Tier 4 sponsor licence

James Field made this Freedom of Information request to Health Education Yorkshire and the Humber

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 Health Education Yorkshire and the Humber,

Please can you could you state whether, since being granted a Tier
4 sponsor licence, you have been visited by UK Visas & Immigration
(and before that, the UK Border Agency) for the purpose of
assessing your institution's compliance with the sponsor licence.

If the answer is yes, please could you state whether the assessment
included direct investigation of the practical application of
admissions policy (i.e., looking at an actual sample of individual
applications already approved for a Tier 4 visa by your
institution) or whether only a general appraisal of policy
relating to the sponsor licence was carried out, without direct
investigation of its practical application.

Yours faithfully,

James Field

Health Education Yorkshire and the Humber

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Sent request to Health Education Yorkshire and the Humber again, using a new contact address.

FOIA (HEALTH EDUCATION ENGLAND),

Dear Mr Field,

 

We acknowledge receipt of your request for information to Tier 4 sponsor
licence which was received by Health Education Yorkshire & Humber on 3
October 2014.

 

Under the Freedom of Information Act 2000 (General Rights of Access) that
came into force on 1 January 2005, we have a duty to:

 

o Acknowledge receipt of your request within 2 working days;
o Respond to your request within 20 working days. 

 

We will respond to your request as soon as possible but no later than 31
October 2014.

 

Many thanks

 

Isabel

 

Isabel Queenan

Briefing Manager

 

Corporate Communications Team

People and Communications Directorate

 

Health Education England

Blenheim House | Duncombe Street | Leeds | LS1 4PL

 

T. 0113 2952228

M. 07785 632873

E. [1][email address]

W. [2]www.hee.nhs.uk

 

 

 

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FOIA (HEALTH EDUCATION ENGLAND),

1 Attachment

Dear Mr Field

 

I refer to your email of 2 October requesting information in respect of
Tier 4 Visa sponsor licence at Health Education Yorkshire and Humber.

 

I can confirm in accordance with S.1 (1) of the Freedom of Information Act
2000 (FOIA) that we do hold information that you have requested.

 

Your request

 

Please can you could you state whether, since being granted a Tier 4
sponsor licence, you have been visited by UK Visas & Immigration (and
before that, the UK Border Agency) for the purpose of assessing your
institution's compliance with the sponsor licence.

If the answer is yes, please could you state whether the assessment
included direct investigation of the practical application of admissions
policy (i.e., looking at an actual sample of individual applications
already approved for a Tier 4 visa by your institution) or whether only a
general appraisal of policy relating to the sponsor licence was carried
out, without direct investigation of its practical application.

Our response

Health Education Yorkshire and Humber (HEY&H) had an audit visit from UKBA
in April 2012 to the Postgraduate Dental Office in Sheffield.  Attached is
the letter confirming the visit.  This is the only information that is
held by HEY&H.  The inspector completed a tick-box questionnaire/survey
during the visit but HEY&H do not hold a copy.

It is the recollection of staff that the UKBA inspector questioned the
relevant officers on the processes for managing applications for
sponsorship and reviewed relevant files.   No concerns were raised and
HEY&H were not given any conditions or asked to revise any processes. 

Please note that we have removed personal information relating to the
individual involved in this case under Section 40 (2) of the FOIA. 
Section 40 (2) applies to third party personal data and is exempt from
disclosure under the FOIA if disclosure would breach any of the data
protection principles contained within Part 1 of Schedule One under
Section 4 (1) and (2) of the Data Protection Act 1998 (DPA). 

 

One of the main differences between the FOIA and the DPA is that any
information released under the FOIA is released into the public domain,
not just the individual requesting the information and disclosure under
the Act must be made with that in mind. As such, any release that
identifies an individual through releasing their personal data, even third
party personal data, is exempt.

 

All persons whose personal data is processed by HEE, regardless of whether
they be staff or members of the public, have an intrinsic right to privacy
and these rights are protected by virtue of the DPA. Release of the
information subject to the exemption is likely to compromise those rights.

 

The Section 40 exemption is an absolute exemption (except in some limited
circumstances).  This therefore means that it is not necessary to carry
out a public interest test.

 

It is my view that Section 40 (2) is engaged because the person concerned
can be identified by the disclosure of the information in its entirety.
Such a disclosure would be a breach of Principle One of the DPA.
Individuals whose data is processed by HEE  can expect us to secure their
personal information and only process it in line with the principles
contained within the DPA.

 

I hope that this information is of use. If you are dissatisfied with the
way in which we have dealt with your request you can ask us to review our
decision by writing to:-

 

Mr Lee Whitehead

Director of People and Communications

Health Education England

2 - 4 Victoria House,

Capital Park,

Fulbourn,

Cambridge

CB21 5XB

 

If at the conclusion of any review you remain dissatisfied you may
complain to the Information Commissioner who can be contacted at:-

 

The Office of the Information Commissioner

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Yours sincerely

 

Stuart Moore

Briefing Manager

 

Corporate Communications Team

People and Communications Directorate

 

Health Education England

Floor 16 | Portland House | Bressenden Place | London | SW1E 5RS

 

T. 020 8433 6776

E. [1][email address]

W. [2]www.hee.nhs.uk

 

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