Home Office

The complainant requested information about a UK visa that he believed had been granted to Anwar Al-Awlaki and also about what he described as Mr Al-Awlaki’s subsequent “ban” from the UK.  The Home Office would neither confirm nor deny (‘NCND’) whether it held the requested information, citing the exemption at section 41(2) (information provided in confidence) of the FOIA. The Commissioner’s decision is that the Home Office was not entitled to rely on section 41(2) to issue a NCND response to the request. The Commissioner requires the Home Office to confirm or deny whether information falling within the scope of the request is held, and either disclose any information identified or issue a refusal notice which is compliant with section 17 of the FOIA.