Entry Clearance Decisions (Removal of Full Appeal Rights)

Damian Green Excerpts

Thursday 24th March 2011 Written Statements

[The Minister for Immigration (Damian Green)]

My right hon. Friend the Home Secretary is today laying before the House a copy of the United Kingdom Border Agency report on removal of full appeal rights against refusal of entry clearance decisions under the points-based system. Copies will be available in the Vote Office and online at http://www.official-documents.gov.uk/.

Section 4(3) of the Immigration, Asylum and Nationality Act 2006 requires provision of a report on the effects of section 4(1) of the 2006 Act, which is the mechanism by which appeal rights against refusal of entry clearance decisions overseas were removed for those applying under the points-based system.

The report is required within the period of three years from the commencement of section 4(1) on 1 April 2008, when the points-based system was first implemented overseas. Full appeal rights against such refusals were removed as each tier of the points-based system was implemented overseas. A new process of administrative review was introduced overseas under the points-based system to enable refused applicants to challenge any factual errors made in the decision-making process.

To meet the requirements as set out in the Act, the report provides statistical data on entry clearance decisions and administrative review requests made, it details the processes and criteria in place under the points-based system and records opinions made by the UK Border Agency independent chief inspector. To report on the effects of removal of full appeal rights, some comparisons have been made between the appeal system and administrative review process.