Response to ECJ Case: C-456/12 . Surinder Singh

John Kelly 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 refused by Home Office.

Dear Home Office,

To whom it may concern

Please provide the Home Office's response to the ECJ court case: C-456/12 in which the ECJ effectively broadened the scope of Surinder Singh (under EEA immigration rules) to include British citizens who have been studying/self-sufficient in another EEA country.

Please furnish me with all internal documents, training manuals, caseworker guidances and minutes of meetings which have discussed this matter. I look forward to hearing from you within the FOIA timescales.

Yours faithfully,

John Kelly

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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FOI Requests, Home Office

John Kelly

 

Thank you for contacting the Home Office with your request. This has been
assigned to caseworker (ref 31413). We will aim to send you a full
response by 15/05/2014 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 FOI Requests,

The response to my request has been delayed. It should have been received by May 14th.

Full details are here: https://www.whatdotheyknow.com/request/r....

Yours sincerely,

John Kelly

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
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FOI Responses, Home Office

1 Attachment

Dear Mr Kelly

 

Thank you for your email of 13 April 2014, in which you request any
internal documentation regarding the recent ruling by the Court of Justice
of the European Union in case C‑456/12 dated 12 March 2014. your request
has been handled as a request for information under the Freedom of
Information Act 2000. Please find attached our response

 

Yours Sincerely

 

Information Access Team

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Sukwant Singh left an annotation ()

Section 22:
22 Information intended for future publication..

(1)Information is exempt information if— .
(a)the information is held by the public authority with a view to its publication, by the authority or any other person, at some future date (whether determined or not), .
(b)the information was already held with a view to such publication at the time when the request for information was made, and .
(c)it is reasonable in all the circumstances that the information should be withheld from disclosure until the date referred to in paragraph (a). .
(2)The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a) would involve the disclosure of any information (whether or not already recorded) which falls within subsection (1). ..

It is not reasonable to withhold this information. This is now law of the UK. The European Communities Act means that C-456/12 is now law of the UK.

Dear FOI Responses,

Thanks for your reply.

However, I am not satisfied with the response give.

According to the reply: "Section 22:
22 Information intended for future publication..
(1)Information is exempt information if— .
(a)the information is held by the public authority with a view to its publication, by the authority or any other person, at some future date (whether determined or not), .
(b)the information was already held with a view to such publication at the time when the request for information was made, and .
(c)it is reasonable in all the circumstances that the information should be withheld from disclosure until the date referred to in paragraph (a). .
(2)The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a) would involve the disclosure of any information (whether or not already recorded) which falls within subsection (1)..."

However, it is proposed that it is not reasonable to withhold this information as it is now law of the UK. The European Communities Act means that C-456/12 is now law of the UK.

At the very least, please let us, the public, know when we can expect the publication of the documents referred to in your reply? I would appreciate an exact date and perhaps the documents/emails etc that prove this.

Full details are available here: https://www.whatdotheyknow.com/request/r....

Yours sincerely,

John Kelly

FOI Responses, Home Office

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FOI Requests, Home Office

John Kelly

 

Thank you for contacting the Home Office.

 

This will be handled as an internal review of your Freedom of Information
request.

 

The internal review has been assigned to a caseworker who will investigate
and respond to you (ref 31413).

 

We will aim to send you a full response by 13/06/2014 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 FOI Requests,

I am still awaiting a response to my request. Full details are available here: https://www.whatdotheyknow.com/request/r...

Yours sincerely,

John Kelly

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.

Meliana Pearsall left an annotation ()

Not sure if this helps you John. https://www.whatdotheyknow.com/request/c...

FOI Responses, Home Office

1 Attachment

Mr Kelly

Please find attached a response to your request for an internal review.  I
am sorry that there has been a delay in issuing this response.

 

 

Diana Pottinger

Information Access Team

Home Office

 

Please note that any futher correspondence should be sent to 
[1][email address] .uk not FOI responses.

 

 

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