Derivative right of residence.

Wayne Pearsall made this Freedom of Information request to UK Border Agency

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear UK Border Agency,

I am aware that UKBA issue many forms of guidance in relation to a persons legal right to reside / work in the uk.

for example:
http://www.ukba.homeoffice.gov.uk/siteco...

Can you please provide (as per FOI 2000) a copy of all legislation relating to a persons derivative right to reside.

i see from the following document:
http://www.ukba.homeoffice.gov.uk/siteco...
that a registration of a derivative right to reside is optional.

however, can you please provide me all information in relation to who actually qualifies for a derivative right of residence.

my particular query is in relation to the non-eea national mother of two extremely young children (3 and six months) who are british citizens.

Yours faithfully,

Wayne Pearsall

Dear UK Border Agency,

further to my previous message,
http://www.whatdotheyknow.com/request/de...

please also issue a copy of all guidance, in relation to the Derivative right of residence...

and how ukba staff are made aware of a persons right to reside if they have a dependant british child.

Yours faithfully,

Wayne Pearsall

Freedom Of Information Team ( IND ), UK Border Agency

Dear Wayne Pearsall

Thank you for your recent email concerning the above matter.

We are dealing with your enquiry and will respond shortly.

Ref: 26630

Kind Regards,

UKBA
FOI Team

show quoted sections

European Operational Policy Enquiries, UK Border Agency

Dear Mr. Pearsall,

Thank you for your email dated 28 February in which you have made a request for information under the Freedom of Information Act 2000. Our response to your request has been delayed due to operational reasons and unfortunately this means we have been unable to respond to your request by the statutory deadline of 28 March.

Please accept my apologies for the delay in responding to your request. Please be assured that we will respond to your request as soon as possible.

Yours sincerely,

European Operational Policy Team
UK Border Agency

show quoted sections

Dear European Operational Policy Enquiries,

further to my FOI request... https://www.whatdotheyknow.com/request/d...

Thank you for actually informing me of the inability to respond within the 20 working day deadline. unfortunately "operational reasons" doesnt really satisfy as a sufficient reason for the delay. Please explain the specific reason for the deadline not being met. - is it just like the reason for EEA resident cards being delayed: UKBA sitting on their hands to the last minute?

Im sure if there is a problem locating the guidance requested the senior case worker "Paula Scott" may have a copy on her desk/computer somewhere which she would be able to scan/email across for you to forward.

You state a response will be given shortly... please give an exact date of when you expect to be able to comply with the uk legislation which legally you have to provide the information to myself AS SOON AS POSSIBLE and NO LATER THAN 20 WORKING DAYS. (Which you state you cannot meet).

Yours sincerely,

Wayne Pearsall

European Operational Policy Enquiries, UK Border Agency

Thank you for contacting the European Operational Policy Team.

This mailbox is for policy-related enquiries only. We endeavour to respond
to queries received into this mailbox within 10 working days.

IMPORTANT - PLEASE NOTE

The European Operational Policy Team cannot advise or comment on
individual applications. If you wish to contact the casework team
responsible for your application, you can do so in writing to the
following address:

UK Border Agency
European Applications
PO Box 306
Liverpool

You can find information about applying for a document confirming a right
of residence under European law on the UK Border Agency website:
www.ukba.homeoffice.gov.uk/eucitizens

Please be advised that if your enquiry is regarding an individual
application you will not receive a response from this mailbox.

 

show quoted sections

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Dear European Operational Policy Enquiries,

might be useful for UKBA to read this....

http://www.ico.org.uk/foikb/FOIPolicyWhe...

specifically:

"..................
We regard the primary obligation on the public authority as that to respond promptly; the 20 working day time limit acts as a “long stop”.

•We will not accept that an authority has complied with s10(1) if it has complied with its duties under section 1(1) later than 20 working days, even if, in the circumstances of the case, we concede that the response was prompt.

•It is theoretically possible to find that a public authority’s duties under section 1(1) were complied with within 20 working days, but still not promptly.
.................."

also...
http://www.ico.org.uk/for_organisations/...

and generally
http://www.ico.org.uk/
will provide more information...

along with the word of law at legislation.gov.uk

Yours sincerely,

Wayne Pearsall

European Operational Policy Enquiries, UK Border Agency

Thank you for contacting the European Operational Policy Team.

This mailbox is for policy-related enquiries only. We endeavour to respond
to queries received into this mailbox within 10 working days.

IMPORTANT - PLEASE NOTE

The European Operational Policy Team cannot advise or comment on
individual applications. If you wish to contact the casework team
responsible for your application, you can do so in writing to the
following address:

UK Border Agency
European Applications
PO Box 306
Liverpool

You can find information about applying for a document confirming a right
of residence under European law on the UK Border Agency website:
www.ukba.homeoffice.gov.uk/eucitizens

Please be advised that if your enquiry is regarding an individual
application you will not receive a response from this mailbox.

 

show quoted sections

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Dear European Operational Policy Enquiries,

https://www.whatdotheyknow.com/request/d...

further to your message stating your reply is delayed, when is your response going to be sent through?

Yours sincerely,

Wayne Pearsall

European Operational Policy Enquiries, UK Border Agency

Thank you for contacting the European Operational Policy Team.

This mailbox is for policy-related enquiries only. We endeavour to respond
to queries received into this mailbox within 10 working days.

IMPORTANT - PLEASE NOTE

The European Operational Policy Team cannot advise or comment on
individual applications. If you wish to contact the casework team
responsible for your application, you can do so in writing to the
following address:

UK Border Agency
European Applications
PO Box 306
Liverpool

You can find information about applying for a document confirming a right
of residence under European law on the UK Border Agency website:
www.ukba.homeoffice.gov.uk/eucitizens

Please be advised that if your enquiry is regarding an individual
application you will not receive a response from this mailbox.

 

show quoted sections

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Dear European Operational Policy Enquiries,

https://www.whatdotheyknow.com/request/d...

The response is overdue... UKBA had an extended period to reply. If a reply isnt made by Wednesday 10th April I will be raising a formal complaint with the ICO in relation to this.

I have given you two previous reminders of your obligations under the FOI Act... which you have ignored...

Yours sincerely,

Wayne Pearsall

European Operational Policy Enquiries, UK Border Agency

Thank you for contacting the European Operational Policy Team.

This mailbox is for policy-related enquiries only. We endeavour to respond
to queries received into this mailbox within 10 working days.

IMPORTANT - PLEASE NOTE

The European Operational Policy Team cannot advise or comment on
individual applications. If you wish to contact the casework team
responsible for your application, you can do so in writing to the
following address:

UK Border Agency
European Applications
PO Box 306
Liverpool

You can find information about applying for a document confirming a right
of residence under European law on the UK Border Agency website:
www.ukba.homeoffice.gov.uk/eucitizens

Please be advised that if your enquiry is regarding an individual
application you will not receive a response from this mailbox.

 

show quoted sections

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

European Operational Policy Enquiries, UK Border Agency

1 Attachment

Dear Mr Pearsall,

Please find attached a response to your Freedom of Information request dated 28 February. We apologise for the delay in responding to this.

Yours sincerely,

European Operational Policy Team
Operational Policy & Rules Unit
Operational Systems Management
Home Office

show quoted sections

Dear European Operational Policy Enquiries,

Thank you for the response. As this is your "Final response" please can you indicate when the internal review will be conducted that I requested previously...

Please also confirm... I my request was for all internal guidance on a derivative right to reside... Is this all of the guidance which is available and held by UKBA?

I note that my FOI request asked for:

and how ukba staff are made aware of a persons right to reside if
they have a dependant british child

I note that this section of my FOI request was ignored.

I am well aware that UKBA hold training seminars (as evidenced in my other FOI requests to yourself.

Information relating to this section of my request would of course include all training documents issued to case workers ETC.

I Note: The documents requested were not only to Euro operations team, but to UKBA staff in general. - this includes staff at ports ETC.

So please conduct the internal review and explain why you did not implement the legislation as required...

NOTE: My request for internal review was posted
#at 14:52 on 28th march. as evidenced by the independant website: https://www.whatdotheyknow.com/details/r...

my full request is visible here: https://www.whatdotheyknow.com/request/d...

your ref: 26630

Yours sincerely,

Wayne Pearsall

European Operational Policy Enquiries, UK Border Agency

Thank you for contacting the European Operational Policy Team.

This mailbox is for policy-related enquiries only. We endeavour to respond
to queries received into this mailbox within 10 working days.

IMPORTANT - PLEASE NOTE

The European Operational Policy Team cannot advise or comment on
individual applications. If you wish to contact the casework team
responsible for your application, you can do so in writing to the
following address:

UK Border Agency
European Applications
PO Box 306
Liverpool

You can find information about applying for a document confirming a right
of residence under European law on the UK Border Agency website:
www.ukba.homeoffice.gov.uk/eucitizens

Please be advised that if your enquiry is regarding an individual
application you will not receive a response from this mailbox.

 

show quoted sections

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Dear European Operational Policy Enquiries,

additionally:

"For further details on how to assess whether a person‟s presence in the UK is conducive to the public good, please see the following link: [LINK REDACTED]" on page 30

please supply guidance issued to ukba on how to judge if somebody's presence in the uk is conducive to the public good... etc...

surely this sort of information was the intended goal of the FOI Act. The people of the UK have the right to know what the government decides is to be considered to keeep them safe from people etc.

either way, you have not explained the reason for the redaction, as a link does not constitute as personal information.

Yours sincerely,

Wayne Pearsall

European Operational Policy Enquiries, UK Border Agency

Thank you for contacting the European Operational Policy Team.

This mailbox is for policy-related enquiries only. We endeavour to respond
to queries received into this mailbox within 10 working days.

IMPORTANT - PLEASE NOTE

The European Operational Policy Team cannot advise or comment on
individual applications. If you wish to contact the casework team
responsible for your application, you can do so in writing to the
following address:

UK Border Agency
European Applications
PO Box 306
Liverpool

You can find information about applying for a document confirming a right
of residence under European law on the UK Border Agency website:
www.ukba.homeoffice.gov.uk/eucitizens

Please be advised that if your enquiry is regarding an individual
application you will not receive a response from this mailbox.

 

show quoted sections

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

FOI Requests, UK Border Agency

Wayne Pearsall

 

Thank you for contacting the Home Office, in which you ask for an internal
review of your Freedom of Information request

 

We will aim to send you a full response by 08/05/2013 which is twenty
working days from the date we received your request.

 

The internal review will be carried out by M Riddle (ref 26630). If you
have any questions then please do not hesitate to contact us.

 

Thank you

 

FOI Requests

Home Office

 

 

show quoted sections

Dear FOI Requests,

As already highlighted to yourselves, the request for internal review of my FOI "response" 26630 was posted to yourselves on the 28th march by email - full correspondance avail here:
https://www.whatdotheyknow.com/request/d...

history of events are available here:
https://www.whatdotheyknow.com/details/r...

therefore 20 working days is much sooner than the 8th may as you claim. - is this another case in which I am required to raise a complaint with the information commissioner?

if ukba cannot follow their own guidelines, then im sure it would be better to simply scrap your own internal review policy and the complainant complain directly to the ICO.

I think you will find that 20 working days would result in a reply being required by 26th April 2013.
(considering that the period had two public holidays and eight weekend days).

Yours sincerely,

Wayne Pearsall

FOI Requests, UK Border Agency

Thank you for contacting the FOI Requests mailbox.

Your message has been logged and will be dealt with shortly.

We aim to provide a response to all FOI requests within 20 working days.

If your message is with regard to an existing FOI case or is a general
query please ensure you have left any file references and contact details.

 

Thank you.

 

 

show quoted sections

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Dear FOI Requests,

RE: 26630,

Additionally...

also on page 30...

"35. Any policy enquiries on this notice should be addressed to [REDACTED] or [REDACTED], or to the European Operational Policy inbox: [REDACTED]"

Why has the email address been redacted? This is not personal information... and this redaction has not been given a reason in the FOI response... - ALL REDACTIONS MUST SITE THE REASON AND EXCEMPTIONS...

I AM WELL AWARE OF THE EURO MAILBOX, AS ARE MANY OTHERS...

Please confirm if this email address is one of the following:
"[email address]" <[email address]>; "[email address]" <[email address]>
"[email address]" <[email address]>; "[email address]" <[email address]>;

I gained all of these email addresses from the UKBA website, therefore you have no legal basis on which to redact the email addresses within a FOI response...

Im sure many other things will pop up as i read the response... SO perhaps you would like to read the response fully before replying with the FOI Review... and correct the errors in the response...

Yours sincerely,

Wayne Pearsall

FOI Requests, UK Border Agency

Thank you for contacting the FOI Requests mailbox.

Your message has been logged and will be dealt with shortly.

We aim to provide a response to all FOI requests within 20 working days.

If your message is with regard to an existing FOI case or is a general
query please ensure you have left any file references and contact details.

 

Thank you.

 

 

show quoted sections

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Dear FOI Requests,

I keep reading, and my replies keep on coming from it...

"Please refer to European Operational Policy Notice 11/2012 for further guidance on appeal rights against a refusal to issue a document confirming a derivative right of admission."

surely this means that your FOI reply was not satisfactory, as clearly further information / guidance is available within UKBA..

Perhaps this can aid my request:
Please supply a copy off all European Operational Policy Notice's which relate to the term "Derivative Right"

Yours sincerely,

Wayne Pearsall

FOI Requests, UK Border Agency

Thank you for contacting the FOI Requests mailbox.

Your message has been logged and will be dealt with shortly.

We aim to provide a response to all FOI requests within 20 working days.

If your message is with regard to an existing FOI case or is a general
query please ensure you have left any file references and contact details.

 

Thank you.

 

 

show quoted sections

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Freedom Of Information Team ( IND ), UK Border Agency

Dear Wayne Pearsall

Thank you for your follow up enquiry concerning the above matter. We will respond shortly.

Regards

FOI Team

show quoted sections

Richard Taylor left an annotation ()

M Riddle of the Home Office has contacted WhatDoTheyKnow seeking assistance in relation to the requested internal review.

Riddle asked for help interpreting what had been redacted by WhatDoTheyKnow and what by the Home Office. To assist him an unredacted copy of the response sent by the Home Office was provided; along with a further unredacted copy of the internal review request.

The internal review request would have been sent in unredacted form to the Home Office in the first instance, the redaction only affects what we display publicly on the site.

As for the substantive response, two email addresses, including the @whatdotheyknow request address, have have been turned into links - those our
system has redacted, the others, replaced by "[REDACTED]" and similar eg. [LINK REDACTED] were redacted by the Home Office.

--

Richard - WhatDoTheyKnow.com volunteer

Wayne Pearsall left an annotation ()

Thanks for that Richard. It's nice to know somethings happening on this.. I new that the [Redacted] links were UKBA redactions. - I have seen the same document on various other FOI requests since this with the same redactions.

I don't beleive that any governmental email addresses should be redacted under the "personal information" excemption. They are governmental property - and therefore are the property of the British Taxpayer (me and you).

Dear Freedom Of Information Team ( IND ),

FAO: Martin Riddle

Mr Riddle, Further to my FOI Request, I am aware that you are currently working on the Internal Review.
https://www.whatdotheyknow.com/request/d...

---

As you will see from my further FOI requests, I am well aware of the Personal Information exemptions, however the public interest test must be applied.
https://www.whatdotheyknow.com/request/d...

The name of the head of a department which makes such substantive policy to affect so many people should not therefore be redacted.

As you will see on my other FOI request, MANY email addresses of "low level" home office / ukba staff are publicly displayed along with their names on UKBA website.

As UKBA make no attempts to redact these peoples contact details high level employees should be afforded the same treatment.

Also, when FURTHER guidance (as messaged in this FOI request previously) is linked from one document - it is clear that not all of the requested information was supplied and therefore the FOI Act has not been complied with.

Whilst I understand that you have received many requests from myself. These requests are served by myself on behalf of a number of people. IE: Certificate of Application - many people have asked regarding this information, and UKBA have ignored many requests for the information. Even my request has not provided all information available.

The requests do not only benefit myself, but also hundreds, - no wait, scratch that -> thousands of other people in a simular situation to myself and my family.

As you will see from the list of FOI requests by myself, along with the six or seven notices sent by the ICO to yourselves in relation to my complaints... UKBA fail to follow the terms of the FOI in many cases. (you yourself have conducted another FOI IR on one of my other FOI Requests in which you found non-compliance)
- FYI my other requests can be seen here: https://www.whatdotheyknow.com/user/wayn...

I await your response

Yours sincerely,

Wayne Pearsall

Freedom Of Information Team ( IND ), UK Border Agency

Thank you for contacting the UK Border Agency Freedom of Information Team.

The Freedom of Information (FoI) Act 2000 provides public access to any
recorded information held by public authorities
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

The Act does not give people access to their own personal data
(information about themselves). If you require information that a public
authority holds about you, you must make a Subject Access Request under
the Data Protection Act 1998. You can find further details on how to do
make a Subject Access Request by following the link below:
http://www.ukba.homeoffice.gov.uk/naviga...

We are unable to respond to other types of immigration enquiries or
general correspondence. For further information please visit our
comprehensive website at www.ukba.homeoffice.gov.uk. If you have submitted
a general enquiry, a further message answering our most frequently asked
questions will be sent to you by our public enquiries department shortly.

Alternatively you can contact the UK Border Agency (UKBA) Immigration
Enquiry Bureau (IEB) on: Telephone: 0870 606 7766

Freedom of Information Act Policy Team
UK Border Agency

 

 

show quoted sections

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Ladwa Seema, UK Border Agency

1 Attachment

Dear Mr Pearsall,

Please find attached a response to your recent enquiry.

 

Kind regards.

 

FOI Team

Home Office

Lunar House

40 Wellesley Road

Croydon

CR9 2BY

[1]www.homeoffice.gov.uk

 

 

show quoted sections

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
1. http://www.homeoffice.gov.uk/

J Khan left an annotation ()

That "Exclusion conducive to the public good - Modernised
Guidance." links to http://horizon.gws.gsi.gov.uk/portal/sit...

Dear Ladwa Seema, Also FAO Martin Riddle.

You have sent a response to my "FOI Request" of the 9th of April (27126) I respond with the following:

Firstly, as you have treated this as a seperate FOI request, you have failed on your obligations under Sec 10 of the FOI Act to provide a prompt response (Response being sent on may 23rd). I see that the text you provided a response to 27126 was in relation to:
____
"For further details on how to assess whether a person‟s presence in the UK is conducive to the public good, please see the following link: [LINK REDACTED]" on page 30

please supply guidance issued to ukba on how to judge if somebody's presence in the uk is conducive to the public good... etc...
____

Can you confirm that the information at the URL provided is a duplicate of the information linked on page 30 of the response to 26630. If not, I would expect the information to be released to myself.

Secondly, this text also formed part of my IR request in relation to 26630.

In response to 26630.

I have receieved no response to my IR review, or infact a time complaint response, which was posted on 28th March.

I am aware that Martin Riddle was conducting the IR - as he was in contact with the WhatDoTheyKnow team in regards to what information the website redacted and what information your team redacted.

It has been almost two months since I requested my Internal Review, and no response has been made. I still expect my response to be provided. It is clear a lot of other information is available in relation to my request, which UKBA / The Home Office fail to provide - which then leads onto the Further FOI requests which leads to your Vexatiousness refusals.

The fact remains: If UKBA provide the information requested in the first place, the further requests would not be necessary!

A full log can be found here: https://www.whatdotheyknow.com/request/d...

Yours sincerely,

Wayne Pearsall

Wayne Pearsall left an annotation ()

Thanks for the link khan, unfortunately it errors on me and won't load... Ill keep trying. is it a pdf or html or?

any chance of emailing it to me if its a pdf (still got my email address?)

Wayne Pearsall left an annotation ()

ahh, i guess its actually because its their Intranet website... I recon they will say im being vexatious by asking for a copy of the website (despite the CSA providing me with a copy of their "online proceedures" website)... worth a shot though I guess...

J Khan left an annotation ()

Yes, it's the intranet. I guess Ladwa Seema wasn't careful enough to remove the link when he/she copied & pasted into the response.

Good job on raising the new request. We all know the likely response to be :-)

Wayne Pearsall left an annotation ()

Google "gws.gsi.gov.uk" theres a fair few references to the network...

I didnt notice the link url at first... Its only that it was nt resolving. I thought it was a problem with my dns but noticed "intranet"... I wonder if seema knows about the "remove hyperlink" button on words right click menu.

Dear UK Border Agency,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of UK Border Agency's handling of my FOI request 'Derivative right of residence.'.

26630 / 27126...

Martin Riddle was supposed to be conducting an Internal review upon my request, this is over two months ago... It is clear that Martin is not working on my internal review, as he has replied to numerous other requests since he bagan work upon my review (this was evidenced by him contacting the WDTK team).

When is my response to this freedom of information act request review going to be supplied...

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/de...

Yours faithfully,

Wayne Pearsall

Freedom Of Information Team ( IND ), UK Border Agency

Thank you for contacting the UK Border Agency Freedom of Information Team.

The Freedom of Information (FoI) Act 2000 provides public access to any
recorded information held by public authorities
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

The Act does not give people access to their own personal data
(information about themselves). If you require information that a public
authority holds about you, you must make a Subject Access Request under
the Data Protection Act 1998. You can find further details on how to do
make a Subject Access Request by following the link below:
http://www.ukba.homeoffice.gov.uk/naviga...

We are unable to respond to other types of immigration enquiries or
general correspondence. For further information please visit our
comprehensive website at www.ukba.homeoffice.gov.uk.

Freedom of Information Act Policy Team
UK Border Agency

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

FOI Responses, UK Border Agency

2 Attachments

Dear Mr Pearsall

Please find attached the Home Office internal review of your Freedom of
Information case 26630, as requested.

 

Please accept my apologies for the delay.

 

M Riddle | Information Access Team
Information Management Service | Financial and Commercial Group
Ground Floor | Seacole Building | Home Office | 2 Marsham Street | London
SW1P 4DF
Switchboard Number: 0207 035 4848

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Dear UK Border Agency,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of UK Border Agency's handling of my FOI request 'Derivative right of residence.'.

REF: 26630

As you have just released the new document to myself. Can you please explain what grounds redactions in this document were made, and what the scope of the information was, and can you release all information whcih was redacted EXCEPT the bare minimum that you need to so as to comply with the relevant allowances within the act.

IE: Page 9:
----
Exempt persons (continued)
A person who has limited leave (and so is not listed as one of the exempt categories above) and can demonstrate they meet all other requirements of regulation 15A, then they can acquire a derivative right of residence.
This is because a person with limited leave to remain does not have a permanent right of residence in the UK, and their leave may expire or be curtailed.
[REDACTED]
----

As you have obviously completed the IR on 26630, I would appriciate a PROMPT response stating that you will not be conducting an IR / Releasing the redacted information if that is the case - thus enabling me to progress my complaint onto the ICO

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/de...

Yours faithfully,

Wayne Pearsall

Freedom Of Information Team ( IND ), UK Border Agency

Thank you for contacting the UK Border Agency Freedom of Information Team.

The Freedom of Information (FoI) Act 2000 provides public access to any
recorded information held by public authorities
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

The Act does not give people access to their own personal data
(information about themselves). If you require information that a public
authority holds about you, you must make a Subject Access Request under
the Data Protection Act 1998. You can find further details on how to do
make a Subject Access Request by following the link below:
http://www.ukba.homeoffice.gov.uk/naviga...

We are unable to respond to other types of immigration enquiries or
general correspondence. For further information please visit our
comprehensive website at www.ukba.homeoffice.gov.uk.

Freedom of Information Act Policy Team
UK Border Agency

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

FOI Responses, UK Border Agency

Dear Mr Pearsall

 

Freedom of Information request:  Internal review of case 26630

 

Thank you for your email of 10 June 2013.

 

Paragraph 11 and Annex A of the internal review report explain the
exemptions under which redactions were made and there is nothing I can
usefully add.  I confirm that the report issued on 10 June 2013 concludes
the Home Office internal review process for this case.

 

Yours Sincerely

 

 

Yours Sincerely

 

M Riddle | Information Access Team
Information Management Service | Financial and Commercial Group
Ground Floor | Seacole Building | Home Office | 2 Marsham Street | London
SW1P 4DF
Switchboard Number: 0207 035 4848

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Dear UK Border Agency,

FAO: Martin Riddle
Ref: 26630

Thanks for the clarification on that, It appeared that you were withholding the information on OTHER DOCUMENTS under sec 35.

However, as my original request included:

----
Can you please provide (as per FOI 2000) a copy of all legislation relating to a persons derivative right to reside.
----

----
however, can you please provide me all information in relation to
who actually qualifies for a derivative right of residence.
----

----
please also issue a copy of all guidance, in relation to the Derivative right of residence..

and how ukba staff are made aware of a persons right to reside if they have a dependant british child.
----

As your internal review states:
----
This is because they focus on the processing of applications or the interplay between Zambrano cases and Article 8 in appeals cases and do not directly relate to guidance on who qualifies for a derivative right. These documents do however fall within the scope of two other FOI requests submitted by Mr Pearsall.
----
Legislatively, if the documents were/are to be released to me previously, you need to make reference to the release and therefore make it easily accessible.

Additionally. you state:
----
13. Mr Pearsall sought an explanation as to why the European Operational Policy Notice 11/2012 was not released, arguing that one of the documents released refers to it and therefore it is relevant guidance.

14. The European Operational Policy Notice 11/2012 deals with all appeal rights across the EEA Regulations with a small section referring to appeal rights for derivative applications. Mr Pearsall’s request asked for all guidance relating to who qualifies for derivative rights. Guidance on appeal rights does not provide any information on how a person qualifies in the first instance for a derivative right. Therefore this Policy notice is out of scope.
----

Falling within scope on the basis of 'qualifying' also falls within scope on the basis of 'not qualifying'. Additionally, as there is an appeals process for the purpose of refusing an application... it clearly falls within the scope of:
----
please also issue a copy of all guidance, in relation to the Derivative right of residence..
----

As you have clarified that you will not be replying further to this request, I will therefore escalate my complaint onto the ICO, for access to the requested information which you have 1) Redacted, 2) failed to supply.

Yours faithfully,

Wayne Pearsall

Freedom Of Information Team ( IND ), UK Border Agency

Thank you for contacting the UK Border Agency Freedom of Information Team.

The Freedom of Information (FoI) Act 2000 provides public access to any
recorded information held by public authorities
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

The Act does not give people access to their own personal data
(information about themselves). If you require information that a public
authority holds about you, you must make a Subject Access Request under
the Data Protection Act 1998. You can find further details on how to do
make a Subject Access Request by following the link below:
http://www.ukba.homeoffice.gov.uk/naviga...

We are unable to respond to other types of immigration enquiries or
general correspondence. For further information please visit our
comprehensive website at www.ukba.homeoffice.gov.uk.

Freedom of Information Act Policy Team
UK Border Agency

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Looking for an EU Authority?

You can request documents directly from EU Institutions at our sister site AskTheEU.org . Find out more .

AskTheEU.org