How to Use Freedom of Information (FOI) Requests to Access Your Visa Application Details – Australia

If you are a visa applicant or holder and cannot get updates or access the documents submitted on your behalf by your agent, you can use the Freedom of Information (FOI) Act 1982 to obtain the details of your immigration application. This guide will help you understand how to make an FOI request and what to expect during the process.

What is an FOI Request?

An FOI request allows you to access information and documents held by the Australian Government, including details of your visa application. This is particularly useful if:

  • Your migration agent is not providing updates.
  • You do not have access to the documents submitted to the Department of Home Affairs on your behalf.

When Should You Make an FOI Request?

You may consider making an FOI request if:

  1. You Want Application Details: You need copies of the visa application, supporting documents, or correspondence with the Department of Home Affairs.
  2. Your Agent Isn’t Cooperating: Your migration agent is unresponsive or withholding information.
  3. You Need Movement Records: For international movement records or your entire immigration file.

How to Make an FOI Request

Follow these simple steps to lodge an FOI request:

  • Visit the Department’s Website:
    • Go to the Department of Home Affairs’ page for FOI requests.
    • Use the “Access documents held by Department of Home Affairs” online form.
  • Complete the Form:
    • Include your full name, date of birth, and client or file number (if available).
    • Clearly describe the documents you are requesting (e.g., visa application, correspondence, movement records).
    • Specify that you are making a Freedom of Information request to ensure the request is processed under the FOI Act.
  • Attach Identification:
    • Upload a copy of your passport, driver’s license, or another government-issued ID.
    • If an agent is submitting on your behalf, include a signed Form 956 and a copy of their ID.
  • Submit the Request:
    • Once you complete the form, submit it online.

What Happens After You Submit an FOI Request?

  • Processing Time: The Department aims to respond within 28 days, but delays may occur.
  • Documents You Can Expect:
    • Copies of your visa application.
    • Supporting documents submitted to the Department.
    • Correspondence related to your application.

Tips for a Smooth FOI Process

  1. Be Specific:
    • Clearly state what documents you need to avoid delays. For example, specify “all documents related to my visa application submitted on 2025.”
  2. Check with the Department First:
    • If your application is still in process, contact the Department directly. In many cases, they can provide documents without a formal FOI request.
  3. Movement Records:
    • If you need movement records, use the “Request for International Movement Records” form available on the Department’s website.
  4. Follow Up:
    • If you do not receive a response within 28 days, follow up with the Department. If delays persist, you can lodge a complaint with the Office of the Australian Information Commissioner (OAIC).

What If You Need Help?

  • Agents or Representatives: If your migration agent is unresponsive, you can lodge the FOI request yourself.
  • Family Members: If you are applying for documents on behalf of family members, include their signed authorizations.

Your Rights Under FOI

  • You have the right to access your own information.
  • The Department cannot refuse to provide your application details unless it involves confidential or protected information.
  • There are no fees for requesting your own information.

Conclusion

If you feel left in the dark about your visa application, an FOI request can help you gain transparency and control. It’s a straightforward process that ensures you can access the information you need, even if your migration agent is uncooperative. For further guidance, visit the Department of Home Affairs’ website or contact us for assistance.

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