Appeal Rights | ICS Legal Lawyers
This page will explain about appeal rights following implementation of the Immigration Act 2014. References to legislation are to the provisions as amended by the Immigration Act 2014 unless otherwise stated. Rights of appeal exist against the following decisions:
Refusal of a human rights or protection claim and revocation of protection status - appeal rights are in Part 5 of the Nationality, Immigration and Asylum Act 2002 (the 2002 act).
Refusal of a visa and refusal to vary leave to remain, in some situations, where the application was made before the Immigration Act 2014 was in force.
Refusal to issue a European Economic Area (EEA) family permit as well as certain other EEA decisions where appeal rights are in Regulation 36 of the Immigration (European Economic Area) Regulations 2016.
Deprivation of citizenship whereby Section 40A of the British Nationality Act 1981 applies.
The definition of a protection claim is a claim that removing the claimant from the UK would breach our obligations:
A protection claim includes asylum claims and claims from those who may fall outside the Refugee Convention but believe they qualify for humanitarian protection because, if removed from the UK, they would be at risk of serious harm as defined in paragraph 339C of the Immigration Rules.
Human rights claim
In the UK: application under the Immigration Rules
The applications listed in this section and made under the Immigration Rules are Human Rights applications and the starting position is that there is a right of appeal against a refusal.
In the UK: application outside the Immigration Rules
Applications for leave to remain outside the rules on human rights grounds are made on forms FLR(O) for further leave to remain(LTR)and SET(O) for indefinite leave to remain(ILR).
Determining if a human rights claim has been made.
For the purposes of Part 5 of the Nationality, Immigration and Asylum Act 2002 (appeals in respect of protection and human rights claims), a human rights claim is defined as a claim made by a person that to remove them from or require them to leave the UK or to refuse him entry into the UK would be unlawful under the Human Rights Claims document published by the Home Office.
The form does not ask the applicant to indicate whether the claim being made is a human rights claim. Therefore it is important that at the time of the application, you put forward your matter in full. Speak to ICS Legal Lawyers today on 0207 237 3388, so we can advise you on the specified evidences required at the date of application. If you have submitted an application and would like to do further legal submission, that is also possible. Complete your case details by clicking here, so one of our ICS Legal Lawyers will contact you to explain how we can assit you.
Determining if human rights are engaged
If the claim raises human rights, consider whether the claim made is capable of engaging the human right relied on. This will involve examination of the merits of the claim.
In the UK: applicant is detained
Any human rights claim must be made directly to a prison officer, a prisoner custody officer, a detainee custody officer or a member of Home Office staff at the migrant’s place of detention.
There is no requirement to complete a specific form or follow a specific process. Where removal is imminent, it is more likely that the applicant will not be required to follow a formal process to make a claim.
Overseas: applications outside the Immigration Rules
Outside the UK, applications based on a human rights claim outside the Immigration Rules must form part of a valid application for entry clearance.