Refused application. prior to july 12 - old rules or new?

Waiting for an internal review by UK Border Agency of their handling of this request.

Dear UK Border Agency,

http://www.ukba.homeoffice.gov.uk/visas-...
further to the information posted on your website (above link)

can you confirm the following:
[personal information removed] [personal information removed] [personal information removed] [personal information removed]

however, [personal information removed]. would this [personal information removed] [personal information removed] [personal information removed]...

Also,

what fee remissions are possible for an application. my solicitor informed me that there are possible fee waivers/reduction in exceptional cases - esp. in cases involving article 8 of the human rights.

how would one proceed with an application FLR(M) if such a fee was not paid. Please can you send a copy of all guidance given to UKBA officials which deals with fee remissions ETC.

In addition to this, Please forward a copy of all information you hold on the Judicial review process for a failed application for an EEA family permit.

Yours faithfully,
Wayne Pearsall

IND Public Enquiries,

Thank you for contacting the UK Border Agency.

You can no longer use this email address for general immigration
enquiries. 

However, if you have sent us information about an immigration offence, or
a complaint, we will forward it to the appropriate team.  You do not need
to send it again.

Please ensure to read the following information as you will not receive
another response.

Please visit our comprehensive website at
[1]http://www.ukba.homeoffice.gov.uk  for further information.

The information in this message contains links to the relevant parts of
our website, where more detailed information can be found.  If we have not
included information or a link to the website for the subject you are
enquiring about, please enter key words into the “search” facility on the
website.

If your enquiry is about one of the following, please re-send it to the
address shown:

British Citizenship and Nationality / Right of Abode:

[2][email address]

European Nationals and Family Members:

[3][email address]

A2 Accession Enquiries – Bulgarian and Romanian Nationals:

[4][email address]

Points Based System Sponsorship  (Employers and Educational Establishments
with enquiries about Sponsorship, Tier 2, Tier 4 and Tier 5 of the Points
Based System): 

[5][email address]

IRIS Recognition:

[6][email address]

If you are outside the UK:  Please go to the information pages for your
country on the UK Border Agency website: 
[7]http://www.ukba.homeoffice.gov.uk/visas-...

If you are outside the UK and you wish to make an application for Entry
Clearance, please contact the British Diplomatic Post (the High
Commission, Embassy or Consulate) where you will be submitting your
application for information.

Contact details for British Diplomatic Posts can be found on the Foreign &
Commonwealth Office website at:

[8]http://www.fco.gov.uk/en/travel-and-livi...

Please note that we are unable to confirm the authenticity of offers of
employment or appointments.  If you wish to report a fraud offence you
should contact Action Fraud either by telephone on 0300 123 2040 (Monday
to Friday 8am to 8pm, Saturdays 9am to 4pm or Sundays 10am to 4pm) or
email at [9][email address].   Alternatively if you wish to complete
a fraud report you can do this online via the online reporting tool at
[10]https://reportfraud.actionfraud.org.uk/f....

Information about the following subjects is provided below.

  1.  Outstanding Applications / Return of Documents 

  2.  Change of Address / Change of Circumstances  

  3.  Biometric Residence Permits for Foreign Nationals

  4.  Points Based System – Tier 1, Tier 2, Tier 4, Tier 5 and Sponsorship

  5.  Students – Changes During Your Stay

  6.  Family of British and Settled Persons

  7.  UK Ancestry

  8.  Child born in the UK

  9.  Settlement - Knowledge of Language & Life in the UK

10 . Indefinite Leave to Enter 

11.  New Passport – Transfer of Conditions or No Time Limit

12.  Reporting an immigration offence  

 

1.  Outstanding Applications

 

For data protection reasons, we are unable to respond to enquiries about
individual cases by e-mail.  UK Border Agency will contact you if further
information is required to complete your application.  If you sent your
application by Recorded or Special Delivery, its receipt can be confirmed
on the Royal Mail website at:

[11]http://www.royalmail.com/portal/rm

If you make an application before your authorised stay ends, your existing
immigration status will continue until your application is decided, even
if the decision is not made until after the end of your permitted stay. 
If your existing visa or other permission to stay here allows you to work,
you can continue to do so until your case is decided. 

Return of Documents

 

If you require the urgent return of your documents, please see the UK
Border Agency website at:

[12]http://www.ukba.homeoffice.gov.uk/aboutu...

for the appropriate contact details.  However please note that return of
the applicant's passport submitted in support of a leave to remain
application, for travel outside the UK, will lead to the application being
withdrawn. 

An online process for the return of documents from PBS Tier 2 & 5
applications is now available on the UKBA website at: 

[13]http://www.ukba.homeoffice.gov.uk/siteco...

Please be advised that you will need to complete the online form with all
required information.

2.  Change of Address / Change of Circumstances

 

We are unable to deal with change of address/circumstances notifications
by e-mail. 

If you have made a Points Based System application, details of how to
inform us about your change of address or other change of circumstances
can be found on the UK Border Agency website at:

[14]http://www.ukba.homeoffice.gov.uk/siteco...

You can tell us about a change to your UK contact details or your legal
representative’s details using our online forms. Online updating is a
fast, simple and secure way of providing this important information.

Please see the following link for details on how to change your contact
details:

[15]http://www.ukba.homeoffice.gov.uk/aboutu...

3. Biometric Residence Permits for Foreign Nationals

As of 29 February 2012 Nationals of countries outside the European
Economic Area and Switzerland must apply for a biometric residence permit
(unless they already have one) if they are currently in the UK and they
want to:

·       extend their temporary permission to stay to a total of 6 months
or more;

·       apply for permission to settle in the UK (known as 'indefinite
leave to remain');

·       transfer their permission to stay from an old passport or similar
document using form TOC or NTL; or

·       apply for a Convention travel document (1951 refugee or 1954
stateless person) or a certificate of travel.

You do not need to obtain a biometric residence permit if you are a
national of a country in the European Economic Area (including the UK) or
Switzerland.

Detailed information about the Biometric Residence Permits can be found on
the UK Border Agency website at:

[16]http://www.ukba.homeoffice.gov.uk/visas-...

If your BRP has been lost or stolen, or if you need a replacement BRP for
other reasons, you will need to submit an BRP(RC) application form.  The
application form and guidance notes are available on the UK Border Agency
website at: 

[17]http://www.ukba.homeoffice.gov.uk/visas-...

4. Points Based System – Tier 1, Tier 2, Tier 4, Tier 5 and Sponsorship

PBS Tier 1

Detailed information about Tier 1 can be found on the UK Border Agency
website at:

[18]http://www.ukba.homeoffice.gov.uk/visas-...

PBS Tier 2

Detailed information about Tier 2 can be found on the UK Border Agency
website at:

[19]http://www.ukba.homeoffice.gov.uk/visas-...

PBS Tier 4 (General) and Tier 4 (Child) Students

Detailed information about Tier 4 can be found on the UK Border Agency
website at:

[20]http://www.ukba.homeoffice.gov.uk/visas-...

PBS Tier 5

Detailed information about Tier 5 can be found on the UK Border Agency
website at:

[21]http://www.ukba.homeoffice.gov.uk/visas-...

Sponsorship

Under the Points Based System (PBS), migrants from outside the UK will
need to be sponsored by an employer or education provider on the UK
Border Agency’s Sponsors Register in order to obtain a visa. 

For further information regarding the Points Based System and Sponsorship,
please visit the UK Border Agency website at:

[22]http://www.ukba.homeoffice.gov.uk/busine...

5. Students – Changes During Your Stay

Detailed information explaining what you should do if changes to you or
your sponsor occur while you are in the UK as a student under Tier 4 of
the points-based system can be found on the UK Border Agency website at:

[23]http://www.ukba.homeoffice.gov.uk/visas-...

6. Family of British and Settled Persons

A number of changes to the Immigration Rules come into effect on 9 July
2012. These changes will affect non-European Economic Area (non-EEA)
nationals applying to enter or remain in the UK under the family migration
route.

These changes will define the basis on which a person can enter or remain
in the UK on the basis of their family or private life, unifying
consideration under the rules and Article 8 of the European Convention on
Human Rights.

If you already have leave to enter or remain in the UK, on the basis of
being the spouse or partner of a settled person, you will need to meet the
rules which were in force before 9 July 2012 if you apply for settlement.

The changes include:

·       introducing a new minimum income threshold of £18,600 for
sponsoring the settlement in the UK of a spouse or partner, or fiancé(e)
or proposed civil partner of non-European Economic Area (EEA) nationality,
with a higher threshold for any children also sponsored; £22,400 for one
child and an additional £2,400 for each further child;

·       extending the minimum probationary period for settlement for
non-EEA spouses and partners from two years to five years, to test the
genuineness of the relationship;

·       abolishing immediate settlement for the migrant spouses and
partner where a couple have been living together overseas for at least 4
years, and requiring them to complete a 5 year probationary period;

·       from October 2013, requiring all applicants for settlement to pass
the Life in the UK Test and present an English language speaking and
listening qualification at B1 level or above of the Common European
Framework of Reference for Languages unless they are exempt; and

Detailed information about changes to the family migration rules that came
into effect on 9 July 2012 can be found on the UK Border Agency website
at:

[24]http://www.ukba.homeoffice.gov.uk/siteco...

Detailed information about how you can apply to  remain in the UK if you
are the partner, dependent child or adult dependent relative of a British
citizen, a person who is settled, has refugee leave or humanitarian
protection here can be found on the UK Border Agency website at:

[25]http://www.ukba.homeoffice.gov.uk/visas-...

You will be required to prove your English language ability, if you are
applying as the husband, wife or civil partner of a British citizen or
someone who is settled here.

This information is based on Part 8 of the Immigration Rules.

For details of the English language requirement, see the [26]English
language requirement page.

For further information, please visit the UK Border Agency website at:

[27]http://www.ukba.homeoffice.gov.uk/siteco...

7.  UK Ancestry

 

Detailed information about UK Ancestry can be found on the UK Border
Agency website at:

[28]http://www.ukba.homeoffice.gov.uk/visas-...

8. Child born in the UK

If your child was born in the UK and you currently have limited leave to
remain, you will need to obtain and complete one of the following
application forms, in order for them to be granted leave to remain as your
dependant.

PBS Dependant application form should be used if the person whom the child
is dependant on has been granted leave to remain under the Points Based
System.

FLR(O) application form should be used if the person whom the child is
dependant on has been granted leave to remain in any other category.

On form FLR(O) the child’s details should be entered in Section 1 -
Applicant's Details.  Your passport should also be enclosed with the
application.

If you will be leaving the UK and do not intend to return under the
conditions of your current leave to remain, you are not required to make
an application to the UK Border Agency for your baby.  They are deemed to
have leave to remain in the UK until you leave. 

If you will be making an application for further leave to remain or
indefinite leave to remain and do not intend to travel before you do so,
you can include the baby as your dependant at that time.  However please
note, if you travel outside the UK before your baby obtains leave to
remain, you will need to obtain Entry Clearance for the baby before you
return to the UK.

9.  Settlement - Knowledge of Language and Life in the UK

 

If you are applying for settlement in the United Kingdom you may be
required  to demonstrate Knowledge of Language and Life in the United
Kingdom, in addition to meeting the other requirements for
settlement.  For further information, please visit the UK Border Agency
website at:

[29]http://www.ukba.homeoffice.gov.uk/visas-...

10.  Indefinite Leave to Enter

 

In terms of your status in the UK, Indefinite Leave to Enter and
Indefinite Leave to Remain are exactly the same.  The Indefinite Leave to
Enter Entry Clearance means, in terms of your current immigration status
in the UK, that there is no time limit on your stay in the UK.  

The end date shown on an Indefinite Leave to Enter Entry Clearance (EC)
vignette is a guide to the holder for travel purposes only, or relates to
the validity dates of the passport/travel document in which the vignette
is endorsed.

The validity and activation of the Entry Clearance is determined by the
dates noted on the Entry Clearance vignette not by any ink stamp endorsed
in the passport or travel document by a UK Immigration Officer at the port
of entry. 

The Immigration Officer’s stamp merely indicates when the Entry Clearance
was used to enter the UK but the Entry Clearance is still valid without an
on-entry stamp. 

The Entry Clearance should be used to enter the UK within three months of
issue but can be used after this date at the discretion of the Immigration
Officer. 

Once the expiry date noted on your EC is passed it is not necessary for
the holder of Indefinite Leave to Enter status to apply within the UK for
Indefinite Leave to remain status as they are effectively the same thing
and your "No time limit "status remains extant. 

 

11.  New Passport - Transfer of Conditions or No Time Limit

 

Detailed information about transferring your visa or residence permit from
an old passport or travel document to a new one can be found on the UK
Border Agency website at:

[30]http://www.ukba.homeoffice.gov.uk/visas-...

12.  Reporting an immigration offence

 

We take public reports of crime seriously. If you suspect that someone is
working illegally, has no right to be in the UK or is involved in
smuggling, we want to hear from you.

You can report your suspicions in confidence using our [31]reporting
form.

Please complete as much of the form as you can. But do not worry if you
cannot answer all of the questions - and do not put yourself in danger by
trying to discover more information.

Any information that you provide will be handled in confidence. You can
give us your name and address if you wish, but you do not need to do so.

Other reporting methods

Alternatively, you can:

·       contact [32]Crimestoppers (online or by phone) anonymously

·       call the Customs Hotline about smuggling on 0800 595 000

·       contact the confidential anti-terrorist hotline on 0800 789 321 or
[33]online

·       dial 999 in an emergency

Detailed information how you can report suspected immigration crime (such
as illegal immigration or illegally employing foreign workers), smuggling
or terrorism can be found on the UK Border Agency website at:

[34]http://www.ukba.homeoffice.gov.uk/aboutu...

show quoted sections

Dear IND Public Enquiries,

Your response to my FOI request ( http://www.whatdotheyknow.com/request/re... ) does not make it clear as to whether you are processing my request or not.

I therefore wish to clarify my request to yourself...

What documentation has been provided to ukba staff relating to guidance as to whether a case is to be treated on the old rules (pre 07/12) or new rules (post 07/12).
Please supply a copy of this guidance / memos ETC.

Fee Remissions:
Are fee remissions possible?

I note that under directive 2004/38/EC that all visa applications for a family member of an EEA national must be *free*. British citizens are also EEA Nationals. Even more so if they have excersised their right to work in another EEA member state.

There must therefore be information relating to fee remission, and how one would approach a free visa for a family member of an EEA national/british citizen.

Please supply a copy of this guidance / all memos etc relating to the above.

and finally, this section could not be any clearer:
In addition to this, Please forward a copy of all information you
hold on the Judicial review process for a failed application for an
EEA family permit

UKBA must hold information in some form about the judicial review process. How to apply, and the steps which are required to take.

Please supply a copy of all memos/guidance/instructions ETC which relate to the Judicial review process.

Yours sincerely,

Wayne Pearsall

Dear UK Border Agency,

I write in reference to my FOI requests posted to yourself on the 30th and 31st jan 2013:
http://www.whatdotheyknow.com/request/re...

all of this is long overdue.

No response has been recieved, and I find it utterly disgusting that UKBA breaches UK LAW (FOI Act) ON A REGULAR BASIS!

I will be passing this case over to the ICO and would expect this information disclosing as per LAW.

I request an internal review but then you simply impose another 20 working deadline on it... - but the fact remains, you still have a legal obligation to give an initial response within 20 days... which has not been completed!

Yours faithfully,

Wayne Pearsall

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

 

 

show quoted sections

 

show quoted sections

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

Dear UK Border Agency,

further to my freedom of information request on 30th jan, and further clarifications on 31st jan 13, and 18march 13. i have had no response to this FOI request.

by law, you must respond within 20 days. by law if the FOI request is "out of scope" this must be stated...

if i request information which is not held, this must be stated.

no response has been issued, and the request is long over due.

https://www.whatdotheyknow.com/request/r...

i have requested an internal review already, and no response... therefore, explain the reason for the UKBA once again breaking yet another law.

Yours faithfully,

Wayne Pearsall

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

 

 

show quoted sections

 

show quoted sections

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

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 'Refused application. prior to july 12 - old rules or new?'.

Response is overdue.... Seriously overdue...

If a response is not made in full by friday 31/5/13 I will refer this foi request to the ico as having exhausted ukba's internal complaints proceedure. This request was filed in jan. And still the information has not been released.

Ive requested internal review, still no information release.

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

Yours faithfully,

Wayne Pearsall

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

 

 

show quoted sections

 

show quoted sections

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

Wayne Pearsall left an annotation ()

posted this https://www.whatdotheyknow.com/request/f... but also no response.

Ukba have ignored the request on two foi requests...

months of waiting, for nothing.

Information Access, UK Border Agency

Mr Pearsall,

 

Thank you for your email.  In relation to your request, you sent your
request to the “IND Public enquiries” mailbox. This mailbox is no longer
in use and has not been in use for some time.  Any emails sent to this
mailbox are not received or processed and the automated electronic reply
provides full explanation of that.  This automated reply included a
variety of information such as links to the (former) UK Border Agency
website and contact details for Immigration related enquiries but this was
not, and could never, be the actual response to an individual FOI request.
We see you also sent an email to the “Freedom of Information Team (IND)”
mailbox. This mailbox is the correct address for FOI requests for (former)
UK Border Agency requests.  You received an automated electronic reply
indicating it had been received.  However upon investigation, we could
trace no evidence of it being received as a visible entry in the mailbox

 

From your internal review request you appear to have taken this automated
reply as the department’s response to your request and have requested an
internal review be undertaken on this basis. As we can find no trace your
request was officially received and no specific departmental response was
issued, no review can be carried out.

 

As a result of our findings, we have taken your original question direct
from the whatdotheyknow.com website and registered it under reference
number 27758.   We are handling the request as a matter of urgency and aim
to issue a response no later than 03^rd July 2013.  Please accept our
sincere apologies for the difficulties you have experienced. 

 

 

FOI TEAM

Information Services Centre

2 Marsham Street

London

SW1P 4DF

 

E - [1][email address]

 

 

 

 

show quoted sections

Dear Information Access,

As you obviously have seen my requests, and recieved a futher "duplicated" request... ( https://www.whatdotheyknow.com/request/f... )

The Home Office have *clearly* failed on Section 10 of the act at the bear minimum.

As such, As you have been instructed by the ICO to issue my response within 10 days. I expect the response to come through.

I am also well aware that it does not take 37 hours for an "automated" response to be sent out. I am well aware that The Home Office staff "Vet" requests, and use the stated "Automated" response, which is sent by Human Beings acting in the course of their duties.

A detailed log of dates / times of of this request can be found:
https://www.whatdotheyknow.com/details/r...

As you indicate that you are unwilling to conduct an Internal Review on this request, and your failure to conduct an Internal Review upon the request
https://www.whatdotheyknow.com/request/f...

I note that The Home Office have claimed that I have posted over 50 FOI requests to them within "A short period of time" upon many of my Internal Review requests... (aiding into your "Evidence of Vexatious Requests)... However, taking this information into account, It appears clear that you have infact recieved these requests.

As you have obviously already read my FOI request dated the 31st Jan, you have obviously "been served" the request in writing, with my name, and a correspondance address (A URL is sufficient, as it gives you the medium to reply to).

I also find it amazing that you have managed to respond by email Directly to my request. Should you have failed to recieve my request, then this would clearly mean that You did not recieve the response email address for correspondance.

As obviously, the email's sent to the FOI team at the home office contains more information than is publicly displayed on the WDTK system (IE: email addresses ETC)

So, lets confirm facts: I have submitted a valid FOI requests which you have failed to respond to. I resubmitted the request, and you have failed to respond to that. You have failed to conduct Internal Reviews on BOTH requests.

Considering the facts... I'd say that I have more than exhasted the Home Office internal complaints proceedure.

Yours sincerely,

Wayne Pearsall

Wayne Pearsall left an annotation ()

Just reviewing my ICO letters, and found this letter which the ICO sent myself a copy of (the letter sent to UKBA contained a copy of the WDTK website) - guess they are going to argue that they didn't recieve the ICO communication, which the responded to also?
-------------------------------------------------
16 April 2013
 
Case Reference Number FS50490229
 
Dear Sir/Madam

Freedom of Information Act 2000
Complaint from Mr Wayne Pearsall    
 
I am writing to confirm that the Information Commissioner has received a complaint from Mr Pearsall stating that no response has been sent to an information request submitted to your organisation on 30 January 2013, which you have said was received. A copy of this request can be found in the following link;

 http://www.whatdotheyknow.com/request/re...
 
Any public authority in receipt of such a request is under a duty to respond within 20 working days of receipt. As it is the case that you have not responded but acknowledged receipt of the request, we would ask that you now respond within 10 working days of receipt of this letter.
 
You should state whether or not the information is held in a recorded form. If it is held, you should either provide the information or issue a refusal notice in accordance with the requirements of section 17 of the Freedom of Information Act or regulation 14 of the Environmental Information Regulations as appropriate. You can find more information on refusal notices contained in the guidance issued by the Commissioner which is available at:
 
http://www.ico.gov.uk/upload/documents/l...
 
http://www.ico.gov.uk/upload/documents/l...
 
Finally you should be aware that the Information Commissioner often receives requests for copies of the letters we send and receive when dealing with casework. Not only are we obliged to deal with these in accordance with the access provisions of the Data Protection Act 1998 (the DPA) and the Freedom of Information Act 2000 (the FoIA), it is in the public interest that we are open, transparent and accountable for the work that we do.
 
However, whilst we want to disclose as much information as we reasonably can, there will be occasions where full disclosure would be wrong. It is also important that the disclosures we make do not undermine the confidence and trust in the Commissioner of those who correspond with him.   
 
If you reply to this letter, I would be grateful if you would indicate whether any of the information you provide in connection with this matter is confidential, or for any other reason should not be disclosed to anyone who requests it. I should make clear that simply preferring that the information is withheld may not be enough to prevent disclosure. You should have a good reason why this information should not be disclosed to anyone else and explain this to us clearly and fully.
 
You will appreciate that in the event of other, similar complaints, the Commissioner may consider taking enforcement action under s.52 of the Act.
 
For further advice on how to deal with information requests, please visit our website at www.ico.org.uk  or you can contact me on 01625545595. Please quote the case reference number from the top of this letter.

Yours sincerely

Noel Mullarkey
Case Officer
First Contact
Information Commissioners Office
Tel - 01625545595

Wayne Pearsall left an annotation ()

----
Waiving the fee on human rights applications

As you stated, it is possible to be exempted from having to pay a
fee for a human rights based application. This can be done using
Appendix 1 to Form FLR(O), available here:
http://www.ind.homeoffice.gov.uk/sitecon...
----
^ From rob whitemans secetary...

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