Determination and appeal of immigration applications

Summary

The requester asked for monthly immigration statistics regarding applications, approvals, refusals, and appeals from February 2016 to September 2018. The Cabinet Office refused the request because the specific data is not collated in their database, though they noted that annual reports are published publicly.

Key Facts

• The request was made to the Cabinet Office regarding the Isle of Man Immigration Service (IOMIS).
• The authority cited section 11(3)(a) of the Freedom of Information Act 2015 as the reason for refusal.
• The refusal was based on the fact that the IOMIS database does not collate the specific monthly statistics requested.
• The authority stated that immigration data is published in the Passport, Immigration and Nationality Annual Report.
• The outcome of the case was 'Not upheld' on 19 November 2018.

Data Disclosed

• 2018-09-05
• 2018-11-19
• 2018-09-27
• 2016-02-01
• 564235
• section 11(3)(a)

Exemptions Cited

• Section 11(3)(a) of the Freedom of Information Act 2015 (Information not held)

Original Request

The Isle of Man Immigration Service ('IOMIS') and its employed Entry Clearance Officers ('ECOs') form part of the Cabinet Office, a department of the Isle of Man Government to which the Freedom of Information Act 2015 (the 'Act') has applied since it came into force on 1 February 2016. It is a matter of general importance that the public may have access to sufficient information as to provide them with confidence that IOMIS and the ECOs are carrying out their functions under applicable legislation in a consistent manner and in accordance with Isle of Man public policy in relation thereto from time to time. This request is for the following statistical information: 1. the number of applications for leave to enter or to remain in the Isle of Man which have been received by IOMIS whether directly or through the agency of United Kingdom Visas and Immigration; 2. the number of such applications for leave to enter or to remain in the Isle of Man which have been approved by ECOs; 3. the number of such applications for leave to enter or to remain in the Isle of Man which have been refused by ECOs; 4. the number of such applications for leave to enter or to remain in the Isle of Man which have been refused by ECOs but the refusal decision has subsequently been withdrawn on administrative review by the Immigration Inspector and the application instead granted; and 5. the number of applications for leave to enter or to remain in the Isle of Man of which have been refused by ECOs but the decision has subsequently been overturned on appeal either by the Isle of Man Immigration Adjudicator or a higher court. The statistics should be broken up into monthly periods covering the period from 1 February 2016 (the coming into force of the Act) to the date of the response to this request.

Data Tables (1)

Full Response Text

Government Office Douglas Isle of Man IM1 3PN Telephone: (+44) 01624 686244 Website: www.gov.im/co

Our ref: 564235 27 September 2018

Dear ###

We write further to your request which was received on 5 September 2018 and which states:

"The Isle of Man Immigration Service ('IOMIS') and its employed Entry Clearance Officers ('ECOs') form part of the Cabinet Office, a department of the Isle of Man Government to which the Freedom of Information Act 2015 (the 'Act') has applied since it came into force on 1 February 2016. It is a matter of general importance that the public may have access to sufficient information as to provide them with confidence that IOMIS and the ECOs are carrying out their functions under applicable legislation in a consistent manner and in accordance with Isle of Man public policy in relation thereto from time to time. This request is for the following statistical information: 1. the number of applications for leave to enter or to remain in the Isle of Man which have been received by IOMIS whether directly or through the agency of United Kingdom Visas and Immigration; 2. the number of such applications for leave to enter or to remain in the Isle of Man which have been approved by ECOs; 3. the number of such applications for leave to enter or to remain in the Isle of Man which have been refused by ECOs; 4. the number of such applications for leave to enter or to remain in the Isle of Man which have been refused by ECOs but the refusal decision has subsequently been withdrawn on administrative review by the Immigration Inspector and the application instead granted; and 5. the number of applications for leave to enter or to remain in the Isle of Man of which have been refused by ECOs but the decision has subsequently been overturned on appeal either by the Isle of Man Immigration Adjudicator or a higher court. The statistics should be broken up into monthly periods covering the period from 1 February 2016 (the coming into force of the Act) to the date of the response to this request."

While our aim is to provide information whenever possible, in this instance a practical refusal reason under section 11(3)(a) of the Freedom of Information Act (“the Act”)

applies as the public authority does not hold or cannot, after taking reasonable steps to do so, find the information that you have requested.

The Isle of Man Immigration Database does not collate the data as set out in this request. The information it does collate is published publically in the Passport, Immigration and Nationality Annual Report which is available from the Immigration website www.gov.im/categories/travel-traffic-and-motoring/immigration. The Isle of Man Immigration Service is working with Government Technology Services to develop the reporting capabilities of the Database.

Please quote the reference number 564235 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi. I will now close your request as of this date.

Yours sincerely

Freedom of Information Co-ordinator