Notices issued by the European Operational Policy Team

Robert Simpson 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 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 January 2006 and continuing to the end of July 2012.

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

Dear Robert Simpson,

Thank you for your recent e mail concerning the above matter. We are currently dealing with your enquiry and will respond shortly.

Kind Regards

UKBA
FOI Team

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European Operational Policy Enquiries, UK Border Agency

2 Attachments

Dear Mr. Simpson,

Thank you for your email dated 28th August in which you made a request for information under the Freedom of Information Act 2000. Please see the attached documents for the UK Border Agency's response to your request. Annex B has been attached separately in a word document to enable the embedded files to be opened.

Yours sincerely,

European Operational Policy Team
UK Border Agency

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Dear European Operational Policy Enquiries,

Thank you for your response to FOI 24027. It is a pleasure to have such a straight forward reply.

If you could please help me resolve a few problems with the format of the response.

(1) Policy Note 03/2011 Reconsidering decisions in European Applications (revised) from 04/04/2011 was listed as included but not actually included in the response. Could you please resend.

(2) Policy Note 04/2011 People claiming to be family members of EEA Nationals: right to work 23/05/2011 seems to have been included but was not readable. Could you please resend.

(3) Policy Note 12/2012 Retained Rights 16/07/2012 was listed as included not actually included in the response. Could you please resend.

(4) Policy Notes 09/2011 14/2011 17/2011 18/2011 and 06/2012 were not included. Can you please explain why they were not included.

Yours sincerely,

Robert Simpson

European Operational Policy Enquiries, UK Border Agency

Thank you for contacting the European Operational Policy Team.

We aim to respond to queries received into this inbox within 10 working
days.

 

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

ebla left an annotation ()

Hi, Eopt,am a family member of an eea national legaly living in portugal(permanent resident permit 5 year),my wife is a portugues living and working part time job in the uk (17 to 20 hours per week)i have applied 4 a visa to enter the uk to joing my family my wife and daugher abaout a year ago but was refused visa then because she wasn,t working then,i wish to reapply again now that she is woking do u think with her working part time i can succed in getting my visa this time to joing my family in the uk. Your urgent reply is needed.thanks

Dear European Operational Policy Enquiries,

Any update? Is your team handling this or is somebody else?

Yours sincerely,

Robert Simpson

European Operational Policy Enquiries, UK Border Agency

Thank you for contacting the European Operational Policy Team.

We aim to respond to queries received into this inbox within 10 working
days.

 

show quoted sections

 

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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

Dear Mr. Simpson,

Thank you for your email. We are dealing with your enquiry dated 8 October and will seek to come back to you with a response on this as soon as possible.

Yours sincerely,

European Operational Policy Team
UK Border Agency

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European Operational Policy Enquiries, UK Border Agency

3 Attachments

Dear Mr. Simpson,

Thank you for your email dated 8 October regarding our response to your Freedom of Information request.

I have attached the notices referred to in points (1) and (2) of your enquiry. Please accept my apologies that these were not attached or not readable in our original response. Please let me know if you have any difficulty in opening these documents.

You have enquired about the omission of policy notices 09/2011, 14/2011, 17/2011, 18/2011 and 06/2012. I can advise that no policy notices exist with these numbers. The reason for this is that policy notices may exist in draft form, but may be delayed or abandoned should revisions to the policy take place while the notice is still in draft. Where a notice is delayed beyond the release of other notices with a later release number, the number of the delayed notice is amended to reflect the later release date. I apologise if this has caused any confusion. We have since changed the way in which these notices are numbered and now only assign an issue number to a notice when it is ready to be released. This should avoid similar problems arising in future.

I trust that this response answers your enquiry satisfactorily.

Yours sincerely,

European Operational Policy Team
UK Border Agency

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Robert Simpson left an annotation ()

I have created a page that makes it easy to browse through these Notices. I will update it if and when they release more. See https://dl.dropbox.com/u/27885818/UK/FOI...

M Soha left an annotation ()

I was looking for such information, really appreciated your help.
Soha

Robert Simpson left an annotation ()

Glad it is useful to you!

I note that it seems better written than most of the stuff from UKBA. Not always right, but at least more clear.

Serlya Zaik left an annotation ()

Hi
Can any one advice European Operational Policy Enquiries
e-mail address please.

Mark left an annotation ()

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 'Notices issued by the European Operational Policy Team'.

I would like to request that withheld notices 19/2011, 02/2012 and 05/2012 be released in their entirety. These are existing notices which document existing (or historic) UKBA operational policy with regard to European free movement. The policy they codify is at the very core of European free movement: British decisions to prevent EU citizens and their family members from exercising their (EU treaty based) free movement rights.

You indicate that this “policy is currently under development”. While UKBA may be intending to revise policy at some point in the future, this FOI request has not asked for documents or information about ongoing internal discussions regarding future policy alterations.

UKBA has had established policy in these areas for years, and has been used on a daily basis as part of UKBA’s operations. Directive 2004/38/EC, transposed into UK law 7 years ago, mandates such policy be in place. The prospect of future policy changes does not suddenly render existing operational policy unreleasable.

You write in Appendix C: “Premature public disclosure of our thinking in this area at this stage might close off better options for the Department in the future. Both Ministers and Home Office officials need room to develop this policy, without the fear that our proposals will be held up to ridicule while they are being formulated. Disclosure at this stage would also not be in the public interest as it would harm the policy-making process for Home Office officials in future when developing policies in this area as they could come under pressure not to challenge ideas in the formulation of policy, and this could lead in the longer term to poorer decision making.”

I expect the content of the withheld notices would be of similar professionalism to the released notices, which is for the most part quite high. I do not see any reason to expect that any aspect of the existing policy would cause your future policy development to be held up to ridicule. Both the existing policy (which I have requested and the potential future policy will doubtless be practical, reasonable and legally acceptable.

It is remotely possible that the withheld policy notices are poorly written or manifestly contrary to the requirements of European law. While such a hypothetical situation might be embarrassing to UKBA, the mere prospect of embarrassment is not grounds to prevent the release of the existing (or historic) policy.

FOI legislation is not in place to facilitate the release only of beautiful and perfect policy, but also to bring light to the areas which might be poorly developed or even unlawful.

While I would not be surprised if some portions could be legally excludable, it is highly unlikely that every part is too sensitive to release.

For the specific notices requested:

03/2012: Police record checks by European Casework. UKBA does PNC police checks for family members and EU citizens. How else would you bar individuals who are persistent and ongoing threats to public policy or public security? I expect much of this notice is rather mundane and should align decently with European law. If any part is legally excludable, please redact that portion, indicating reasons for the redaction.

19/2011 and 05/2012: Refusals on grounds of public policy or public security. Again, most of this should be pretty sensible and straight forward. Presumably there are escalation protocols and senior management sign-off required before a refusal happens. There will also be discussions of proportionality and examples. I am sure a lot of this notice is rather mundane and would align decently with the requirements of European law. If any part is legally excludable, please redact that portion, indicating reasons for the redaction.

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/no...

Yours faithfully,

Robert Simpson

FOI Requests, UK Border Agency

Robert Simpson

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 08/01/2013 which is twenty working days from the date we received your request.

The internal review will be carried out by K Mulvaney (ref 24027). If you have any questions then please do not hesitate to contact us.

Thank you

FOI Requests
Home Office

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FOI Requests, UK Border Agency

4 Attachments

Dear Mr Simpson,

 

Please find attached our response to your request fro an internal review.
I would like to apologise for the delay in responding.

 

Yours sincerely

 

Information Access Team

 

 

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

M Soha left an annotation ()

Excellent
Thanks for your intelligent query.
I would like to discuss couple of personal matters with you, is there any possibility if you email/PM me somehow.

Many thanks
Mr Soha

Robert Simpson left an annotation ()

A more recent European Casework Instructions for Zambrano claims can be found at http://www.whatdotheyknow.com/request/in...

joshaw left an annotation ()

I'm interested to know whether you have followed upon more recent notices issued?

Robert Simpson left an annotation ()

Thanks for reminding me. I have just asked for new notices. Follow https://www.whatdotheyknow.com/request/n...

Robert Simpson left an annotation ()

A whole bunch of new European policy docs have been released: https://www.whatdotheyknow.com/request/n...

Mr. Carmichael left an annotation ()

Well done Robert.

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