03) 8600 5900
Fax: (03) 8600 5801
New South Wales Registry
New South Wales,
Level 11, 83 Clarence Street
Queensland
SYDNEY NSW 2000
Northern Territory
GPO Box 1333
Australian Capital
Sydney NSW 2001
Territory
Telephone: (02) 9276 5000
Fax: (02) 9276 5599
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Describing the Documents you wish to access in your Request
Requests for documents from the RRT are most often completed to access the audio
recording of a hearing. In this case the text should include:
‘CD of hearing audio recording – RRT number [insert RRT number] – hearing date –
hearing.’
5.
Is there a Cost involved?
If the FOI request is only in relation to accessing your own documents, there is no
charge when applying for FOI to either the DIBP or the RRT. Charges may apply if
you request other documents, such as policy documents or documents about people
other than yourself.
Disclaimer: This fact sheet provides general information to people seeking asylum in
Australia through the onshore visa application process. We have tried to make sure that this
fact sheet contains correct information and has not left out anything important. However, we
cannot guarantee this because immigration law is complex and changes regularly. This fact
sheet is not legal advice. You should not rely on this fact sheet to make decisions about your
immigration matter. We strongly recommend that you get independent advice from a
registered Migration Agent. For information about registered migration agents please visit:
https://www.mara.gov.au. Date: July 2014
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