Office of the Immigration Services Commissioner

In a seven-part request, the complainant requested information about competence assessments. The Office of the Immigration Services Commissioner (OISC) advised it doesn’t hold some of the information and applied section 35 of FOIA to the remainder. OISC also applied section 43(2) to one part of the request. Its final position, however, is that it doesn’t hold information within scope of any part of the complainant’s request. The Commissioner’s decision is that, on the balance of probabilities, OISC doesn’t hold the requested information. By relying on section 35 initially, OISC indicated that it held some relevant information within scope of parts 1, 2 and 3; as such it didn’t comply with section 1(1)(a) and 10(1) of FOIA as it didn’t confirm it didn’t hold any of the requested information within the statutory time period. It’s not necessary for OISC to take any corrective steps. Information Tribunal FT/EA/2024/0259 under appeal.