ICO Annuls Immigration Board PATI Decision

May 22, 2018

Information Commissioner Gitanjali Gutierrez has annulled a decision by the Board of Immigration in reference to a PATI request, with the decision requiring them to issue a new initial decision to the Applicant’s PATI request.

“Information Commissioner Gitanjali Gutierrez issued Decision 04/2018, which annulled a decision by the Board of Immigration to deny access to its meeting minutes sought under the Public Access to Information [PATI] Act 2010 because the records did not exist,” the ICO office said.

“The Board of Immigration’s response to the PATI request explained that it does not keep meeting minutes but records its decisions directly on immigration applications.

“The Information Commissioner found that the Board of Immigration did not fulfill its duty to assist the Applicant and its duty to respond completely and accurately.

“Decision 04/2018 describes the Board of Immigration’s process for recording and communicating its decisions. Even though the Board of Immigration did not have a document called ‘meeting minutes’, it has some records that are responsive to the PATI request, including ‘Board Sheets’ that memorialise its recommendations.

“The Information Commissioner found that the Board could not justify its denial of the PATI request because it had not taken reasonable steps to locate the records. Decision 04/2018 also addresses procedural issues.

“Decision 04/2018 requires the Board of Immigration to issue a new initial decision in response to the Applicant’s PATI request.”

The Decision notice follows below [PDF here]:

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Comments (2)

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  1. wondering says:

    yet again, another govt board/dept that works on a loosley regulated system and has been allowed by ministers past and present. what business or board has meetings that are not recorded.

    cue the old timer – back in my day i was the recording “seck-i-tree”. has modernization not incorporated the consolidated recording of these meetings that decided some of the most contentious decisions, mainly the granting of woek permits OR NOT………and to think that both govts talked about transparency


  2. wondering says:

    MP Foggo needs to place some attention on this area of Govt…..severely lacking in best industry practice and from my sources, those meetings are very old fashioned with boxes of files being literally placed on a round table and gone through……would it hur to get a more modern system of consolidating the applications in electronic format like they do with so many other countries who have a meshed management system right down to their border control system?????