§ Fiona MactaggartTo ask the Secretary of State for Foreign and Commonwealth Affairs what guidance he has given on the use of ministerial discretion in overturning the decisions of entry clearance officers overseas; and if he will place a copy of the guidance in the Library. [801]
§ Mr. BradshawEntry Clearance Officers (ECOs) consider entry clearance applications and apply the Immigration Rules to determine whether to grant or refuse entry clearance. In exceptional circumstances, an FCO Minister may exercise his/her discretion to overturn an ECO's decision, if the Minister considers that in fact the requirements of the Immigration Rules have, or have not, been met. This discretion extends only to decisions made in accordance with the Immigration Rules. The exercise of discretion to make a decision outside the Rules is only undertaken by a Home Office Minister.