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UK Border Agency N W Region 2nd Floor, The plaza, Old Hall Street Liverpool L3 9QJ
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Our Ref: 12671 Your Ref: |
23 September 2009 |
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Dear Mr Gillstrap
Thank you for your e-mail dated in which you ask for the following information:
Percentage of applications decided within the service level as stipulated under section 1.9 of chapter 5 "Residence Card Applications"
Number of applications from implementation of the Immigration (European Economic Area) Regulations 2006 that have been decided outside of the service level.
Number of cases and details of where the UKBA and Home Office has been exposed to damages or settled prior to an application to the court in instances where the UKBA have been negligent in applying Immigration (European Economic Area) Regulations 2006.
The complaints manual as defined in various casework documents as maintained by the UKBA.
Number of applications where escalation to a UK or European Member of Parliament has been initiated due to applications falling outside of the service level as defined in section 1.9 of chapter 5 "Residence Card Applications" in European Casework Instructions.
Your request has been handled in accordance with the Freedom of Information Act 2000 as a request for information.
With regards to Question 1 in the period September 2008-September 2009, 30.2% of all EEA Residence card applications were decided within the service level agreement.
With regards to Question 2 since April 2006 50,744 out of a possible 291,479 European applications were decided outside of service level agreements.
In relation to Question 3 I can confirm that after a thorough search, UKBA does not hold the figures that you have requested. Further to this you have requested details of all cases where UKBA has been exposed to damages for negligence in applying the 2006 regulations. It is the general policy of the UK Border Agency (UKBA) not to disclose, to a third party, personal information about another person. This is because UKBA has obligations under the Data Protection Act and in law generally to protect this information. Your request for personal information has been considered in line with our obligations under the Freedom of Information Act. However, it has been concluded that the information you have requested is exempt under Section 40(3) of that Act. Section 40(3) of the Freedom of Information Act states that this disclosure would breach the Data Protection principles and therefore we cannot supply the information you have requested.
For question 4 you have requested a copy of “the complaints manual”. Information regarding operational complaints and details regarding our Customer Charter can be accessed via the Home Office website (www.ukba.homeoffice.gov.ukxxxx).The existing Complaints Manual has been withdrawn and is currently in the process of being redrafted. As such I am unable at this present time to provide you with a copy, but would advise you to contact us again in the future for further information, although I am unable to provide you with a specific date at this present time.
In relation to question 5 I can confirm that the team dealing with MPs correspondence received 3,266 requests for information between September 208 and September 2009. It must be noted that this figure does not necessarily correspond with the number of complaints received, as the figure refers to all correspondence received from MPs.
I can confirm that the Agency is taking measures to ensure that all cases will be within service level agreements by November 2009. These include:
Recruitment of additional case working resource via internal transfer of resource; recruitment of temporary staff and external recruitment for fixed term appointment, casual and agency staff. Indeed during the period from April to July 2009 the dedicated resource for European Casework rose by over 500%.
From 1st June 2009 introducing an initial assessment on receipt of applications submitted under European Legislation to ensure the validity of the same.
If you are dissatisfied with this response you may request an independent internal review of our handling of your request. Internal review requests should be submitted within two months of the UK Border Agency sending a substantive reply to your original request and should be addressed to:
Information Access Policy Team
(Freedom of Information Team)
UK Border Agency
11th Floor - Short Corridor
Lunar House,
40 Wellesley Road
Croydon
CR9 2BY
During the independent review the department's handling of your information request will be reassessed by staff who were not involved in providing you with this response. Should you remain dissatisfied after this internal review, you will have a right of complaint to the Information Commissioner as established by section 50 of the Freedom of Information Act.
I realise that this reply may be a disappointment to you, but I look forward to hearing from you again shortly should you wish to refine your request.
Yours sincerely
[Signature]
Fiona Deans
Chief Caseworker
NW Region
UK Border Agency