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UK Borders Act 2007

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This is the original version (as it was originally enacted).

48Establishment

This section has no associated Explanatory Notes

(1)The Secretary of State shall appoint a person as Chief Inspector of the Border and Immigration Agency.

(2)The Chief Inspector shall monitor and report on the efficiency and effectiveness of the Border and Immigration Agency; in particular, the Chief Inspector shall consider and make recommendations about—

(a)consistency of approach within the Border and Immigration Agency,

(b)the practice and performance of the Border and Immigration Agency compared to other persons doing similar things,

(c)practice and procedure in making decisions,

(d)the treatment of claimants and applicants,

(e)certification under section 94 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (unfounded claim),

(f)compliance with law about discrimination in the exercise of functions, including reliance on section 19D of the Race Relations Act 1976 (c. 74) (exception for immigration functions),

(g)practice and procedure in relation to the exercise of enforcement powers (including powers of arrest, entry, search and seizure),

(h)the provision of information,

(i)the handling of complaints, and

(j)the content of information about conditions in countries outside the United Kingdom which the Secretary of State compiles and makes available, for purposes connected with immigration and asylum, to immigration officers and other officials.

(3)In this section “the Border and Immigration Agency” means—

(a)immigration officers, and

(b)other officials of the Secretary of State, and the Secretary of State, in respect of functions relating to immigration, asylum or nationality.

(4)The Chief Inspector shall not aim to investigate individual cases (although this subsection does not prevent the Chief Inspector from considering or drawing conclusions about an individual case for the purpose of, or in the context of, considering a general issue).

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