2015-Mar 06: Privacy Act and Official Information Act requests in response to Potentially Prejudicial Information letters

Visa Pak 201 - Advice to staff about Privacy Act and Official Information Act requests made by applicants in response to Potentially Prejudicial Information letters

Visa Paks

6 March 2015

Privacy Act and Official Information Act requests in response to Potentially Prejudicial Information letters

Immigration instructions at A1 Fairness and Natural Justice and E7.15 Potentially prejudicial information and R5.20.5 Potentially prejudicial information set out the principles of fairness and natural justice that all immigration officers must act on when deciding an application. In accordance with these principles, applicants will be given the opportunity to comment before a decision is made on the basis of any potentially prejudicial information (PPI).

We are aware that in some instances, applicants are responding to a PPI letter by requesting information under the Privacy Act and/or Official Information Act (OIA); and requesting an extension to the date a response is required to the PPI in line with the date a response is required to the Privacy Act or OIA, on the basis that the response to the information request will assist the applicant in providing comment to the PPI letter.

Action

In writing a PPI letter to an applicant, immigration officers should identify which part of the immigration instructions they consider has not been met, how it has not been met, and what the outcome may be if that is the case. A copy of the relevant immigration instruction(s) should be supplied. A reasonable timeframe should be given for the applicant to respond. This ensures the applicant can provide informed comment to the issues raised in the PPI letter.

Immigration officers are expected to provide timeframes for response to PPI letters that not only aim to facilitate good workflow but are also appropriate to the situation. PPI timeframes must be appropriate to the applicant’s circumstances and allow the applicant sufficient time to provide any additional information that you have requested.

Immigration officers must therefore be satisfied that there is a genuine reason for any extension to the established reasonable timeframe given for the applicant to respond to the PPI letter.

It is not expected that immigration officers will grant extensions to the timeframe given for the applicant to respond to the PPI letter, on the basis that the information requested under the Privacy Act or OIA will assist in providing comment to the PPI, as the applicant is required to provide comment only on the issues raised in the PPI letter.