Home Office

The complainant requested information relating to assessing the impact of the Nationality and Borders Act on the asylum decision-making process. The Home Office refused to provide the requested information, citing sections 22(1) (information intended for future publication) and 35(1)(a) (formulation of government policy) of FOIA. The Commissioner’s decision is that the Home Office correctly engaged section 35 and the public interest favours maintaining the exemption. However, he finds that section 22 is not engaged. He also finds that the Home Office breached section 10 (time for compliance) of FOIA. The Commissioner requires the Home Office to take the following step to ensure compliance with the legislation: disclose the information withheld by virtue of section 22(1) to the complainant. Information Tribunal FTT EA/2023/0332 appeal dismissed.