The Independent Monitor
The role of the Independent Monitor for Entry Clearance Refusals without the Right of Appeal was set out in section 23 of the Immigration and Asylum Act 1999 and amended by paragraph 27 of schedule 7 of the Nationality, Immigration & Asylum Act 2002:
(1)The Secretary of State must appoint a person to monitor, in such a manner as the Secretary of State may determine, refusals of entry clearance in cases where there is, as a result of section 90 or 91 of the Nationality, Immigration & Asylum Act 2002, no right of appeal.
(2)But the Secretary of State may not appoint a member of his staff.
(3)The monitor must make an annual report on the discharge of his functions to the Secretary of State.
(4)The Secretary of State must lay a copy of any report made to him under subsection before each House of Parliament.
The current Independent Monitor is Mrs Linda Costelloe Baker who was appointed by the Secretary of State in April 2006 for a fixed term of two years and in April 2008 she was reappointed for a further year.
Applications within the Independent Monitor’s remit:
Visitors: A visitor, other than a visit for the purpose of visiting a member of the applicant’s family as set out in the Immigration Appeals (Family Visitor) Regulations 2003;
Non family visitors constitute just over half of visa applicants. The term visitor may apply to someone coming to the United Kingdom for a private visit perhaps as a tourist or to see friends; someone who visits to transact business such as attending meetings and briefings, fact finding, negotiating or making contracts with UK businesses to buy or sell goods or services; someone who arrives at one UK port or airport and needs to be in the UK for longer than 48 hours or to transfer to another port or airport to continue a longer journey, or someone coming to the UK for privately funded medical treatment.
Student Visitors: Someone who wishes to study in the UK for less than six months, and who does not wish to work, or apply for an extension to their stay.
Students: Someone who intends to follow a course of study for which s/he has been accepted and which will not last more than six months.
Those intending to study but who have not been accepted for a course.
A dependant of a person in the two categories above.
Points Based System applications: All applications handled under the Points Based System as it is rolled out in 2008 and 2009.
The Independent Monitor monitors as directed by the Secretary of State. Those directions are:
• to examine the quality of decision making, within the spirit of fairness and consistency, in certain cases where, as a result of legislation, there is a limited right of appeal: this includes cases determined under the Points Based System;
• to ensure that correct procedures are used to reach decisions;
• to spend 3 months each year visiting entry clearance posts overseas;
• to examine the quality of information available to applicants with a limited right of appeal;
• to examine the quality of UK Border Agency's complaint procedures for applicants with a limited right of appeal;
• to submit a twice-yearly report on the discharge of these functions to the Secretary of State, who will lay a copy of the Report before each House of Parliament.
The Independent Monitor may make recommendations based on her findings. The Independent Monitor cannot investigate individual complaints or overturn a decision not to issue a visa.
Contact:
Mrs Linda Costelloe Baker
Independent Monitor for Entry Clearance Refusals
(without right of appeal)
c/o UK Border Agency International Group
Visa Services Directorate
WH 4.9
FCO
King Charles Street
London SW1A 2AH
Parliamentary Reports
The Monitor makes two formal reports to the Secretary of State for the Home Department each year. These are submitted to Parliament by Written Ministerial Statement. Access a full list of reports published from 2005 to present.
Overseas visits
In addition to the twice-yearly reports, Mrs Costelloe Baker spends 3 months visiting and reporting on posts overseas. Access a full list of reports published from July 2006 to present.
Archive
Access to annual reports written by previous Independent Monitors.
Themed Reports
Latest themed report is listed below. Access a full list of themed reports published in 2008.

