Information Commissioner's Office

Home Office

9 June 2015, Central government

The complainant has requested information relating to illegal migrants who have been granted Discretionary Leave and in particular those who benefited from paragraph 353B of the Immigration Rules (Exceptional Circumstances). The Home Office refused this request on cost grounds under section 12(1) of the FOIA. The Commissioner’s decision is that the Home Office applied section 12(1) of the FOIA correctly and so it was not obliged to comply with the complainant’s information request. However, the Commissioner also finds that the Home Office failed to provide adequate advice and assistance to the complainant under section 16(1) of the FOIA. The Commissioner requires the Home Office to take reasonable steps to advise and assist the complainant with a view to refining the request to bring it within the cost limit. The Home Office must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the FOIA and may be dealt with as a contempt of court.

FOI 12: Not upheld