§ Mr. ThomasonTo ask the Secretary of State for the Home Department what is his policy in relation to recommendations made by adjudicators in dismissed or withdrawn immigration appeals. [39723]
§ Mr. HowardThere is no statutory power enabling an adjudicator to make a recommendation in an appeal which is dismissed or withdrawn, and I am not bound to accept such recommendations.
It has hitherto been the practice to comply with adjudicators' recommendations, unless to do so would be unreasonable or inconsistent or would undermine general policy.
I have reviewed this policy in the light of evidence that some applicants are lodging appeals which cannot succeed on their merits because of statutory limitations, but in which the appeal hearing is being used as a means of persuading an adjudicator to make a recommendation. Henceforth, I will act on adjudicators' recommendations in dismissed or withdrawn appeals only where the written determination discloses clear exceptional compassionate circumstances which have not been previously considered and which would merit the exercise of my discretion outside the immigration rules.