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You are here: BAILII >> Databases >> Information Commissioner's Office >> UK Border Agency (Decision Notice) [2011] UKICO FS50352209 (03 October 2011)
URL: http://www.bailii.org/uk/cases/UKICO/2011/FS50352209.html
Cite as: [2011] UKICO FS50352209
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UK Border Agency (Decision Notice) [2011] UKICO FS50352209 (03 October 2011)
Summary: The complainant requested information regarding instructions given to the UK Border Agency (UKBA) by the Police to stop and question people when entering the UK. UKBA initially refused to disclose the requested information in reliance of section 31(1)(e) of the Act, on the basis that its disclosure would be likely to prejudice the operation of immigration controls. During the course of the Commissioner-™s investigation the UKBA determined that it should primarily rely on section 31(1)(a) in order to withhold the requested information. It considered that its disclosure would be likely to prejudice the prevention and detection of crime. The Commissioner has decided that section 31(1)(a) is correctly applied to the information sought by the complainant and that the balance of public interest lies in favour of the maintaining this exemption. In not confirming whether the requested information was held in its refusal notice, UKBA breached section 1(1)(a) of the Act. Information Tribunal appeal EA/2011/0256 withdrawn.
Section of Act/EIR & Finding: FOI 1 - Complaint Upheld, FOI 31 - Complaint Not upheld