§ Dr. McDonaldasked the Secretary of State for the Home Department if he will publish in the Official Report the number of occasions on which the Chief Adjudicator has recommended to him that an immigrant be allowed to reside permanently in the United Kingdom, outside the rules, and the number of occasions on which he has accepted that recommendation.
§ Dr. SummerskillFigures are not readily available and could not be obtained without disproportionate expenditure. But whenever any adjudicator recommends the exercise of discretion outside the rules the merits of the case are carefully reconsidered and many such recommendations are accepted.
§ Dr. McDonaldasked the Secretary of State for the Home Department if he will publish in the Official Report the number of occasions on which the Chief Adjudicator has recommended that an immi 284W grant be allowed to reside permanently in the United Kingdom, within the rules, in 1976 and 1977, and the number of occasions on which he has accepted that recommendation.
§ Dr. SummerskillWhere he decides that an appellant qualifies for permanent residence within the rules, the Chief Adjudicator will allow the appeal. The question of making a recommendation to the Secretary of State does not arise.
Persons who applied before 27th September 1976 while their current leave to enter or remain was still valid had no right of appeal if a decision on their application was made after that leave had expired. Such persons were therefore accorded a hearing by the appellate authorities on an extra-statutory basis. An advisory opinion that such an appeal would have been allowed, had it been made on a statutory basis is, subject to his right of appeal to the tribunal, invariably accepted by my right hon. Friend.