Independent Monitor - Frequently Asked Questions
Which cases does the Independent Monitor look at?
Non family visits, student visitors, students wishing to study for under 6 months and all cases handled under the Points Based System.
Which cases do not have a right of appeal?
Although the legislation, and the Independent Monitor's title, refer to 'no right of appeal', applicants do have limited rights of appeal on human rights and race relations grounds. Parliament decides which categories of visa applicant should not have full rights of appeal; UK Border Agency's role is to implement the laws set by Parliament and as interpreted by Government policies. The Independent Monitor's remit does not cover all cases which have limited appeal rights.
Can the Independent Monitor look into a complaint?
No. The Independent Monitor's role is to look at how UK Border Agency handles complaints. She does not look into individual complaints.
Is there someone who is independent who can look into a complaint?
If you wish to complain about the service provided by UK Border Agency or its commercial partners, then you should contact the Entry Clearance Manager at the visa section which handled the application. You may also write to UK Border Agency in London. If you are not satisfied with the way UK Border Agency has handled your complaint, you can ask an MP to refer a complaint to the Parliamentary Ombudsman.
Can the Independent Monitor overturn a decision not to issue a visa?
No.
What makes the Independent Monitor independent?
The Independent Monitor is appointed for a fixed period by the Secretary of State and reports directly to the Secretary of State. She cannot be a member of the Secretary of State's staff. She has full full editorial control over her Reports and UK Border Agency cannot change what she writes. Although her official address is c/o UK Border Agency, currently still at the Foreign & Commonwealth Office premises, she provides her own office. UK Border Agency forwards any mail, unopened, that is addressed to the Independent Monitor.

