Information required is : has Anthony John Abbott renounced his British citizenship.

Waiting for an internal review by Home Office of their handling of this request.

Dear Home Office,
Anthony John Abbott was born in London on 4 November 1957.

I need to know if Mr Abbott has renounced his British citizenship or not.

I do not require a copy of the form RN nor of any letter sent to him regarding renunciation of British citizenship.

The UK Data Protection Act 1998 allows me to make this application under section 35.

35 Disclosures required by law or made in connection with legal proceedings etc.

(1)Personal data are exempt from the non-disclosure provisions where the disclosure is required by or under any enactment, by any rule of law or by the order of a court.

(2)Personal data are exempt from the non-disclosure provisions where the disclosure is necessary—

(a)for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or

(b)for the purpose of obtaining legal advice,

or is otherwise necessary for the purposes of establishing, exercising or defending legal rights.
~~~~~~~~~~~~~~~~~~~~

I require the information to obtain legal advice on prospective legal proceedings against Mr Abbott under an Australian law called the Common Informers (Parliamentary Disqualifications) Act 1975. This Act requires one to determine if Mr Abbott is disqualified from parliament under S44 of the Australian constitution. The existence or not of renunciation of British citizenship would allow me to seek legal advice. Part 2 (a) of that section of the data Protection act is most relevant, " (a)for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings),"

Yours faithfully,
Tony Magrathea

FOI Requests, Home Office

Dear Tony Magrathea,

 

 

Thank you for contacting the Home Office with your request.

 

This has been assigned to a caseworker (case ref 41951). We will aim to
send you a full response by 20/12/16 which is twenty working days from the
date we received your request.

 

If you have any questions then please do not hesitate to contact us.

 

 

Thank you,

 

A Callaghan

FOI Requests

Home Office

 

 

 

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tony magrathea left an annotation ()

I dont know what is happening in the Home Office. Yesterday I got an email saying the SAR unit had refused my request and that I must contact Mr Abbott directly.

No FOI officer had seen the request, Isent this response to them.
If the information is needed for any prospective legal proceedings you must release the information.

As the legal proceedings are against Mr Abbott he will not allow the release of the information. The reason for having to go the way of legal proceedings is because Mr Abbott refuses in parliament to show he has renounced his British citizenship.

Read the Data protection act, I did provide a copy.

35 Disclosures required by law or made in connection with legal proceedings etc.

(1)Personal data are exempt from the non-disclosure provisions where the disclosure is required by or under any enactment, by any rule of law or by the order of a court.

(2)Personal data are exempt from the non-disclosure provisions where the disclosure is necessary—

(a)for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or

(b)for the purpose of obtaining legal advice,

or is otherwise necessary for the purposes of establishing, exercising or defending legal rights.

The information is needed for the purpose of obtaining legal advice. 35 2 (b) Is is needed for prospective legal proceedings 35 2 (a)

35 1. Personal data are exempt from non-disclosure where the disclosure is required by " any rule of law"

The Australian Constitution, S44, requires all prospective members of parliament to renounce all citizenships except Australian. Mr Abbott was born British. Is he in breach of the Australian Constitution? To find out a simple question is asked of you. Has he or has he not renounced his British citizenship? The Australian Constitution is a rule of law, the information must be provided to determine Mr Abbott has entered parliament legally.

The answer to the simple question is needed to begin legal proceedings against Mr Abbott. The matter has to proceed in the Australian High Court and is integral in any proceedings against Mr Abbott.

Your laws do not protect the guilty by refusing information. Similarly if he has renounced his British citizenship then there is no legal proceedings.

Dear FOI Requests,

Yesterday I got a reply from the Subject Access Request refusing the information. No name or reference number was included.

I responded to them with the following:- If the information is needed for any prospective legal proceedings you must release the information.

As the legal proceedings are against Mr Abbott he will not allow the release of the information. The reason for having to go the way of legal proceedings is because Mr Abbott refuses in parliament to show he has renounced his British citizenship.

Read the Data protection act, I did provide a copy.

35 Disclosures required by law or made in connection with legal proceedings etc.

(1)Personal data are exempt from the non-disclosure provisions where the disclosure is required by or under any enactment, by any rule of law or by the order of a court.

(2)Personal data are exempt from the non-disclosure provisions where the disclosure is necessary—

(a)for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or

(b)for the purpose of obtaining legal advice,

or is otherwise necessary for the purposes of establishing, exercising or defending legal rights.

The information is needed for the purpose of obtaining legal advice. 35 2 (b) Is is needed for prospective legal proceedings 35 2 (a)

35 1. Personal data are exempt from non-disclosure where the disclosure is required by " any rule of law"

The Australian Constitution, S44, requires all prospective members of parliament to renounce all citizenships except Australian. Mr Abbott was born British. Is he in breach of the Australian Constitution? To find out a simple question is asked of you. Has he or has he not renounced his British citizenship? The Australian Constitution is a rule of law, the information must be provided to determine Mr Abbott has entered parliament legally.

The answer to the simple question is needed to begin legal proceedings against Mr Abbott. The matter has to proceed in the Australian High Court and is integral in any proceedings against Mr Abbott.

Your laws do not protect the guilty by refusing information. Similarly if he has renounced his British citizenship then there is no legal proceedings.

And I advsied ICo an FOI request had not gone to an FOI officer.

Yours sincerely,

tony magrathea

Further Nationality Enquiries, Home Office

Dear Tony Magrathea,

Thank you for you enquiry.

I hope that you will understand that in order to safeguard an individual’s personal information and comply with the Data Protection Act 1998, we are limited in the information we can provide when the request is made by someone who is not the subject of the application. Except in a few exceptional circumstances, we must ensure we have the written authority of the individual concerned before the information is divulged to anyone else.

We have no record that applicant has provided us with written confirmation that they wish you to act on their behalf. However, if you can provide us with this authority it will be possible to respond to your correspondence in more detail.

UK Visas & Immigration
The Capital Building
Department 1
New Hall Place
Liverpool
L3 9PP

UK Visas & Immigration does consider the content of each piece of correspondence carefully and I hope that you can understand that this reply is not simply a question of secrecy for its own sake, but is a proportionate response to protecting the privacy of the individual.

Regards

M Goode
Central Correspondence team
Customer Service Operations
UK Visas and Immigration
www.gov.uk/ukvi

We would like to hear about your experience and invite you to spend a few moments completing this customer satisfaction survey:
www.homeofficesurveys.homeoffice.gov.uk/...

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Dear Further Nationality Enquiries,

Your Data Protection Act says the following:-

35 Disclosures required by law or made in connection with legal proceedings etc.

(1)Personal data are exempt from the non-disclosure provisions where the disclosure is required by or under any enactment, by any rule of law or by the order of a court.

(2)Personal data are exempt from the non-disclosure provisions where the disclosure is necessary—

(a)for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or

(b)for the purpose of obtaining legal advice,

or is otherwise necessary for the purposes of establishing, exercising or defending legal rights.

The information is needed for the purpose of obtaining legal advice. 35 2 (b) Is is needed for prospective legal proceedings 35 2 (a)

The Data Protection Act states that personal data is exempt from none disclosure where the information is required by any rule of law. The law determining this information is needed is the Australian Constitution, it was enacted by the UK parliament in 1901. A member of the Australian parliament can not become an Australian MP while they still have British citizenship, S44 of the constitution. If there is no renunciation of British citizenship by Mr Abbott then he is in parliament illegally and the prospective legal proceedings mentioned above will commence.

If he has renounced his British citizenship then he is in parliament legally and no legal proceedings will commence.

Your data Protection Act says you can answer my request, so why claim it doesn't?

The UK Data Protection Act works to protect the information of an individual and to allow others to attempt prospective legal proceedings against individuals.

Section 35 allows me to request the information because of prospective legal proceedings. The wording of the law allows me to get the information requested. Your prevarication looks like political interference to protect conservative politician in Australia. Are you a member of the Conservative Party or have you been directed by your Parliamentary Minister to refuse this request even though the Data Protection Act allows it?

Why has the response come from the Central Correspondence Team instead of the FOI people?

Yours sincerely,

Tony Magrathea

Dear Further Nationality Enquiries,

You might also look at S29 of hte Data Protection Act =

29 Crime and taxation.

(1)Personal data processed for any of the following purposes—

(a)the prevention or detection of crime,

(b)the apprehension or prosecution of offenders, or

(c)the assessment or collection of any tax or duty or of any imposition of a similar nature,

are exempt from the first data protection principle (except to the extent to which it requires compliance with the conditions in Schedules 2 and 3) and section 7 in any case to the extent to which the application of those provisions to the data would be likely to prejudice any of the matters mentioned in this subsection.

PREVENTION OR DETECTION OF CRIMES
If Mr Abbott has not renounced his British citizenship he is in breach of S44 of the Australian Constitution
" COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 44
Disqualification

Any person who:

(i) is under any acknowledgment of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power; or "

29 1 (a) detection of a crime

If you are worried about the Australian Constitution being a foreign law, it isn't. It was created by the UK government in 1901, google or your law books will show that. If Mr Abbott is a British citizen, ie foreign citizen as per the constitution, then the information must be given. Your ridiculous demand he must sign a document saying he releases the information asks him to self incriminate if he is still a British citizen.

Is Mr Abbott still a British citizen?

Yours sincerely,

tony magrathea

Dear Further Nationality Enquiries,

If you require copies of the writ of summons and other legal documents prepared for the High Court of Australia please provide an email address so I can forward a copy of you.

As set out in other replies and notations to this, the Data Protection act allows you to release information for prospective court cases.

Yours sincerely,

tony magrathea

FOI Requests, Home Office

1 Attachment

Dear Tony,

 

Please find attached FOI response to your request.

 

 

Regards

R Patel

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Dear Home Office,
Ref 41951
Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Home Office's handling of my FOI request 'Information required is : has Anthony John Abbott renounced his British citizenship.'.

You state you refuse to confirm nor deny because of section 40(5) of your FOI act.

The only copy available internationally is at the official UK government site - http://www.legislation.gov.uk/ukpga/2000...

You state section 40 (5) applies.
Section 40 (5) says
(5)The duty to confirm or deny—

(a)does not arise in relation to information which is (or if it were held by the public authority would be) exempt information by virtue of subsection (1), and

(b)does not arise in relation to other information if or to the extent that either—

(i)the giving to a member of the public of the confirmation or denial that would have to be given to comply with section 1(1)(a) would (apart from this Act) contravene any of the data protection principles or section 10 of the M4Data Protection Act 1998 or would do so if the exemptions in section 33A(1) of that Act were disregarded, or

(ii)by virtue of any provision of Part IV of the M5Data Protection Act 1998 the information is exempt from section 7(1)(a) of that Act (data subject’s right to be informed whether personal data being processed).
~~~~~~~~~~~~~~~~~~
The M4 mentioned specifies section 29 of the Data Protection Act, there is no part 10 of S29 of the Data Protection Act.

Section 40 (5) (ii) says by any virtue of part 4 of the Data Protect Act S 29 you don’t have to inform the person the data relates to.
Part 4 of S 29 of the Data Protection act specifies you can release information if it relates to the detection of a crime.

If Mr. Abbott has not renounced her British citizenship she has signed false declarations on her nomination for election form for election stating that she complies with S44 of the Australian constitution. That was explained to you. S44 does not allow dual citizens to stand for election to parliament in Australia.

If your electronic version of the FOI act 40 (5) )b) (1) relates to section 10 of the Data Protection Act then you still have to release the information requested.
The electronic version of the Data Protection Act I have access to is http://www.legislation.gov.uk/ukpga/1998...

The ICO has set out in its information pages that the information is allowed to be released. All that is required is a response to has Mr Abbott renounced her British citizenship and if she has, then when.

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

Yours faithfully,

tony magrathea

FOI Responses, Home Office

1 Attachment

 

 

Dear Mr Magrathea

 

Please find attached the Home Office response to your internal reivew
request of FOI case 41951

 

Yours Sincerely

 

M Riddle

Knowledge and Information Management Unit

Performance and Risk Directorate

4th Floor Peel

2 Marsham Street

London

SW1P 4DF

T: +44 (0)20 7035 4848

 

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tony magrathea left an annotation ()

I will now take the matter to the Information Commissioner

The Home Office seem to be doing all they can to protect an Australian politician from being declared an illegal member of parliament here - the Home Office refuse to consider parts of hte Data Protection Act which allows informeation to be released if there is a possible legal action.

If the information is released - has he renounced or not, would determine High Court action in Australia. High Court action is waiting on a yes or no response.

If he has renounced his British citizenship it would be simplicity itself to say yes and then the matter would not proceed in court.

I am not impressed at all with what looks like ministerial intervention form the UK Government to protect Tony Abbot.

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