Freedom of Information

What is an FOI request?

You have a legal right to see your own immigration file. Under the Freedom of Information Act 1982 (Cth), you can ask Australian Government agencies for access to the documents they hold. For visa applicants, sponsors and visa holders, this usually means asking the Department of Home Affairs for your own file: application forms, documents you or others provided, case officer notes, emails, file notes, assessments and decision records.

Some material may be held back or blacked out, for example information about other people, information given in confidence, or material that could affect law enforcement. If that happens, the decision letter should explain which exemptions were applied and why.

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Why your Home Affairs file can help

• Visa refusals: see exactly what the case officer relied on, including any information that was not put to you.
• Tribunal reviews: review deadlines at the Administrative Review Tribunal (ART) are short, so getting your file early helps you and your adviser prepare. See our guide to Administrative Review Tribunal (ART) review.
• Visa cancellations: understand the information behind a notice of intention to consider cancellation. See visa refusals and cancellations.
• New applications: check what you said in earlier applications, so your dates, travel, relationship and work history stay consistent.
• Character and health matters: see which records the department has on file before you respond. See character requirements for Australian visas.

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How to request your Home Affairs file

The steps below are general. The department sets its own request form and process, so check the current requirements before you send your request.

1. Decide what you need: your whole client file, or specific documents, such as the decision record for a refused application.
2. Gather your details: your full name and any other names you have used, date of birth, client ID, file numbers, and application or transaction reference numbers.
3. Make a written request: send it to the department’s FOI area using its current FOI request form, and say clearly that you are asking for documents under the FOI Act.
4. Include consent where needed: if a migration agent or lawyer is asking on your behalf, include your signed consent. A request for another person’s information usually needs their consent too.
5. Keep your acknowledgement: note the FOI reference number and the date the department received your request, so you can track the timeframe.

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Timeframes and costs

Item	What to expect
Decision period	Generally 30 days from the day after the department receives a valid request.
Extensions	The period can be extended, for example by agreement with you, when other people or organisations must be consulted, or with approval from the Office of the Australian Information Commissioner (OAIC) for complex or large requests.
In practice	Requests to Home Affairs can take longer than 30 days. If no decision is made in time, the request can be treated as refused, and you can ask for a review.
Cost	No fee for access to your own personal information. Charges can apply to other kinds of requests.

Do not wait for your file if a deadline is running. If you have a tribunal review deadline, lodge your review on time and request your file at the same time. Review time limits are strict and FOI delays will not usually stop the clock.

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If you disagree with the FOI decision

If documents are refused or heavily redacted, you can usually ask the department for an internal review (generally within 30 days of the decision), or apply to the OAIC for an Information Commissioner review (generally within 60 days of the decision). Act soon after you receive the decision. You can also ask the department to correct or annotate personal information on your file that is wrong, out of date or misleading.

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How VisaEnvoy can help

Our registered migration agents and lawyers can:

• Prepare your request: a clear, targeted request with the right reference numbers and consent.
• Explain your file: go through the documents with you and explain what they mean for your refusal, review or cancellation.
• Plan your next step: a new application, a tribunal review, or a response to the department.

Consultations are held by video call. Book a consultation to talk through your situation.

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