Secretary of State for the Home Department (Home Office)

The complainant requested information concerning the treatment of dual British–Russian nationals in passport applications. The Home Office refused to disclose the requested information, citing sections 24(1) (national security), 31(1)(a) and (e) (law enforcement) and 21 (information accessible to applicant by other means) of FOIA. It would also neither confirm nor deny (NCND) holding further information in scope of the request, citing section 23(5) (security bodies). The complainant disputed the application of sections 23, 24 and 31. The Commissioner’s decision is that the Home Office was entitled to rely on the exemption at section 31 to refuse to disclose the requested information and was also entitled to rely on section 23(5) to NCND whether it holds further information.  The Commissioner requires no steps to be taken as a result of this decision.