Person Subject to Immigration Control

Wayne Pearsall made this Freedom of Information request to Home Office

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 Home Office,

The term ‘person subject to immigration control’ (PSIC) is defined in s.13(2) of the Asylum and Immigration Act 1996 as a person who requires leave to enter or remain in the United Kingdom (whether or not such leave has been given).

Apparantly: Only the following categories of person do not require leave to enter or remain in the UK:
(i) British citizens;
(ii) certain Commonwealth citizens with a right of abode in the UK;
(iii) citizens of an EEA country, (“EEA nationals”) and their family members, who have a right to reside in the UK that derives from EC law. The question of whether an EEA national (or family member) has a particular right to reside in the UK (or in another Member State e.g. the Republic of Ireland) will depend on the circumstances, particularly the economic status of the EEA national (e.g.
whether he or she is a worker, self-employed, a student, or economically inactive etc.).
(iv) persons who are exempt from immigration control under the Immigration Acts, including diplomats and their family members based in the United Kingdom, and some military personnel.

I recently received a letter from your litigation department. This letter outlined the following:

"In relation to your query regarding UKVI's obligation under the Data Protection Act, UKVI has an obligation to maintain effective immigration control and thus will retain the details of persons who remain subject to immigration control. Once those persons cease to be subject to immigration control, they may apply under the Data Protection Act to have their details destroyed." (A copy can be viewed here: https://docs.google.com/document/d/1jOOr... (Note: I have highlighted specific points with a black box).

I would like to confirm that the above information about who is considered a PSIC is correct - Particularly point (iii) [ EEA and their Family Members ].

Therefore:

1) Please confirm whether you hold any documentation which outlines who is to be considered a PSIC. If you hold such documentation, please provide it.

2) Please provide any information you store, that outlines the process a person must follow to have their data destroyed, in accordance with the Data Protection Act.

3) Please provide your own policy which your data controllers / employees must follow in accordance with this provision.

Please note:

I am only interested in current policy documents / guidance / messages.

Yours faithfully,

Wayne Pearsall

FOI Requests, Home Office

Thank you for contacting the Home Office FOI Requests mailbox.

The Freedom of Information (FoI) Act 2000 provides public access to
recorded information held by the department.
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.

Please note we are unable to respond to non-FOI immigration enquiries. If
you have a general immigration enquiry, or require an update on a specific
case, contact information can be found here:
https://www.gov.uk/government/organisati... and
https://www.gov.uk/visas-immigration

 

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

FOI Requests, Home Office

Wayne Pearsall

 

Thank you for contacting the Home Office with your request. This has been
assigned to a caseworker (ref 31979). We will aim to send you a full
response by 07/07/2014 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

 

FOI Requests

Home Office

 

       

 

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Dear Home Office,

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 'Person Subject to Immigration Control' (Your Reference: 31979).

Response to this request is delayed. By law, Home Office should normally have responded promptly and by 4 July 2014.

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

Yours faithfully,

Wayne Pearsall

FOI Requests, Home Office

Thank you for contacting the Home Office FOI Requests mailbox.

The Freedom of Information (FoI) Act 2000 provides public access to
recorded information held by the department.
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.

Please note we are unable to respond to non-FOI immigration enquiries. If
you have a general immigration enquiry, or require an update on a specific
case, contact information can be found here:
https://www.gov.uk/government/organisati... and
https://www.gov.uk/visas-immigration

 

show quoted sections

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

FOI Requests, Home Office

1 Attachment

Dear Mr Pearsall,

 

Please find attached response to your FOI request.  Please accept my
apologies for the delay.

 

Regards,

 

 

Andy Woodgate

Information Access Team (IAT)

Corporate Services Group

 

Home Office

3rd Floor Peel Building, 2 Marsham Street, London, SW1P 4DF

 

T: +44 (0)20 7035 5273

 

www.gov.uk/home-office

 

 

 

 

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Amit Hidri left an annotation ()

Before going to court you must make an application for destruction directly to the organisation. They should hold a policy.

I have been following your requests closely. It is good to see you 'back'. Perhaps this request will provide further information https://www.whatdotheyknow.com/request/r...

Just don't go upsetting them again.

Dear Home Office,

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 'Person Subject to Immigration Control' 31979.

I note that before attempting to go to court (ETC) to resolve any form of complaint, it is seen by the courts, ICO, PHSO (etc) as a requirement to raise the matter with the organisation concerned. (Pre Action Protocol / Exhausting the Internal Complaints Proceedure ETC).

For this reason, I am confident that the Home Office would infact store some form of guidance for handling such complaints, or pre-action protocol letters.

Furthermore, I draw attention to Part VII of the Immigration and Asylum Act 1999 (Fingerprinting -http://www.legislation.gov.uk/ukpga/1999...).

I particularly draw attention to:
--
143 Destruction of fingerprints..

(1)If they have not already been destroyed, fingerprints must be destroyed before the end of the specified period beginning with the day on which they were taken. .
(2)If a person from whom fingerprints were taken proves that he is— .
(a)a British citizen, or .
(b)a Commonwealth citizen who has a right of abode in the United Kingdom as a result of section 2(1)(b) of the 1971 Act, .
the fingerprints must be destroyed as soon as reasonably practicable.
F1(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9)Fingerprints taken from F [F2(within the meaning of section 141(7))] must be destroyed when fingerprints taken from the person whose dependant he is have to be destroyed. .
(10)The obligation to destroy fingerprints under this section applies also to copies of fingerprints. .
(11)The Secretary of State must take all reasonably practicable steps to secure— .
(a)that data which are held in electronic form and which relate to fingerprints which have to be destroyed as a result of this section are destroyed or erased; or .
(b)that access to such data is blocked. .
(12)The person to whom the data relate is entitled, on request, to a certificate issued by the Secretary of State to the effect that he has taken the steps required by subsection (11). .
(13)A certificate under subsection (12) must be issued within three months of the date of the request for it. .
F3(14). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(15)“Specified period” means— .
(a)such period as the Secretary of State may specify by order; .
(b)if no period is so specified, ten years.
--

For this reason, I am confident that the Home Office would hold a policy document which outlines the manner in which employees are to handle the requests for destruction of Biometric Information.

I am therefore expecting an Internal Review of the response provided to Questions 2 and 3.

I will overlook the obvious typographical error in stating the definition is held in S.155(9) in response to Question 1.

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

Yours faithfully,

Wayne Pearsall

FOI Requests, Home Office

Thank you for contacting the Home Office FOI Requests mailbox.

The Freedom of Information (FoI) Act 2000 provides public access to
recorded information held by the department.
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.

Please note we are unable to respond to non-FOI immigration enquiries. If
you have a general immigration enquiry, or require an update on a specific
case, contact information can be found here:
https://www.gov.uk/government/organisati... and
https://www.gov.uk/visas-immigration

 

show quoted sections

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

FOI Requests, Home Office

1 Attachment

 

Dear Mr Pearsall,

 

Please find attached the Home Office response to your request for an
Internal Review request.  Please accept my apologies for the delay in
issuing the response.

 

Kind Regards

 

M Seedanisngh

 

Information Access Team

 

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

Clive Waterman left an annotation ()

Who would of guessed. They never cease to amaze. Any response to the Subject Access Request yet?

Wayne Pearsall left an annotation ()

Not yet. Just more promises... Lost all faith in law now - even those who are supposed to enforce it, break it...
https://twitter.com/wayne_pearsall/statu...