New European Operational Policy Notices

The request was partially successful.

Dear UK Border Agency,

This is a FOI request for a copy of notices issued by the European
Operational Policy Team. I would like all notices from start of
August 2012 and continuing to the end of March 2013.

For each notice, I would request a complete copy.

Should any part of it be legally exempt from release, I would
request that the minimal portion that is truly exempt be redacted,
that the reason for that specific redaction be indicated, and that
the rest of the notice be released.

For each notice that is withheld in its entirety, I would request
that the “Subject”, “date of issue”, and “Issue number”, and number
of pages in the notice be provided, along with the specific reason
that the notice was withheld.

Yours faithfully,

Robert Simpson

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.

Freedom Of Information Team ( IND ), UK Border Agency

Dear Robert Simpson

Thank you for your recent email concerning the above matter.

We are dealing with your enquiry and will respond shortly.

Ref: 27127

Kind Regards,

UKBA
FOI Team

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Wayne Pearsall left an annotation ()

Jonathan Devereux
Head of European and Nationality Operational Policy
Tel 0151 213 4441
Email jonathan.devereux2@ ukba.gsi.gov.uk

Kirsen Ferguson
Head of European Operational Policy
UK Border Agency By e-mail: Kirsen.Ferguson@ homeoffice.gsi.gov.uk

CC by e-mail: Serena Bryant, European Operational Policy Manager, UK Border Agency, Serena.Bryant@ ukba.gsi.gov.uk

Steve Long, Director for Permanent Migration, Home Office, Steve.Long5@ homeoffice.gsi.gov.uk

Sonia Dower, Director of Operational Policy and Rules Unit, Strategy and Intelligence Directorate, UK Border Agency, Sonia.Dower2@ homeoffice.gsi.gov.uk

were correct as of 14 February 2013

I think these emails will be useful for Euro department...

also:

Eddy Montgomery, UK Border Agency,
head of "enforcement" for northern england / wales
Tel 0151 213 2188 (liverpool new hall place - he has various numbers throughout the uk such as 0114 207 1434 and others...)
Email Eddy.Montgomery3@ homeoffice.gsi.gov.uk

might be worth noting that these details are in the public domain, so their "redactions" are not in the public interest :) many others too ;)

Dear Freedom Of Information Team ( IND ),

The statutory time limit of 20 days for a response is now over.

Can I please get an update on the status of my request?

Yours sincerely,

Robert Simpson

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.

European Operational Policy Enquiries, UK Border Agency

11 Attachments

Dear Mr Simpson,

Please find attached a response (with annexes) to your Freedom of Information request of 10 April. I apologise for replying after the 20-working day deadline.

There should be ten annexes (A to J), in addition to the response letter. If you are unable to access any of these documents, please contact us at this email address.

Your sincerely,

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

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Robert Simpson left an annotation ()

A complete list of previously released European policy notes are here: https://dl.dropboxusercontent.com/u/2788...

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 'New European Operational Policy Notices'.

You write: “In Notice 02/2013 (included at Annex I to this response), paragraph 3 has been redacted in accordance with section 35(1)(a) of the Act. [...] The information relates to the development of our policy on conducting marriage interviews in applications for documentation under the Immigration (European Economic Area) Regulations 2006.”

This paragraph is part of a Notice that is widely accessible within HO, including junior staff worldwide: Thousands of staff can and should be reading it as part of their ongoing operational and training work.

It is unclear how public release of this paragraph could realistically hinder the ability to “conduct rigorous and candid risk assessments of the policy being developed”. Is the paragraph really so sensitive and central to the policy development being done?

I imagine the paragraph is factual, and shows the department as professional and, within lawful limits, responsive to the needs of ministers. I do not expect there is anything untoward in its description of department policy.

There is simultaneously a strong public interest in releasing the paragraph. Home Office legally must comply with established European free movement statute and case law when assessing possible marriages of convenience: (1) The initial burden of proof lies with UKBA; (2) Interviews (or other requests for evidence) can only be required when UKBA have case specific suspicions; (3) UKBA is legally prevented from discriminating on the basis of the nationality of either the EU citizen or the non-EU family member (http://tinyurl.com/oz5l49f). There have been historic problems with UKBA’s compliance with the law on these points (e.g. http://tinyurl.com/78caty9). There is an acute public interest in seeing that UKBA is aware of and complies with the law.

I also request review of a separate problem. Several of the released notices contain redacted links to the Intranet: “We have removed links to our staff intranet as these would not be accessible to members of the public and we do not consider their content to be material to the substance of your request.”

I asked for a “complete copy” of each Notice. The Notices refer to other HO/UKBA documents as part of their narrative and for a reason. I would like the references. While I understand that the full links would be unclickable to members of the public, I would request that the full links be released for each Notice (along with descriptive text that decorates the link), or otherwise that that full identifying details be provided about the material pointed to by each link (including name of document, part of the document linked to, organization producing the document, reference number of the document, current version of document).

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

Yours faithfully,

Robert Simpson

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.

FOI Requests, UK Border Agency

Dear Mr Simpson,

 

Ref: 27127

 

Thank you for your email of 11/06/13 in which you ask for an internal
review of our response to your Freedom of Information request of 10/04/13.

 

We will aim to send a full response by 09/07/13 which is twenty working
days from the date when we received your Internal Review request.

 

The Internal Review will be carried out by I.Fraser. 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.

FOI Requests, UK Border Agency

Dear Mr Thomas,

 

I regret that we have been unable to send you a full response to your
internal review request within 20 working days. I would like to apologise
on behalf of the Department for this delay, but I can assure you that we
are dealing with your request and we will send you a full reply shortly. 

 

If you have any questions about the handling of your information request
in the meantime, please do not hesitate to contact me.

 

Yours sincerely,

 

Information Access Team

 

 

 

 

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

Wayne Pearsall left an annotation ()

who is mr thomas?

Wayne Pearsall left an annotation ()

Rob,

I saw in one of their notices somewhere "You should not refuse on the basis of internal culture within a team"

or simular... Don't suppose you know which document it was located in... It was relating to refusal of an unmarried partner, but cant find it... (i think it will help to demonstrate the fact that the Home Office are aware of a very racially .... well environment... when it goes to court :)

Robert Simpson left an annotation ()

I do not recognize that phrase in anything that has been released. Sounds very odd and unlike the clear writing of the European team.

Wayne Pearsall left an annotation ()

Found it...

In 11/2012:

Durable Partners
9. Due to the wording of regulation 26(3) a right of appeal can only be
restricted if a person claims to be a ‘family member’ or ‘relative’ of an
EEA national. This does not include durable partners applying as
extended family members of EEA nationals as they do not meet either
of these definitions. This means that durable partners will have a right
of appeal in all EEA decisions even where no evidence of relationship
or identity has been provided. Further detail can be found in policy
notice 08/11. *****It is important that caseworkers do not illegitimately
restrict appeal rights in such cases on the basis of any practice within
casework teams.****

------

Would you agree that this is a useful peice of evidence to demonstrate that the Home Office is aware of illegal practices within their organisation, which are "racially motivated"?

FOI Requests, UK Border Agency

1 Attachment

Dear Mr Simpson,

 

Please find attached the internal review that has been carried out further
to your request.

 

Yours sincerely,

 

Information Access Team

 

 

 

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

Wayne Pearsall left an annotation ()

Did u follow this up robert? A document is stored information. As you asked for a full copy the whole document falls within scope of your request, as I'm sure you're aware. ?.

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