A re-inspection of the Administrative Review process
This report follows up the original inspection published 26 May 2016.
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The Immigration Act 2014 (‘the 2014 Act’) replaced the right of appeal to the Immigration and Asylum Tribunal for certain types of immigration decision with an internal Home Office administrative review (AR) process. The Home Office explained that this was in order to provide “a proportionate and less costly mechanism for resolving case working errors”.
During the passage of the 2014 Immigration Bill, some MPs and peers argued that an internal process would not be an effective replacement for an appeal to a judge. To meet these concerns, section 16 of the 2014 Act required the Home Secretary to commission a report from the Independent Chief Inspector of Borders and Immigration.
This re-inspection examined the progress that the Home Office has made against the recommendations in the 2016 report.