Home Office response to a reinspection of failed right of abode applications and referral for consideration of enforcement action
Published 12 February 2020
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The Home Office thanks the Independent Chief Inspector of Borders of Immigration (ICIBI) for the recommendations in his report on the re-inspection into failed right of abode applications and referral for consideration of enforcement action.
The Home Office remains committed to implementing recommendations made by the ICIBI and has noted the comments that some elements of recommendations made in the previous inspection remain open; these have been followed up robustly.
The Home Office has also noted that the ICIBI report finds that Guidance and Standard Operating Procedures are up-to-date and that the inspectors found that caseworkers are experienced and appear genuinely committed to providing good customer service.
The Home Office has accepted all six recommendations in this report.
The Home Office response to the recommendations that the Home Office should:
1. Review the recommendations from the 2016 inspection and, where necessary, complete the actions required to close them.
1.1 :
Accepted; already implemented.
1.2 :
Local Standard Operating Procedures (SOPs) were updated from 16 December 2019 to:
i) make it clear that where an applicant has already been the subject of enforcement action the case must be referred again to Immigration Enforcement once consideration of any Right of Abode application has been concluded.
ii) ensure that for any referrals to HM Passport Office (HMPO) where concerns have been identified about a fraudulent document an acknowledgment is requested from HMPO and any referrals are followed up robustly.
1.3 :
The Home Office will continue to engage pro-actively with HMPO to ensure the efficacy of the referral process.
2. Raise the standard of record keeping in relation to Right of Abode applications, by ensuring that there is an effective quality assurance regime, in particular in relation to refused applications.
2.1 :
Accepted; already implemented.
2.2 :
Right of Abode cases were already subjected to a robust system of quality assurance where a random sample of cases are checked by a technical specialist against agreed assurance criteria. With effect from 18 July 2019, assurance checks now include a requirement to check records on the Case Information database (CID) specifically to confirm consideration is given to referral for consideration of enforcement action.
3. Confirm that all refused applications that were “pulled” automatically into the Migration Refusal Pool in 2017 have been identified and the necessary remedial actions taken.
3.1 :
Accepted, already completed.
3.2 :
All decision that were ‘pulled’ into the Migration refusal Pool have been carefully reviewed. No cases that required any remedial action were identified.
4. Reconsider whether the redactions made to the GOV.UK version of the Right of Abode guidance are justified and necessary.
4.1 :
Accepted, already completed.
4.2 :
The guidance has been carefully reviewed. The redacted sections related primarily to security checks or to enquiries necessary to establish either the validity of documents or an individual’s identity. These sections have not therefore been disclosed as the Home Office considers that disclosure would be exempt under section 31(1)(e) of the Freedom of Information Act if the guidance were to be the subject of a request, as disclosure would or would be likely to prejudice the operation of the immigration controls. One section towards the end of the redacted section at page 13 of the published guidance relates to the process for issuing a vignette; this section was re-instated with effect from 27 November 2019 (version 5.0) to ensure transparency.
5. Consider whether there would be value in terms of efficiency, effectiveness and good customer service in introducing a triage process to identify on receipt of an application where documentary evidence is missing so that the applicant can be requested at the earliest opportunity to provide additional evidence.
5.1 :
Accepted.
5.2 :
A detailed consideration has been completed. Right of Abode applications are often complex; therefore, it would not usually be clear what (if any) additional evidence might be helpful until a full consideration of the case has been completed. The ICIBI found that applications already receive a decision well within the six-month service standard. A process already exists for cases to be expedited, usually due to urgent travel or other operational reasons, with the approval of a Senior Executive Officer (SEO). Following this detailed consideration, the Home Office does not consider that there would be any benefit in terms of efficiency, effectiveness or good customer service in introducing a triage process in this instance. This will be kept under review as the online application process is developed and streamlined.
6. Consider whether, once the Home Office has satisfied itself that an applicant holds a valid passport, a Certificate of Entitlement to the Right of Abode needs to be affixed to the passport by the Home Office.
6.1 :
Accepted.
6.2 :
The Home Office is legally required to stick certificates of a right of abode into a person’s non-UK passport. The Government’s ambition is to replace physical immigration documents with digital status. This is being rolled out in phases starting with the EU Settlement Scheme. There are several factors that will need to be considered and addressed before full roll out to replace the current approach on issuing right of abode certificates.