Effect on EEA2 Application for "Carpenter" case

The request was partially successful.

Wayne Pearsall

Dear UK Border Agency,

The Case... http://eur-lex.europa.eu/LexUriServ/LexU...

The Advocate General's text/recommendations: http://eur-lex.europa.eu/LexUriServ/LexU...

I ask: what provisions have been implemented into the UK's legislation to allow a person who aid's somebody to complete cross border / frontier services for the EU to remain in the UK.

I ask for a copy of all policy notices, and guidance issued in reference to this case... Case C-60/00.

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. 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

 

 

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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 'Effect on EEA2 Application for "Carpenter" case'.

Response to this request is delayed. By law, UK Border Agency should normally have responded promptly and by 31 May 2013.

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

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

 

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

Dear Freedom Of Information Team ( IND ),

still waiting for the response and IR for this request...

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

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.

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.

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 'Effect on EEA2 Application for "Carpenter" case'.

still no response, and its well overdue....

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

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

 

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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 recent e mail – as below. We are dealing with your enquiry and will respond in due course.

Regards

Information Access Team
Home Office

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Dear Freedom Of Information Team ( IND ),

RE: 159913 - https://www.whatdotheyknow.com/request/e...

Under section 3(2) of the European Communities Act 1972, judgments of the EU Court of Justice must be given effect in the UK.

This is the reason for my FOI request, as it appears clear that such a ruling has not been given effect under UK law.

Your response is clearly late, and your IR response has still not arrived.

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.

Freedom of Information Act Policy Team
UK Border Agency

 

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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 request under the Freedom of
Information Act regarding the effect of the "Carpenter" case on an EEA2
application.

 

Kind regards,

 

European Operational Policy Team

Home Office

 

 

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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 'Effect on EEA2 Application for "Carpenter" case'.

28377

My request was filed on may 1st. Your response has not been prompt. Taking 3 and s half months for response.

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

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 Requests, UK Border Agency

1 Attachment

Mr Pearsall,

 

Please find attached the response to your Internal Review time complaint.

 

Regards

 

J Kirby

 

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

Dear FOI Requests,

Re: 28377
https://www.whatdotheyknow.com/request/1...

Can you please confirm the following to me, providing me with any information that you feel suitable for release.

I do not require a detailed search in relation to this, and my request will be satisfied with a simple response. I daresay that your Litigation department would be the best department to provide this response.

Considering that the case of Carpenter Case C-60/00 was focused on the ECHR's and the "disproportionate effect's" on the family life of the Carpenter's, when read in light of the ECHR's... In the view of the Home Office what circumstances would this case actually be taken into account.

Noting the very nature of the ECHR, it seems clear to myself that the following circumstances would indeed come into play:

*) Any detention action involving a family member of a union citizen (I have read and have a copy of your criminal casework)
*) Any deportation actions (as highlighted by yourselves in your response above).
*) From caselaw involving your previous "Certificate of Approval" for marriages ETC, I daresay any action you take to infringe on a lawful (genuine) marriage

What other situations are the home office aware that this case would have a significant bearing.

Should you wish to invoke the excemption that to answer any of these questions would create new information (I am certain information regarding my questions above already exists) then please conduct a search for information. I simply provide you with the opportunity to minimise any workload on this request as much as possible (I am sure your litigation department are more than able to answer this request with their "extensive" knowledge and documents on hand, as the Euro Dept appears to have provided a rather detailed reply to my original request.)

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.

 

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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

 

Re: follow-up to UKBA case 28377 (159913)

 

 

Thank you for your follow up e mail – as below. We are dealing with your
enquiry and will respond in due course.

 

Regards

 

Information Access Team

Home Office

 

 

 

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Wayne Pearsall left an annotation ()

Other useful reading.
Advocate General's opinion: http://eur-lex.europa.eu/LexUriServ/LexU...
And other documents: http://eur-lex.europa.eu/Result.do?arg0=...

European Operational Policy Enquiries, UK Border Agency

1 Attachment

Dear Mr. Pearsall,

 

Please find attached the Home Office’s response to your request under
reference FOI 28802.

 

Kind regards,

 

European Operational Policy Team

Home Office

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 'Effect on EEA2 Application for "Carpenter" case'.

this is considering 28377 which you failed to provide the requested information for.

I note that the Litigation Dept would of been provided with an update of some sort in relation to the case. This was not provided. neither was the update

You state that the request is a repeat request, that would not any real value. I did however give you the opportunity to summarise in more respect the actual scope of Carpenter - that covers far more than the respect for family life as already outlined by the Euro Dept.

I know that in this respect therefore that you have failed to provide the requested information, and that you do infact hold information in respect of case C-60/00 as I requested in 28377.

You have refused request 28802 stating that it is a repeat request, however, as it was clear the recent request, you should of actually looked at the request and understood that this would therefore be a request for internal review, as you obviously hold further information.

A request for internal review does not need to state this fact - however, this request is outlining this fact very clearly!

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

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.

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 'Effect on EEA2 Application for "Carpenter" case'.

28377

Still awaiting my long awaited internal review for this case. I note I requested information held on relation to the carpenter case. You failed to provide such information.

You are also by virtue of the commissioners guidance breaching the requirement to be prompt in responding to an internal review. It had been far longer than 20 days. ...

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

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 Requests, UK Border Agency

Dear Mr Pearsall,

 

Ref: 28377

 

Thank you for your email of 03/12/13 in which you ask for an internal
review of our response to your Freedom of Information request of 01/05/13.

 

We will aim to send a full response by 03/01/14 which is twenty working
days from the date when we received your Internal Review request.

 

The Internal Review will be carried out by N.Rawell. If you have any
questions then please do not hesitate to contact FOI Requests using the
above e-mail address.

 

Yours sincerely

 

FOI Requests

Home Office

2, Marsham Street

London

SW1P 4DF

 

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

Dear FOI Requests,

28377

Note the internal review request was submitted in Sept.

As per edtk website

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

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 'Effect on EEA2 Application for "Carpenter" case'.

Further to request 28377, I Find it rather disgusting that you have failed to provide me with your recorded information in relation to the case of Carpenter (Case C-60/00).

I Find it even more distressing that the Home Office have amended the EEA Regs with effect from the 1st Jan 14 ( http://singhroute.info/2013/12/the-uk-ch... ) and this amendment clearly does not take account of the very clear ruling (as outlined by yourselves) of the ECJ in the case of Carpenter.

It appears clear to myself that the case of Carpenter has not been given effect in the UK, despite the requirement outlined within Section 3(2) of the European Communities Act 1972 that judgments of the EU Court of Justice must be given effect in the UK.
http://www.legislation.gov.uk/ukpga/1972...

As I requested informaton relating to the case of Carpenter, I am certain that these amendements were being progessed when I made my initial request to yourselves, and therefore the information you store on the case of Carpenter should of been provided to myself.

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

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.

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 'Effect on EEA2 Application for "Carpenter" case'.

28377

3/1/14 has come n gone. .. Still waiting.

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

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 Requests, UK Border Agency

1 Attachment

Dear Mr Pearsall,

 

Please find the attached response to your internal review request.

 

Best Regards

 

Home Office  

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

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