Asylum seekers/INTERNATIONAL LAW/benefits and housing

Dear Mr Cooper

I am emailing to confirm the receipt of your recent FOI request to Wigan
Council.

We will respond as soon as possible and any case no later than 31st August
2010, which is 20 working days after the receipt of your request.

If you have any comments or questions in the meantime, please direct them
to [Wigan Borough Council request email], or at Wigan Council, Town Hall, Library
Street, Wigan WN1 1YN.

Regards

Jayne Highton
Legal Team Support Officer
Ext 01942 827668
Int x2668

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Dear Mr Cooper,

Wigan Council's response to your Freedom of Information Act request is in
blue text within your email below.

If you are unhappy with any aspect of this response, an independent senior
officer will review this decision. Please let me know if you would like to
arrange this.

You can also complain to the Information Commissioner, who is the
regulator for Freedom of Information. His website is:
[1]www.informationcommissioner.gov.uk and his helpline number is 0303
1231113. His staff may ask you to exhaust our internal complaints
procedure if you choose to complain to his office now.

Yours sincerely,

Peter Hassett
Wigan Council

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Peter Hassett is on leave until Monday 6th September 2010. Please refer:
Ombudsman queries to Rita Wood 01942 827026 (ext 2026 internal), Call-in, Member or constitutional queries to Kevin Lawson 01942 827026 (ext 2023 internal), FOI matters to Margaret McKenzie 01942 827567 (ext 2567 internal).
Any other urgent matters to Ros Lawton 01942 827022 (ext 2022 internal). Your email has not been forwarded to any other person.

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Wigan is an excellent council
Awarded 4-stars by the Audit Commission

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Dear Mr Cooper,

I am refusing to respond to your requests below for the following
reasons:

1. The information you have requested is for Wigan Council's
opinion on the definition of various words and phrases. The opinions you
have requested are not information that is held by Wigan Council.

2. I consider your requests to be identical or substantially
similar to previous requests received from you such that Wigan Council
is not required to respond to them (section 14(2) Freedom of Information
Act 2000). My responses to identical or substantially similar requests
received from you were emailed to you on 30th June 2010, 27th July 2010
and 16th August 2010.

If you are unhappy with any aspect of this response, an independent
senior officer will review this decision. Please let me know if you
would like to arrange this.

You can also complain to the Information Commissioner, who is the
regulator for Freedom of Information. His website is:
www.informationcommissioner.gov.uk and his helpline number is 0303
1231113. His staff may ask you to exhaust our internal complaints
procedure if you choose to complain to his office now.

Yours sincerely,

Peter Hassett
Wigan Council

Peter Hassett
Principal Solicitor (Constitution Issues)
Legal and Democratic Division
Business Support Services
Wigan Council
Town Hall
Wigan WN1 1YN
Tel. 01942 827381 (internal ext.2381)
www.wigan.gov.uk

This email together with any files transmitted with it are confidential
and intended solely for the use of the individual to whom they are
addressed. The information may be covered by legal professional
privilege. Do not copy, disclose or distribute the information. If you
are not the addressee, please contact the sender and immediately delete
this email and any attachments.

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Dear Mr Cooper,

I thank you for your email dated 28th September 2010 requesting a review
of my response to your Freedom of Information Act request.

I confirm that the review is to be conducted by Kevin Lawson, Service
Director Borough Solicitor. Mr Lawson will be in contact with you
shortly.

Yours sincerely,

Peter Hassett
Principal Solicitor (Constitution Issues)
Legal and Democratic Division
Business Support Services
Wigan Council
Town Hall
Wigan WN1 1YN
Tel. 01942 827381 (internal ext.2381)
www.wigan.gov.uk

This email together with any files transmitted with it are confidential
and intended solely for the use of the individual to whom they are
addressed. The information may be covered by legal professional
privilege. Do not copy, disclose or distribute the information. If you
are not the addressee, please contact the sender and immediately delete
this email and any attachments.

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Mr. Cooper,

I refer to your request of 28th September for an internal review of the
decision given on 28th September by Peter Hassett of this Council not to
respond to requests that you had made by an email which although dated
Sunday 29th August, I assumed to have been made on 26th August.

Your application was worded as follows

Dear Wigan Borough Council,

Could you explain what the INTERNATIONAL legal definition of ASYLUM
SEEKER IS.

Could you explain what the INTERNATIONAL legal definition of a
REFUGEE is.

Could you explain to me what the definition in INTERNATIONAL LAW
states an ASYLUM SEEKER IS.

Could you explain to me what the definition in INTERNATIONAL LAW
states a REFUGEE IS.

Could you explain to me the INTERNATIONAL LAW that states where an
ASYLUM SEEKER is recognised as needing ASYLUM and the INTERNATIONAL
LAW of applying for ASYLUM

Could you explain to me the INTERNATIONAL LAW that states where an
REFUGEE is recognised as needing REFUGE and the INTERNATIONAL LAW
of applying for REFUGEE STATUS

The obligations upon the local authority under the Freedom of Information
Act 2000 apply to information held by the authority. Essentially your
request is a series of questions for explanations as to the meaning of
terms in statute and indeed you refer to international law. I have to say
that I do not consider that your request is a valid request in that it
does not relate to information held by the authority. In previous
responses to queries that you have raised you have been advised that
information regarding Immigration Law on be found on the website of the
U.K. Border Agency ([1]www.ukba.homeoffice.gov.uk) and you have been given
information in relation to asylum seekers in the Borough.

I would confirm that I do uphold the decision to not to respond to your
requests on the above grounds.

I do need to advise that the requests that you have made above are
repeated in another review request In relation to which I will also issue
a response today. It is clear that you have repeated these requests for
information. I would advise that repeated requests of the same or a
similar nature will not be treated as valid requests for information.

As you have been advised, you obviously do have a right to complain in
relation to my decision to the Information Commissioner who is the
regulator for freedom of information. The relevant website is
[2]www.informationcommissioner.gov.uk and his helpline number is 0303
1231113.

Yours sincerely,

Kevin Lawson

Kevin Lawson
Service Director Borough Solicitor
Business Support Services
Legal and Democratic Division
Town Hall, Library Street
Wigan WN1 1YN
01942 827026 (Internal Ext. 2026)
[email address]
[3]www.wigan.gov.uk

This email together with any files transmitted with it are confidential
and intended solely for the use of the individual to whom they are
addressed. The information may be covered by legal professional
privilege. Do not copy, disclose or distribute the information. If you
are not the addressee, please contact the sender and immediately delete
this email and any attachments

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