Making the decision
The higher decision maker will consider the submission from the solicitor and the recommendation made by the staff member who initially considered the application, and take a decision to grant or refuse.
If the decision is made to refuse, it must be grounded in the Act and Regulations and there must be reasons to refuse, which must relate to the grounds. The decision maker must prepare a record of the decision stating the grounds and reasons. EOS facilitates this by allowing the decision maker, when refusing, to select the particular grounds under the Act they are refusing. They can then type a note of the reasons. The reasons should be specific to the case – it is not acceptable to use “cut and paste” text. Above all they must directly relate to the grounds. The decision should be recorded on EOS and only in exceptional circumstances (e.g. if a decision needs to be made and the IT system is unavailable) should the record be handwritten and if it is it must be scanned and recorded on EOS at the earliest possible opportunity.