Although at present, numerous cases were being filed before the courts dissenting to the fairness and propriety of the Doctrine of Consular Absolutism or Consular Nonreviewablity. The court and legislators do not see the need to reverse the present view on the matter. This is in recognition that when they rule otherwise, the burden it will create against the government outweighs the benefit it will contribute to the public.

Definition

Under the Doctrine of Consular Absolutism or Consular Nonreviewablity, decisions of consular officers on visa issuances and denials cannot be reviewed by any judicial or administrative bodies.

In a line of cases decided by federal courts, it has been consistently held that federal courts lack subject matter jurisdiction to review consular officer’s issuance and withholding of visas. Several jurisprudence affirm this doctrine on matters of erroneous interpretation and application of Immigration and nationality Act or INA; failure to follow applicable regulations; procedural irregularity in the consul’s decision making process; factual error and unreasonableness.

Meanwhile, even the Secretary of State is expressly prohibited from interfering with the consular officer’s duties and functions. It is clearly reflected on the following excerpt from INA Section 104 [8 U.S.C. 1104]

(a)    The Secretary of State shall be charged with the administration and the enforcement of the provisions of this Act and all other immigration and nationality laws relating to (1) the powers, duties and functions of diplomatic and consular officers of the United States, except those powers, duties and functions conferred upon the consular officers relating to the granting or refusal of visas



Basis and Propriety

The doctrine is based on the perception of courts that “the power to expel or exclude aliens is a fundamental sovereign attribute exercised by the Government’s political departments largely immune from judicial and administrative control”.  The INA has given the consular officers absolute prerogative to decide on the matter and no governmental body had been given the authority to defy or rule against it.

Moreover, the consular officers at the US Embassy in Bangkok are in the best position to decide on issues relevant to visa applications. They are the ones who actually assess the supporting documents submitted and interview the K1 Visa Thailand applicant.