Home Office

The complainant requested information from the UK Border Agency (UKBA) concerning its scheme (or pilot scheme) to expel European Economic Area nationals on the basis that they are not exercising Treaty rights. The public authority disclosed some information but withheld the remainder citing the exemption in section 35(1)(a) (formulation of government policy). The Commissioner’s decision is that the exemption is engaged and the public interest favours the maintenance of the exemption. The Commissioner did however identify a number of procedural breaches. Information Tribunal appeal number EA/2011/0191 dismissed.