Information Commissioner's Office

Summary: The complainant requested information relating to a flight chartered for the purpose of deporting failed asylum seekers. The public authority refused the request, citing the exemptions provided by sections 31(1)(e) (prejudice to the operation of the immigration controls) and 43(2) (prejudice to commercial interests) of the Act. The Commissioner finds that the public authority correctly withheld the information in connection with which it cited section 43(2). However, the Commissioner also finds that the public authority applied the exemption provided by section 31(1)(e) incorrectly and breached sections 1(1)(b) and 10(1) by failing to disclose the information in relation to which this exemption was cited. The public authority is now required to disclose this information. The public authority also failed to comply with the requirement of section 17(1) in not responding to the request within twenty working days of receipt.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 31 - Complaint Upheld, FOI 43 - Complaint Not upheld