UTIAC (i) The common law principles of procedural fairness apply to the decision making processes of Entry Clearance Officers (‘ECOs’).
(ii) ECO interviews serve the basic twofold purpose of enabling applications to be probed and investigated and, simultaneously, giving the applicant a fair opportunity to respond to potentially adverse matters. The ensuing decison must accord with the principles of procedural fairness.
(iii) A breach of the ‘Case Worker Guidance’ may render the decision of an ECO unlawful. As a general rule, a challenge advanced on this basis will succeed only where Wednesbury irrationality or a material procedural irregularity is established.
McCloskey J, P UT
[2015] UKUT 224 (IAC)
Bailii
England and Wales
Immigration
Updated: 30 December 2021; Ref: scu.547323