The Immigration Act 2014 (The Act) explains the operation of the immigration appeals system as found in Parts 5 and 6 of the Nationality, Immigration and Asylum Act 2002 (The 2002 Act) as amended by Part 2 of The Act. The Act introduced fundamental changes to the appeal process.
The main changes to appeals made by the Immigration Act 2014 are that a right of appeal only arises when the Secretary of State for the Home Department (SSHD):-
(i) refuses a human rights claim;
(ii) refuses a protection claim, namely a claim for refugee or humanitarian
protection status;
(iii) revokes protection status, namely refugee or humanitarian protection
status;
Refusal of other applications (and other immigration decisions such as a removal decision or curtailment of leave) will not give rise to a right of appeal. It may be possible for a person to apply for an administrative review of a refusal of an application if it is an eligible decision and it is alleged that a case working error has occurred.
If a person has made an application to enter or remain in the United Kingdom (UK), has made a protection claim, or a human rights claim, or a decision to remove or deport has been made, the person may be served a “one stop notice” under section 120 of the Nationality, Immigration and Asylum Act 2002 (as amended by the 2014 Act). This notice places an ongoing duty on a person to raise any additional reasons or grounds (other than those in the application) that would permit him/her to remain in the UK. The purpose of this notice is to require a person to raise reasons and grounds at an early stage and to prevent matters being raised at the last minute. If no response is made to the notice but the person makes a late claim, if refused, the claim can be certified under section 96 of the 2002 Act, such that there will not be a right of appeal if the claim could have been raised earlier (and there is no satisfactory reason for that matter not having been raised in a statement made in response to that notice, s96(2)(c)). Section 7 of the Asylum Policy Instruction, ‘Further Submissions’ sets out certification under section 96 and can be accessed at:- https://www.gov.uk/government/publications/further-submissions
If you have been refused or thinking of submitting an application for entry to the UK or to apply for leave to remain from the UK, and have queries related to the application in question, speak to us by calling our team on 0207 237 3388 or you can e-mail us at info@icslegal.com.
