Commentary on Sections Part 7: Border and Immigration Inspectorate Section 48: Establishment
138.Subsection (1) requires the Secretary of State to appoint a Chief Inspector of the Border and Immigration Agency.
139.Subsection (2) sets out that the Chief Inspector shall monitor, and report on, the efficiency and effectiveness of the Agency. Without prejudice to the generality of this duty, a number of specific areas that the Chief Inspector shall consider and make recommendations about are set out.
140.Subsection (2)(a) states that the Chief Inspector shall look at consistency of approach within the Agency.
141.Subsection (2)(b) tasks the Chief Inspector with comparing the practice and performance of the Agency against similar bodies. This will allow the Chief Inspector to compare the performance of the Agency with other organisations and bodies doing similar things (for example, dealing with large volumes of applications), both within the United Kingdom and more widely.
142.Subsection (2)(c) states that the Chief Inspector shall look at practice and procedure in making decisions.
143.Subsection (2)(d) charges the Chief Inspector with looking at the way the Agency treats applicants. This will involve the Chief Inspector assessing the main processes involved for those experiencing the immigration system.
144.Subsection (2)(e) provides that the Chief Inspector shall look at certification of asylum and human rights claims as clearly unfounded under section 94 of the Nationality, Immigration and Asylum Act 2002. Section 111 of that Act currently provides for oversight of this certification power by a monitor (the monitor of certification of claims as unfounded). That position is abolished by section 53.
145.Subsection (2)(f) tasks the Chief Inspector with looking at compliance with discrimination law. This includes looking at reliance on authorisations made under section 19D of the Race Relations Act 1976, something which is currently done by the monitor provided for by section 19E of that Act (the position of which is abolished by section 53).
146.Subsection (2)(g) sets out that the Chief Inspector shall assess the Agency’s use of enforcement powers.
147.Subsection (2)(h) states that the Chief Inspector shall look at the provision of information. This will allow the Chief Inspector to assess how information is provided by the Agency at the United Kingdom’s ports, through Agency websites and letters, by face-to-face contact, over the telephone and by way of e-mail contact and publications.
148.Subsection (2)(i) provides that the Chief Inspector shall look at the handling of complaints.
149.Subsection (2)(j) tasks the Chief Inspector with looking at information on other countries which the Secretary of State compiles and uses for immigration and asylum purposes. This role is currently undertaken by the Advisory Panel on Country Information provided for by section 142 of the Nationality, Immigration and Asylum Act 2002 (which is abolished by section 53).
150.Subsection (3) defines the Border and Immigration Agency as immigration officers, and any other officials of the Secretary of State, and the Secretary of State, dealing with immigration, asylum or nationality.
151.Subsection (4) makes clear that the Chief Inspector shall not set out to investigate individual cases. However, he is not prevented from looking at individual cases and/or draw conclusions from them for the purpose of, or in the context of, considering a wider issue. So, for example, where there is an allegation of an immigration officer asking for sex in return for favourable immigration status decisions, the Chief Inspector can look at the individual case for the purpose of considering the measures which the Agency has in place to prevent members of staff abusing their positions in this way.