Foreign and Commonwealth soldiers, sailors and airmen

[name removed April 2013] made this Freedom of Information request to UK Border Agency This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was refused by UK Border Agency.

[name removed April 2013]

Dear UK Border Agency,

Background:

With the recent media attention with regard to Isimeli Bale Baleiwai,

http://www.channel4.com/news/ukba-ignore...

An online petition has been created here with 28200 signatures at the time of writing: http://www.gopetition.com/petitions/stop...

It states:-

We, the undersigned, call on the British Government to grant British Citizenship to Isimeli Baleiwai after 13 years military service with the British Armed Forces.

We, the undersigned, call on the British Government to review immigration Law and Policy regarding Foreign and Commonwealth Soldiers.

I would like to request under the freedom of information act 2000:-

1) with the list of offences capable of being dealt with by HM Forces summary hearings (http://www.legislation.gov.uk/ukpga/2006...). Can I request any policy, guidelines, or information UKBA hold that would allow the list in the link above to be considered acceptable in any other circumstances.

2) Far be if for me to disagree with over 28 thousand people (my name is also on the petition) but can I request any correspondence, minutes of meetings, marginal notes, emails and policy between UKBA and the MoD, that would suggest perhaps the MoD justice system is over criminalising servicemen and women, and UKBA are following guidelines.

Yours faithfully,

[first name of requester removed] [last name of requester removed]

Freedom Of Information Team ( IND ), UK Border Agency

Dear [first name of requester removed] [last name of requester removed],

Thank you for your email.

We will respond shortly.

Yours sincerely,
UKBA Freedom of Information Act Team

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[name removed April 2013]

Dear Freedom Of Information Team ( IND ),

Can you please clarify for me which of the list are service offences that relate only to HM Forces and which are the same as criminal offences given by non militery courts?

Yours sincerely,

[first name of requester removed] [last name of requester removed]

Freedom Of Information Team ( IND ), UK Border Agency

Dear [first name of requester removed] [last name of requester removed],

Further to your below request.

Section 1(3) of the Freedom of Information Act provides that a public authority need not comply with a request for information unless any further information reasonably required to identify and locate the information is supplied. I am unclear about the exact scope of the information in which you are interested. To ensure that we provide you with the right information, please could you clarify your request, so that we can process your request.

It is not clear what you mean by "... allow the list [of service offences] in the link above to be considered acceptable in any other circumstances" and I would grateful if you could elaborate.

Additionally, Q2, which guidelines are you referring to.

When you provide this information we will aim to send you a full response to your request within twenty working days of its receipt. I look forward to hearing from you shortly. However, please note that if I do not receive appropriate clarification of your request within three months from the date of this letter, I will consider this request to be closed.

Yours sincerely,

Freedom of Information Act Policy Team

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[name removed April 2013]

Dear Freedom Of Information Team ( IND ),

1) Please note that Question 1 contains a link which shows criminal offences that are not unique to our Armed Forces. Could any of these offences be ignored by UKBA when considering a residency application if the conviction was by any other court in the land?

2) The home office are considering changing immigration law to exempt HM Forces summary hearings from be considered for residency applications. I am interested to see if the above list of criminal offences would be exempt or included. If they were able to be ignored for residency applications, it would suggest the summary hearing process is flawed. Can I request any correspondence, minutes, marginal notes etc on what is being considered, by UKBA the Home office and the MoD?

Yours sincerely,

[first name of requester removed] [last name of requester removed]

Freedom Of Information Team ( IND ), UK Border Agency

Dear [first name of requester removed] [last name of requester removed],

Thank you for your email, in which you ask for information regarding Foreign & Commonwealth Soldiers, Sailors & Airmen.

We will respond shortly.

Yours sincerely,
UKBA Freedom of Information Act Team

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[name removed April 2013]

Dear Freedom Of Information Team ( IND ),

This request is now due,

Attached is a link to the home office website showing the announcement of changes to the law for foreign and commonwealth soldiers:-

http://www.homeoffice.gov.uk/publication...

introduce a limited leave „route? for foreign and Commonwealth ex-Armed Forces personnel who fail to qualify for indefinite leave or citizenship because of a relatively minor conviction

Can I please request you supply the information requested

Yours sincerely,

[first name of requester removed] [last name of requester removed]

Freedom Of Information Team ( IND ), UK Border Agency

Dear [first name of requester removed] [last name of requester removed],

I apologise for the delay to your request. I can confirm we are actively looking into your request and shall respond as soon as possible.

Yours sincerely,

Freedom of Information Act Policy Team

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[name removed April 2013]

Dear Freedom Of Information Team ( IND ),

This request is now late. A report submitted to the defence select committee. A summary of which can be found here:-

http://www.publications.parliament.uk/pa...

summary hearings are unlawful convictions now as they do not comply with ECHR or Military Covenant, but instead of examining the summary hearing system, 
http://www.legislation.gov.uk/ukpga/2006...
These convictions are being passed off as minor disciplinary offences. 

can I request any correspondence you may have between the MoD?

Yours sincerely,

[first name of requester removed] [last name of requester removed]

[name removed April 2013] (Account suspended) left an annotation ()

I am personally of the opinion that all foreign and commonwealth soldiers should not be treated as second class citizens in HM Forces. Many of the laws we have are a throwback from the days of the British Empire. Why can't our foreign and commonwealth servicemen apply for citizenship whilst still serving?

[name removed April 2013]

Dear Freedom Of Information Team ( IND ),

Can I request once more my request from October is responded to.
Can I request all the correspondence that UKBA has had with the MoD regarding summary hearings?

If exempt under section 12, can I request only the latest information within cost limits?

Yours sincerely,

[first name of requester removed] [last name of requester removed]

Freedom Of Information Team ( IND ), UK Border Agency

1 Attachment

Dear [first name of requester removed] [last name of requester removed],

I have attached a copy of your response, which should have been sent but due to an oversight it wasn't.

I apologise for any inconvenience this may have caused you.

Yours sincerely,

Freedom of Information Act Policy Team

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[name removed April 2013]

Dear Freedom Of Information Team ( IND ),

Thank you for the response, it explains very briefly the position of UKBA, but no rationale as to why.
I have requested all correspondence between UKBA and the MoD and I would imagine there must be considerably more.

Yours sincerely,

[first name of requester removed] [last name of requester removed]

Freedom Of Information Team ( IND ), UK Border Agency

Dear [first name of requester removed] [last name of requester removed],

If you do not consider that your response has been answered completed or information has been withheld without the appropriate exemption, then you should request an internal review and the matter will be investigated by someone not involved in answering the request.

The response contained the address and email link to request a review.

Regards,

FOI Team

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[name removed April 2013]

Dear Freedom Of Information Team ( IND ),

Before I apply for an internal review, I note that under s16 of the Act, it is the UKBA's duty to provide advice and assistance, so far as it would be reasonable to expect the authority to do so. The day after Bale Baleiwai was found not guilty when he had a fair trial, 
UKBA announced changes in immigration policy for foreign and commonwealth soldiers.

There has been considerable media attention regarding this issue, and on the first of November I requested all correspondence and minutes of meetings etc between the MoD, UKBA and Home Office. Kindly prove the information requested or an appropriate reason for exemption under the freedom of information act 2000.

Yours sincerely,

[first name of requester removed] [last name of requester removed]

[name removed April 2013]

Dear Freedom Of Information Team ( IND ),

Will UKBA provide any correspondence or minutes of meetings between UKBA and the MoD, or an appropriate reason for exemption?

The answer provided does not answer my request?

Yours sincerely,

[first name of requester removed] [last name of requester removed]

FOI Requests, UK Border Agency

1 Attachment

Dear Mr [last name of requester removed]

 

Please see the attached for your attention.

 

Regards

Stephen Opaleye

 

Information Management Service (IMS) | Shared Services Directorate |
Finance  and Corporate Services Group | Information Services Centre |
Lower Ground Floor | Seacole Building | 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.

[name removed April 2013]

Dear FOI Requests,

It is not my wish to apply for an internal review. As my I have not received an answer to my initial request for UKBA to provide any correspondence or minutes of meetings with the MoD on the subject or summary hearings, or an appropriate reason for exemption?

Could this be done before I apply for internal review?

Yours sincerely,

[first name of requester removed] [last name of requester removed]

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.

[name removed April 2013]

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 'Foreign and Commonwealth soldiers, sailors and airmen'.

UKBA obviously do not intend to reply any time soon, so I request an internal review of this case please

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

Yours faithfully,

[first name of requester removed] [last name of requester removed]

FOI Responses, UK Border Agency

1 Attachment

FOI 24872- Request for Internal Review

 

Dear [first name of requester removed] [last name of requester removed]

 

Please see attached response to your e-mail of 12 February 2013.

 

Regards

 

The Information Access Team

Shared Services Directorate

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.

FOI Responses, UK Border Agency

1 Attachment

 

FOI 24872- Request for Internal Review

 

Dear [first name of requester removed] [last name of requester removed]

 

Please see attached final response to your request for an internal review.

 

Regards

 

The Information Access Team

Shared Services Directorate

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.