Information on $$ Malaysian Endorsement

Summary

The requester sought statistics on Business Migrant visa endorsements and details on the decision-making process for a specific refused application. The Department for Enterprise disclosed total application numbers and the general assessment workflow but withheld specific details regarding the individual decision-makers involved in the refusal.

Key Facts

• Total applications received since inception (May 2019) are 302.
• Applications are split between 152 for the Innovator route and 150 for the Start Up route.
• The decision-making process involves a Case Officer who may consult with internal agencies or external experts.
• Information regarding the specific roles and titles of decision-makers for the refused application was withheld.
• The response was issued on 2 April 2025 following a request received on 18 March 2025.

Data Disclosed

• 302
• 152
• 150
• May 2019
• 27 February 2025
• 18 March 2025
• 2 April 2025

Original Request

Dear Sirs, We are requesting information held on the above-referenced individual in relation to her recent application for Endorsement as a Business Migrant (Innovator). Her application for a letter of endorsement has been refused on 27 February 2025. We are now requesting information in relation to the endorsement process and the specific application in question. The specific information we are looking to obtain is: 1) Confirmation of how many applications have been received, in total, by the Department of Enterprise for Endorsement under both the Start Up and Innovator visa routes 2) Confirmation of the total number of decision makers typically involved in the decision making process of Endorsement applications, under both the Innovator and Start Up routes 3) Confirmation of how many individual decision makers were involved in the decision to refuse ####### application for Endorsement and what their roles/job titles are within the Department of Enterprise's structure 4) Confirmation of the total number of applications for Endorsement under the Innovator and Start Up route which have been refused 5) Confirmation of how many of those refused Endorsement applications under the Innovator and Start Up route have been challenged 6) Confirmation of the total number of challenges that have been upheld i.e. decided that the original decision was correct 7) Confirmation of the total number of challenges which have resulted in the initial refusal decision being overturned Please note that for each above request, we are requesting information from the inception of the Innovator visa route, namely May 2019. Additionally, we have previously submitted a similar FoI request. Please now consider this request instead of the previous request, as our intention is for the above-requested information to be provided for the whole existence of the Business Migrant (Innovator) visa route.

Data Tables (1)

Data Tables (reformatted)

Full Response Text

Freedom of Information Co-ordinator 1st Floor, St Georges Court Upper Church Street, Douglas Isle of Man IM1 1EX

Telephone: (01624 686400) Website: https://www.iomdfenterprise.im/

Our ref: 4522305 2 April 2025

Dear ###,

We write further to your request, received 18 March 2025, which states:

"Dear Sirs,

We are requesting information held on the above-referenced individual in relation to her recent application for Endorsement as a Business Migrant (Innovator). Her application for a letter of endorsement has been refused on 27 February 2025.

We are now requesting information in relation to the endorsement process and the specific application in question.

The specific information we are looking to obtain is:

1) Confirmation of how many applications have been received, in total, by the Department of Enterprise for Endorsement under both the Start Up and Innovator visa routes

2) Confirmation of the total number of decision makers typically involved in the decision making process of Endorsement applications, under both the Innovator and Start Up routes

3) Confirmation of how many individual decision makers were involved in the decision to refuse $$$$$$# application for Endorsement and what their roles/job titles are within the Department of Enterprise's structure

4) Confirmation of the total number of applications for Endorsement under the Innovator and Start Up route which have been refused

5) Confirmation of how many of those refused Endorsement applications under the Innovator and Start Up route have been challenged

6) Confirmation of the total number of challenges that have been upheld i.e. decided that the original decision was correct

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7) Confirmation of the total number of challenges which have resulted in the initial refusal decision being overturned

Please note that for each above request, we are requesting information from the inception of the Innovator visa route, namely May 2019.

Additionally, we have previously submitted a similar FoI request. Please now consider this request instead of the previous request, as our intention is for the above- requested information to be provided for the whole existence of the Business Migrant (Innovator) visa route."

Our response to your request is as follows:

“1) Confirmation of how many applications have been received, in total, by the Department of Enterprise for Endorsement under both the Start Up and Innovator visa routes”

The total number of applications that have been received since inception are 302. This is broken down into 152 applications for the Innovator visa route, and 150 for the Start up visa route.

“2) Confirmation of the total number of decision makers typically involved in the decision making process of Endorsement applications, under both the Innovator and Start Up routes”

Upon submission, the application is initially allocated to a Case Officer for assessment. The officer is responsible for collating all relevant information pertaining to the application.

Where necessary, the Case Officer consults with the Business, Finance, Visit, and Digital Executive Agency to obtain professional insights relevant to the business case. In certain cases, such as those concerning healthcare, external expert opinions may be sought with the applicant’s consent. These inputs are considered as part of the decision-making process but do not constitute a definitive recommendation.

Following the assessment, the Case Officer completes a formal evaluation and submits a recommendation. The completed evaluation is then reviewed by a Senior Manager, who conducts an independent assessment based on the information provided. At this stage, the reviewing officer may request additional information or seek further expert advice if deemed necessary before making a final decision.

“3) Confirmation of how many individual decision makers were involved in the decision to refuse Ms Asfazura Binti Mohd Dhany's application for Endorsement and what their roles/job titles are within the Department of Enterprise's structure”

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This question is subject to an exemption. Section 25 – Absolute exempt personal information s25(b)(i)&(ii) While our aim is to provide information whenever possible, in this instance we are unable to provide any of the information you have requested because it is absolutely exempt under section 25 of the Act (absolutely exempt personal information). The reasons why that exemption applies are that: • The Department for Enterprise is satisfied that the information amounts to personal data of which you are not the data subject; and

• The Department for Enterprise is satisfied that disclosure of the information would contravene one of the data protection principles, as set out at Article 5 of the General Data Protection Regulation, as it applies in the Isle of Man pursuant to the Data Protection (Application of GDPR) Order 2018, namely that the Department for Enterprise can only disclose the information where it would be fair, lawful and meet one of the conditions for lawful processing in Article 6, and one of the conditions in Article 9 of the GDPR order, and Schedule 2 of the Implementing Regulations is met and in this case, none of those conditions have been met.

“4) Confirmation of the total number of applications for Endorsement under the Innovator and Start Up route which have been refused” 163 applications have been refused. This is broken down into 46 refusals for the Innovator visa route, and 117 for the Start Up visa route.

“5) Confirmation of how many of those refused Endorsement applications under the Innovator and Start Up route have been challenged”
32 of the refused applications have been challenged. This is broken down into 5 for the Innovator visa route and 27 for the Start Up visa route.

“6) Confirmation of the total number of challenges that have been upheld i.e. decided that the original decision was correct” 32 challenges have been upheld.

“7) Confirmation of the total number of challenges which have resulted in the initial refusal decision being overturned” 4 | P a g e
No challenges have resulted in the initial refusal decision being overturned.

Please quote the reference number 4522305 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi.

I will now close your request as of this date.

This response took three hours to complete.

Freedom of Information Co-ordinator 1st Floor, St Georges Court Upper Church Street, Douglas Isle of Man IM1 1EX

Telephone: (01624 686400) Website: https://www.iomdfenterprise.im/

Our ref: 4522305 11 April 2025

Dear #####

We write further to your request, received 18 March 2025, which states:

"Dear Sirs,

We are requesting information held on the above-referenced individual in relation to her recent application for Endorsement as a Business Migrant (Innovator). Her application for a letter of endorsement has been refused on 27 February 2025.

We are now requesting information in relation to the endorsement process and the specific application in question.

The specific information we are looking to obtain is:

1) Confirmation of how many applications have been received, in total, by the Department of Enterprise for Endorsement under both the Start Up and Innovator visa routes

2) Confirmation of the total number of decision makers typically involved in the decision making process of Endorsement applications, under both the Innovator and Start Up routes

3) Confirmation of how many individual decision makers were involved in the decision to refuse ##### application for Endorsement and what their roles/job titles are within the Department of Enterprise's structure

4) Confirmation of the total number of applications for Endorsement under the Innovator and Start Up route which have been refused

5) Confirmation of how many of those refused Endorsement applications under the Innovator and Start Up route have been challenged

6) Confirmation of the total number of challenges that have been upheld i.e. decided that the original decision was correct

2 | P a g e

7) Confirmation of the total number of challenges which have resulted in the initial refusal decision being overturned

Please note that for each above request, we are requesting information from the inception of the Innovator visa route, namely May 2019.

Additionally, we have previously submitted a similar FoI request. Please now consider this request instead of the previous request, as our intention is for the above- requested information to be provided for the whole existence of the Business Migrant (Innovator) visa route."

Our response to your request is as follows:

“1) Confirmation of how many applications have been received, in total, by the Department of Enterprise for Endorsement under both the Start Up and Innovator visa routes”

The total number of applications that have been received since inception are 302. This is broken down into 152 applications for the Innovator visa route, and 150 for the Start up visa route.

“2) Confirmation of the total number of decision makers typically involved in the decision making process of Endorsement applications, under both the Innovator and Start Up routes”

Upon submission, the application is initially allocated to a Case Officer for assessment. The officer is responsible for collating all relevant information pertaining to the application.

Where necessary, the Case Officer consults with the Business, Finance, Visit, and Digital Executive Agency to obtain professional insights relevant to the business case. In certain cases, such as those concerning healthcare, external expert opinions may be sought with the applicant’s consent. These inputs are considered as part of the decision-making process but do not constitute a definitive recommendation.

Following the assessment, the Case Officer completes a formal evaluation and submits a recommendation. The completed evaluation is then reviewed by a Senior Manager, who conducts an independent assessment based on the information provided. At this stage, the reviewing officer may request additional information or seek further expert advice if deemed necessary before making a final decision.

“3) Confirmation of how many individual decision makers were involved in the decision to refuse ##### application for Endorsement and what their roles/job titles are within the Department of Enterprise's structure”

3 | P a g e

This question is subject to an exemption. Section 25 – Absolute exempt personal information s25(b)(i)&(ii) While our aim is to provide information whenever possible, in this instance we are unable to provide any of the information you have requested because it is absolutely exempt under section 25 of the Act (absolutely exempt personal information). The reasons why that exemption applies are that: • The Department for Enterprise is satisfied that the information amounts to personal data of which you are not the data subject; and

• The Department for Enterprise is satisfied that disclosure of the information would contravene one of the data protection principles, as set out at Article 5 of the General Data Protection Regulation, as it applies in the Isle of Man pursuant to the Data Protection (Application of GDPR) Order 2018, namely that the Department for Enterprise can only disclose the information where it would be fair, lawful and meet one of the conditions for lawful processing in Article 6, and one of the conditions in Article 9 of the GDPR order, and Schedule 2 of the Implementing Regulations is met and in this case, none of those conditions have been met.

“4) Confirmation of the total number of applications for Endorsement under the Innovator and Start Up route which have been refused” 163 applications have been refused. This is broken down into 46 refusals for the Innovator visa route, and 117 for the Start Up visa route.

“5) Confirmation of how many of those refused Endorsement applications under the Innovator and Start Up route have been challenged”
32 of the refused applications have been challenged. This is broken down into 5 for the Innovator visa route and 27 for the Start Up visa route.

“6) Confirmation of the total number of challenges that have been upheld i.e. decided that the original decision was correct” 32 challenges have been upheld.

“7) Confirmation of the total number of challenges which have resulted in the initial refusal decision being overturned” 4 | P a g e

No challenges have resulted in the initial refusal decision being overturned.

Please quote the reference number 4522305 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found b

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