Freedom of Information Team
Customer Service Improvement
40 Wellesley Road
Fax: +44 (0)0870 336 9240
By email: email@example.com
FOI Reference: 31525
21 May 2014
Thank you for your letter of 26 April requesting information on Tier 4 dependant
The number of Tier 4 dependant visa applications processed in New Delhi in
The number of refusals for the same category and year.
The number of appeals overturned at ECM level and at court level for all Tier
4 dependant visa refusals processed in New Delhi in 2013/14
Your request is being handled as a request for information under the Freedom of
Information Act 2000. I can confirm that we hold the information for 2013, please see
the table below: Tier 4 dependant entry clearance applications processed in New Delhi in 2013.
Tier 4 visas processed
Tier 4 visas refused
Refusals Overturned by
Refusals overturned at
The figures quoted are not provided under National Statistics protocols but have
been derived from local management information. They are therefore provisional and
subject to changes.
Please note * represents less than 3 applications. This is to protect individual
applications that could otherwise be identified and is in accordance with our
obligations under the Data Protection Act.
In relation to the number of Tier 4 applications processed and refused in 2014, I can
that the Home Office holds the data you have requested. However, after careful
consideration we have decided that the information is exempt from disclosure under
section 22 of the Freedom of Information Act.
Section 22 (1) (b) of the Freedom of Information Act exempts the Home Office from
having to provide you with this information because we intend to publish the data a
We consider that it is reasonable to withhold the information prior to publication and
the public interest falls in favour of applying the exemption.
Section 22 (1) (b) of the FOI Act is a qualified exemption which requires the
application of the public interest test (PIT).
This test is used to balance the public interest in disclosure against the public
interest in favour of withholding the information, or the considerations for and against
the requirement to say whether the information requested is held or not. We must
carry out a PIT where we are considering using any of the qualified exemptions in
response to a request for information.
The ‘public interest’ is not the same as what interests the public. In carrying out a PIT
we consider the greater good or benefit to the community as a whole if the
information is released or not. The ‘right to know’ must be balanced against the need
to enable effective government and to serve the best interests of the public.
The FOI Act is ‘applicant blind’. This means that we cannot, and do not, ask about
the motives of anyone who asks for information. In providing a response to one
person, we are expressing a willingness to provide the same response to anyone,
including those who might represent a threat to the UK.
Arguments for and against disclosure in terms of the public interest, with the reasons
for our conclusion, are set out below in Annex A.
If you are dissatisfied with this response you may request an independent internal
review of our handling of your request by submitting a complaint within two months
to the address below, quoting reference . If you ask for an internal review, it
would be helpful if you could say why you are dissatisfied with the response. The
contact address for requesting an internal review is below:
Information Access Team
2 Marsham Street
London SW1P 4DF
As part of any internal review the Department's handling of your information request
will be reassessed by staff who were not involved in providing you with this
If you remain dissatisfied after this internal review, you would have a right of
complaint to the Information Commissioner as established by section 50 of the
Freedom of Information Act.
A. Ojewale (Mrs)
FOI Practitioner – Midlands, East of England & International Responder Hub
UK Visas & Immigration
Annex A An explanation of the exemption under Section 22 (1) (b) of the FOI Act.
Section 22 (1) (b)
The information you have requested is exempt from disclosure under section 22 (1)
(b) of the FOI Act. This exemption is defined in the Act as follows:
22 (1) (b) – Information intended for publication in future.
(1)Information is exempt information if—
(b) the information was already held with a view to such publication at the time when
the request for information was made, and
Considerations in favour of releasing the information.
Disclosing the information would offer transparency about the processing of entry
clearance applications. This may be considered fair to those making this request. Considerations in favour of withholding the information.
We consider that the public interest could not be served by disclosing this
information at this time. The Home Office is collating internal management
information on the number of applications received, issued, refused & put on hold
overseas. This information will be published on the Home Office immigration website
as soon as possible and then on a quarterly basis. The information requested will
therefore be made publicly available within a short period of time.
There is significant interest in this figure from the public, the media and members of
Parliament. We consider it to be in the public interest to avoid any advantage that
would be obtained by the requester in obtaining the information prior to general
publication. Managing the availability of the information by planning and controlling
its publication will ensure that the information is quality assured before it is released
into the public domain and allow us to respond more readily to future requests for
data on this subject. It is also in line with accepted practices not to give advance
information which we intend to publish.
We therefore conclude that the balance of the public interest lies in withholding the