UK Borders Bill

The entry clearance monitor plays a valuable role in monitoring the quality of entry clearance refusals where there is no full right of appeal to the Asylum and Immigration Tribunal. The Government therefore agree that it is important that she be able to look at refusals under the points-based system. However, the amendment is not necessary in order to achieve that aim, because the law will already require the monitor to look at points-based refusals. Section 23(1) of the Asylum and Immigration Act 1999 will be amended by Section 4(2) of the Immigration, Asylum and Nationality Act 2006 when the latter section is brought into force on the commencement of the points-based system. The law will then require the entry clearance monitor to look at refusals of entry clearance in all cases where, as a result of Section 88A of the Nationality, Immigration and Asylum Act 2002, the decision does not attract a full right of appeal. As each tier of the points-based system comes into operation, the Government will commence Section 4(1) of the 2006 Act in respect of that tier, meaning that entry clearance decisions made under it will not attract a full right of appeal. Because of Section 4(2) of the 2006 Act, that means that the monitor’s jurisdiction will automatically expand to cover each part of the new system as it is launched. The noble Lord’s amendment is unnecessary and I hope he will feel able to withdraw it.