Home Office

The complainant has requested information about the tier 1 visa policy from the Home Office (“HO”). The HO told the complainant that it did not consider the request to be valid under the terms of the FOIA but provided a response ‘outside’ the provisions of the FOIA. The Commissioner’s decision is that the HO should have dealt with the request under the terms of the FOIA. In failing to do so it breached sections 1 and 10 of the FOIA. The Commissioner requires the HO to provide the complainant with a formal response under the terms of the FOIA. It should either disclose any recorded information held or issue a valid refusal notice.