The complainant requested information concerning changes in the implementation of immigration rules. The public authority refused to provide this information under section 12 (the appropriate limit) and it invited the complainant to narrow his request. His refined request was partly refused under section 36(2)(b)(i) and (ii) (prejudice to the conduct of public affairs), the majority again being refused under section 12. The Commissioner has investigated and found that to process the full request would have exceeded the appropriate limit. He further finds that section 36 is engaged in respect of the information which was considered within the appropriate limit but that the public interest in favour of maintaining the exemption does not outweigh the public interest in disclosure. The Commissioner requires the public authority to disclose the information which has been withheld under section 36(2)(b)(i) and (ii) unless it is exempt by virtue of section 40(1) or 40(2). In failing to release information the Commissioner finds that the public authority breached sections 1(1)(b) and 10(1). The complaint is therefore partially upheld. Information Tribunal appeal number EA/2009/0027 dismissed.
Section of Act/EIR and Finding: FOI 1 – Complaint Upheld, FOI 10 – Complaint Upheld, FOI 12 – Complaint Not upheld, FOI 36 – Complaint Upheld, FOI 40 – Complaint Not upheld
Citations:
[2009] UKICO FS50105778
Links:
Jurisdiction:
England and Wales
Information
Updated: 29 March 2022; Ref: scu.532000
