Immigration and Customs Officers procedures (FOI)

Request

A

What data sources can Immigration and Customs officers access at a port of entry if they decide to make any immediate further enquiries, beyond asking to see photo ID, as to a Jersey resident's right to return to the island, or as to visitors seeking to enter the island?  

B

When an officer makes further enquiries, is it protocol, or normal practice, to make a record of the encounter with the party whom they determine to make further checks, and if so, and the search or enquiry outcome is clear, for how long is any record of the search or any other enquiries kept?  

C

If an officer makes further enquiries, does the system record the time and data and identity of the person accessing data sources for information about an individual or individuals, even if there is no further action?  

D

Do future enquiries disclose prior searches, and are Customs and Immigration records available to other departments, institutions or public bodies? 

E

If records are kept, how many further enquiries or searches of persons entering or re-entering the island are made in a typical month at the main public ports of entry (data from one month recently would suffice), and does the data separate the further enquiries between visitors and residents? 

F

What data is kept on Jersey residents in respect of immigration matters or travel?

G

What data does the island share or exchange with other jurisdictions?  

H

How many staff work in Customs and Immigration as officers undertaking checks on arriving or departing passengers?

I

What qualifications do they have to have to be employed in the role?  

J

How has this number changed in the last five years? 

Response

A to D  

The information requested is considered qualified exempt under Article 42 of the Freedom of Information (Jersey) Law 2011 as it would be likely to prejudice the prevention, detection or investigation of crime, the apprehension or prosecution of offenders, the assessment or collection of a tax or duty, and the operation of immigration controls. 

 E 

This data is not held. Article 3 of the Freedom of Information (Jersey) Law 2011 applies. 

F and G 

The Customs and Immigration Service’s privacy policy is publicly available on www.gov.je. Article 23 of the Freedom of Information (Jersey) Law 2011 has been applied. Please see the following link:

Jersey Customs and Immigration Service's privacy policy (gov.je)

No further information will be released as it is considered qualified exempt under Article 42 of the Freedom of Information (Jersey) Law 2011 as it would be likely to prejudice the prevention, detection or investigation of crime, the apprehension or prosecution of offenders, the assessment or collection of a tax or duty, and the operation of immigration controls. 

H 

62 Officers are used flexibly across a range of duties including undertaking checks on arriving or departing passengers. 

I 

Officers, on appointment and ongoing, undergo a range of courses both in Jersey and the United Kingdom to equip them with the knowledge and skills required to undertake duties as a Customs and Immigration Officer, including training on the operation of border controls and the investigation of crime. 

J 

Five additional Officer posts have been created in the past five years.

Articles applied

Article 3 - Meaning of “information held by a public authority”

For the purposes of this Law, information is held by a public authority if –

(a)     it is held by the authority, otherwise than on behalf of another person; or

(b)     it is held by another person on behalf of the authority.

Article 23 - Information accessible to applicant by other means

(1) Information is absolutely exempt information if it is reasonably available to the applicant, otherwise than under this Law, whether or not free of charge.

(2) A scheduled public authority that refuses an application for information on this ground must make reasonable efforts to inform the applicant where the applicant may obtain the information.

Article 42 - Law enforcement

Information is qualified exempt information if its disclosure would, or would be likely to, prejudice –

(a) the prevention, detection or investigation of crime, whether in Jersey or elsewhere;

(b) the apprehension or prosecution of offenders, whether in respect of offences committed in Jersey or elsewhere;

(c) the administration of justice, whether in Jersey or elsewhere;

(d) the assessment or collection of a tax or duty or of an imposition of a similar nature;

(e) the operation of immigration controls, whether in Jersey or elsewhere;

(f) the maintenance of security and good order in prisons or in other institutions where persons are lawfully detained;

(g) the proper supervision or regulation of financial services; or

(h) the exercise, by the Jersey Financial Services Commission, of any function imposed on it by any enactment.

Public Interest Test

Where identified, Article 42(a) of the Freedom of Information (Jersey) Law 2011 has been applied. Since the exemption which is engaged is a qualified, not an absolute, exemption a public interest test has been conducted, as required by Article 9(2) of the Freedom of Information (Jersey) Law 2011, to assess whether, in all the circumstances of the case, the public interest in supplying the information is outweighed by the public interest in not doing so.

Whilst it is accepted that the public may have an interest in these procedures, this interest is outweighed by the public good (the public interest) to preserve the integrity of such procedures.

This information is therefore being withheld as it is considered that its disclosure into the public domain may prejudice the prevention, detection or investigation of crime, the apprehension or prosecution of offenders, the assessment or collection of a tax or duty, and the operation of immigration controls.