IDG69000 - for disclosing to others (government): UK Border Agency
Why share information with the Immigration officers in the UK Border Agency?
UKBA is responsible for managing immigration control in the
United Kingdom. They also consider applications for permission to
stay, citizenship, and asylum. Their role as a border control and
law enforcement agency means that they often work closely with HMRC
officers. The National Asylum Support Service (NASS) is a
particular area of the UKBA that may request information from HMRC.
The procedures for disclosing to NASS and UKBA are the same. The
term ‘UKBA’ in this guidance implicitly includes NASS.
Ensuring information is shared lawfully
All disclosures of HMRC information must be lawful. See
IDG40500 for more information on lawful
disclosure as provided by the CRCA.
To be lawful, HMRC may only share information with UKBA
through a legal gateway. See
IDG44000 for general information about
legal gateways. Most disclosures of information by HMRC to UKBA
will be made through the gateway provided by the UK Borders Act
2007, as listed below. Note that information can still be shared
with HMRC officers in the UKBA in accordance with s.17 CRCA
(Commissioners for Revenue and Customs Act 2005). Please see
IDG25000 for more details. If this route is taken, the recipient of
the information will not be able to disclose the information to
non-HMRC officers unless done so in accordance with s.18 CRCA.
You must also ensure when passing information to UKBA that
you follow the agreed procedure for disclosures. Details are listed
under each type of disclosure to UKBA, being:
For all of HMRC |
|
| IDG69030 | Disclosing to UKBA through the gateway provided by the UK Borders Act 2007 (immigration, asylum and nationality matters) |
| IDG69050 | Disclosing to UKBA through the gateway provided by the Anti-Terrorism, Crime and Security Act (ATCSA) (criminal matters, if not covered by UK Borders Act 2007 gateway) |
For former HMCE parts of the business |
|
| IDG69060 | Mandatory requirement to share specific information with UKBA that will be of use for its immigration functions, under the Immigration, Asylum and Nationality Act (IANA) |
| IDG69070 | Sharing information from the former HMCE parts of the business with UKBA about suspected terrorist activity |
