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FOI request for Gardia procedures?

Forum to discuss all things Blarney | Ireland immigration

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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Directive/2004/38/EC
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FOI request for Gardia procedures?

Post by Directive/2004/38/EC » Thu Jul 09, 2009 1:32 pm

Has anyone ever done a FOI request for Gardia rules and procedures used in determining who to admitted at the airport?

http://www.oic.gov.ie/en/

If not, would somebody mind doing it? Could be very interesting.

Maybe they do not have any???

ca.funke
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Re: FOI request for Gardia procedures?

Post by ca.funke » Thu Jul 09, 2009 1:52 pm

Directive/2004/38/EC wrote:Has anyone ever done a FOI request for Gardia rules and procedures used in determining who to admitted at the airport?

http://www.oic.gov.ie/en/

If not, would somebody mind doing it? Could be very interesting.

Maybe they do not have any???
Hi Directive,

actually I'd be interested in this, if I understand it correctly:

FOI = Freedom of Information ?

Can I get insight into any information held about me with any public body, as such also the police?

As usual I have a silly reason:

I was living in lovely Thurles, co. Tipperary for 4 years. The people in the house behind me decided to get a dog at some stage. To cut a long story short: the dog was in the garden 24/7 and barking like hell which annoyed me (yes, I was also pittying the poor neglected creature...). So I tried to talk to them, but they didn't open the door for me. Next I dropped them a friendly but firm letter, saying I would like to talk to them about the dog and if nothing would change I'd consider legal steps...

...next I got a note from the police in my letterbox, asking me to report to the police station.

I went to the garda-station and was told that I "threatened" these people, and am from now no longer allowed to contact them in any way. I was also told that I am hereby officially "cautioned", whatever that means.

As I was considering my next steps these lovely people moved, so I basically forgot about the whole incident. However, ever since I wonder if there is anything on record about my "unbelievable" behaviour, and if it has any official meaning to be "cautioned" by the police.

Not that I'd really care now that I don't live in Ireland anymore, but it's still in the back of my head.

Regards, Christian :)

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Thu Jul 09, 2009 2:21 pm

I do not know how effective the law is in Ireland.

Normally there are two classes of law:
(1) access to general policy and procedures and emails and documents
(2) access to your specific file held by an agency

My original question was about (1). Your question is about (2).

In the UK, you can ask for your (2) complete file under the Data Protection Act. This can be from any public agency such as the police, the home office, the passport office, the tax office, or your local council.

Worth doing! Lots of fun and it is cheap!

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Re: FOI request for Gardia procedures?

Post by Ben » Thu Jul 09, 2009 7:13 pm

Directive/2004/38/EC wrote:Has anyone ever done a FOI request for Gardia rules and procedures used in determining who to admitted at the airport?

http://www.oic.gov.ie/en/

If not, would somebody mind doing it? Could be very interesting.

Maybe they do not have any???
How about this?..


FOI Unit
Pinebrook House
71 - 74 Harcourt Street
Dublin 2


10th July 2009


FAO: Ms Aisling Brennan
Ref: FOI request, GNIB procedures


Dear Ms Brennan,

I would like a copy of the rules, guidelines and procedures used by the Garda National Immigration Bureau, at Irish ports of entry, in determining who may or may not be admitted in to the State.

The United Kingdom has equivalent documentation available here:
http://www.ukba.homeoffice.gov.uk/sitec ... passenger/

I have enclosed the €15 statutory fee.

Should you require any further information from me, please do not hesitate to make contact. Thank you.


Yours sincerely,




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Post by Obie » Thu Jul 09, 2009 7:44 pm

I think i will certainly be interested in seeing the guidelines and procedures used at the port of entry to determine who are allowed in the state and who are not. I think this will most certainly cover the area of Non-eea national traveling with their EEA family members without visa.

I will also be interested in the caseworker manuals on assessing Resident Card application for EEA family members , and Naturalisation application.

If they are unable to provide the information you requested, is you payment refundable.
Smooth seas do not make skilful sailors

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Thu Jul 09, 2009 11:08 pm

benifa wrote:I would like a copy of the rules, guidelines and procedures used by the Garda National Immigration Bureau, at Irish ports of entry, in determining who may or may not be admitted in to the State.
Can I suggest:
I would like a copy of all rules, guidelines, policies and procedures used by the Garda National Immigration Bureau which relate to the processing and/or handling of EU citizens and their EU or non-EU family members. This may include items originating from the DOJ Treaty Rights section but used in any way by GNIB, including but not limited to policy development or incident handling.

I would also request a list of all complaints made to the department about the processing and/or handling of EU citizens and their EU or non-EU family members. I would also request any summary overview of complaints to the department which touch on this area.

For each item which is relevant, I request it be produced in the main electronic form used within the department, one of Word, PDF or HTML. If that is for some reason not possible, please explain and produce the item on paper form. For each item I would also request the full document name and any departmental identification number(s) associated with it.

This request covers, but is not limited to:
(1) Operations at Irish ports of entry
(2) Operations in GNIB offices, including processing recently arrived individuals

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Post by Ben » Thu Jul 09, 2009 11:36 pm

Ok, how about this:

FOI Unit
Pinebrook House
71 - 74 Harcourt Street
Dublin 2


10th July 2009


FAO: Ms Aisling Brennan


Dear Ms Brennan,

I would like a copy of all rules, guidelines, policies and procedures used by the Garda National Immigration Bureau which relate to the processing and/or handling of EU nationals and their EU national or non-EU national family members. This may include items originating from the Department of Justice EU Treaty Rights section and used in any way by the GNIB, including but not limited to policy development or incident handling.

The United Kingdom has equivalent documentation available here:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

I also request a list of all complaints made to the department about the processing and/or handling of EU nationals and their EU national or non-EU national family members. I would also request any summary overview of complaints to the department which includes this area.

For each item which is relevant, I request the document be produced in the main electronic form used within the department, that is, one of Word, PDF or HTML. If that is for some reason not possible, please explain and produce the item on paper form. For each item I also request the full document name and any departmental identification number(s) associated with it.

This request covers, but is not limited to:
(1) Operations at Irish ports of entry
(2) Operations at the Department of Justice, EU Treaty Rights section
(3) Operations in GNIB offices, including processing recently arrived individuals

I have enclosed the €15 statutory fee.

Should you require any further information from me, please do not hesitate to make contact. Thank you.


Yours sincerely,




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Post by Obie » Thu Jul 09, 2009 11:58 pm

What a brilliant piece, you two guru's have compiled.

I will use that template and send a 15 euros postal order for mine.

I can wait to set my eye on those documents.

The working practices and procedures in that place seem like a mystery to me.
Smooth seas do not make skilful sailors

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Post by Ben » Thu Jul 09, 2009 11:59 pm

Thanks Obie, but that was Directive's work, not mine. :)
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Post by Directive/2004/38/EC » Fri Jul 10, 2009 5:37 am

This whole thing is a collective effort. Plus I do not have to pay the 15 euro!

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Reply received

Post by Ben » Fri Jul 17, 2009 10:17 am

Received a reply this morning. Not very exciting..

http://kotekbesar.com/reply_from_DoJ_FOI_req_150709.pdf
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Post by Directive/2004/38/EC » Fri Jul 17, 2009 10:37 am

Interesting. I am not sure why they are rejecting your request. Is it because it is Garda information, because of a problem in the cheque, or because you did not “state that it is made under the FOI actâ€

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Post by Ben » Fri Jul 17, 2009 10:58 am

Thanks, I'll have a look at it later. We've just moved house and have a lot on at the moment.

I left the cheque blank intentionally, as it was not clear to whom it should be made payable. I didn't want to guess and get it wrong, in case they denied the request on that basis.

Anyway, I'm worrying about Article 3(2) at the minute..
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