It is not uncommon that solicitors/case workers do not give copies of all documents to their clients. You MUST insist that they do!

You may have changed your solicitor and asked for your documents and they refuse to release them unless monies are paid. In some circumstances this may be unlawful and you can take legal action to recover the documents. (This can be a very complicated process and take time).

You may have finished with your solicitor/caseworker, they have given you all copies of your documents and you have lost them.

The Home Office have copies of all documents concerning your case, some of these documents you may have never seen. You are entitled in law to see *documents that the Home Office has on your case and you can obtain these documents under the Freedom of Information Act from the 'Subject Access Bureau' (SAB).

NCADC would 'Signpost' all, who are in the immigration system, especially campaigns, write to SAB the cost is £10's. There might be information held by the Home Office not revealed to you or your solicitor/caseworker, which may be of benefit to your case.


Are you in detention?

What are the Home Office playing at? - Now's your chance to find out

Don't understand why you have been kept in detention for months/years on end?

Seems like the Home Office does not give you detailed reasons for continuing to detain you? Or they give lots of detailed reasons but many of them are incorrect?

It might be possible that there is a barrier to your removal that the Home Office have not and would not readily divulge. Bail hearing after bail hearing the Home Office representatives often paint a misleading picture and often do not update their continuing objections to bail, always relying on the original material presented to the court.

You are entitled to see the file the Home Office keeps on you - there may be information in the file as to why the Home Office cannot remove you immediately or in the foreseeable future, and having that information may assist you to make bail.

Your Rights
From 1 January 2005, the Freedom of Information Act set up a legal right of access to information held by public authorities such as the UKBA, which is part of the Home Office.

What does it mean for you?
It means that if you are subject to 'Immigration Controls' you can write to UKBA and ask for copies of all recorded information. Your request would be handled under the subject access provisions of the Data Protection Act 1998 (DPA). There is a charge of £10 for obtaining the data.

If you require copies of information held on you by UKBA please write to:

UK Border Agency (UKBA)
Subject Access Bureau (SAB)
10th Floor
Sunley House
Bedford Park
Croydon
CR0 2AP

Include your full name as on your UKBA documents

Port Reference and/or Home Office Reference numbers and address where you are living or detained.

Entitle the letter "Data Protection Act 1998 - Subject Access Request"

Then write

"I would be grateful if you could disclose the entire contents of my file. I enclose a cheque for £10".

Sign the letter and send the original but keep a copy, and send by recorded post.

Enclose a cheque for £10 made payable to 'Home Office Accounting Officer'.


How long will it take to get a reply?
You should receive a response to your enquiry within 20 working days. If it is to take longer than that the authority holding the information will write to you and tell you why.

*Will UKBA always tell you everything you ask?
No. While the Act is designed to enable individuals to access a wide range of information, it also has a number of provisions that permit public authorities to limit the disclosure of information. These are referred to as "exemptions" and there are 23 exemptions from the rights of access under the Act. Examples of when information may not be disclosed by UKBA in direct response to a request would include information already publicly available via another source, personal information relating to a third party not the requester and information that may prejudice the operation of immigration controls. If information is being withheld you will normally be told the reasons why.

The Freedom of Information Act 2000 came into force in January 2005 and gives any person legal rights of access to information which is held by a public authority. We are responsible for freedom of information policy in the UK. We develop the framework for the Act to be enacted properly by public authorities, providing them with guidance and best practice.
 http://www.justice.gov.uk/guidance/guidancefoi.htm


End of Bulletin:

Source for this Message:
Subject Access Bureau
NCADC