Information Commissioner's Office

Home Office

15 December 2016, Central government

The complainant submitted two requests for information about refugees and unauthorised entry into the UK from France. In relation to his first request, the Home Office stated that it was unable to establish whether it held this information within the cost limit and therefore refused the request under section 12(2) (costs) of the FOIA. The Commissioner’s decision is that the Home Office was entitled to rely on section 12(2) in relation to that request. In relation to his second request for information, the Home Office refused to provide the requested information citing section 31(1)(e) of the FOIA (the operation of the immigration controls). The Commissioner has determined that section 31(1)(e) was cited correctly and so the Home Office was not obliged to disclose this information. The Commissioner has found, however, that the Home Office breached sections 10(1) and 17(1) of the FOIA by delaying its response to both requests.

FOI 10: Upheld FOI 12: Not upheld FOI 17: Upheld FOI 31: Not upheld