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Immigration Appeal Review

What is the purpose of an appeal review The purpose of the appeal review is to consider the grounds of appeal and supporting documents. A review is required for all decisions refused with a full right of appeal (RoA). Those undertaking the review must assess whether the appellant has satisfactorily addressed the reasons for refusal. If the appellant has successfully addressed all the points of refusal the decision should be overturned and a visa issued. If it is found that the appellant has failed to address the reasons for refusal a written statement detailing why, the decision is being upheld must be provided. Who should conduct the appeal review All appealed decisions must be reviewed by an independent decision maker and records should be updated. How should the appeal review be conducted On receipt of an appeal, the initial decision must be reviewed taking into account the grounds of appeal and any additional supporting documentation. Documents supplied at the time of application should be available for consideration if required. The reviewer must decide to maintain the ECO decision or agree in light of the grounds of appeal. Where an appellant provides evidence which appears to discharge the burden of proof...

Litigation debt

Litigation debt is a debt owed to the Home Office where the court or Tribunal has ordered another party to pay our legal costs. Litigation debt can arise from all types of litigation, including appeals, judicial reviews and private law claims such as unlawful detention. You must always check whether an applicant owes a litigation debt. This guidance does not apply to: protection claims (this means decisions on asylum and humanitarian protection claims as well as on protection-based claims under article 3 of the European Convention on Human Rights(ECHR)) European Economic Area (EEA) nationals and their family members who apply under the EEA regulations nationality Litigation debt in the Immigration Rules. A power to refuse applications for entry clearance, leave to enter or leave to remain on the basis of litigation debt was added to the Immigration Rules and applies to applications made on or after 6 April 2016. You must not apply this rule to any applications made before 6 April 2016. You must take account of all litigation debts, including those accrued before 6 April 2016, when considering an application made on or after 6 April. Considering refusal Once you have confirmed that the litigation debt is still...

Unaccompanied minors arrive in UK ahead of Calais camp clearance

The first group of unaccompanied children have arrived in the UK from Calais today (17 October), following the Home Secretary’s pledge to transfer as many minors as possible before the camp is cleared. The group, aged 14 to 17, were transported across the Channel this morning. They will be screened and processed by the Home Office, before being reunited with their families in the coming days. More children are due to arrive from France over the next few days and weeks under the Dublin regulation mechanism. Separately, Home Office officials are working with French authorities, NGOs and charities to identify children who are eligible under the ‘Dubs amendment’ of the Immigration Act. A Home Office spokesperson said: We can confirm a group of children who left the Calais camp this morning have arrived in the UK. This is the start of the process to transfer as many eligible children as possible before the start of the clearance, as the Home Secretary set out in Parliament. These vulnerable children, aged between 14 and 17, were transferred to the UK under the care of Home Office staff, with the support of volunteers from specialist NGOs and charities. They will join their families...

Sarah Rapson to leave Home Office

Director General of UK Visas & Immigration departs after more than 11 years at the Home Office. Sarah Rapson, Director General of UK Visas & Immigration (UKVI) at the Home Office, will be leaving the Home Office in October to take up the post of Director of Authorisations at the Financial Conduct Authority (FCA). Prior to joining UKVI as Director General in March 2014, Sarah worked in a number of high profile roles in the Home Office, including Chief Executive of the Passport Office (now HM Passport Office). Permanent Secretary Mark Sedwill said: Sarah has served the Home Office and the public with great distinction and success, and I would like to take this opportunity to thank her for her service. Under her leadership, HM Passport Office was consistently ranked as one of the top performing public sector organisations for customer service. Leading UKVI, Sarah has established a confident, able and transformed organisation. I wish her every further success in her new role. Sarah Rapson said: It’s been an honour to serve as Chief Executive of the Identity and Passport Service (IPS), Registrar General of England and Wales and the first Director General of UKVI alongside dedicated hard-working colleagues. I’m...

Visa service closures in December 2016 and January 2017

The UK Visas and Immigration biometric enrolment centres in Christchurch and Wellington will be closed from 23 December 2016 to 5 January 2017. The Auckland office will be open on 23 and 28 to 30 December 2016. All offices will be open as normal from 6 January 2017. You should allow additional time for the processing of your visa application during this period. New Zealand Post often experiences delays during December, so customers are advised to apply for their visa as early as possible at this time, but no more than 3 months before their intended arrival date in the UK. Pay your fee Follow the instructions when you apply online to pay your visa fee. If you wish to use the priority visa service, you will be required to pay an additional fee. Priority visa service You can pay an additional fee to fast track your application and have your visa application placed at the front of the processing queue. This service is available for all visa categories. Using the priority visa service is optional and does not imply or guarantee that a visa application will be successful. All visa applicants must meet the requirements of the UK Immigration...

Processing ACRO Referrals in Criminal Casework

The Framework Decision also allows for the exchange of criminal records information for other purposes, such as immigration or employment vetting, where this is permissible under the national law of the state providing the information. Generally, personal data provided under the Framework Decision can only be used for the purposes for which it was sought. However, any personal data may also be used to prevent a serious and immediate threat to public security, without the need to obtain permission from the other European Union (EU) Member State. When a foreign national is arrested in the UK, the police will request an overseas records check via the ACRO Criminal Records Office (ACRO). ACRO conducts such conviction checks with EU Member States and Non-EU Interpol Member Countries. The target country for the request is usually the individual’s country of nationality. It could also be to another country where they are known to have lived or travelled. Where an overseas check reveals serious offending, ACRO will refer the case to Criminal Casework (CC) for consideration of deportation action. Most checks are carried out under the Framework Decision but ACRO also have bilateral arrangements with a number of non-EU countries and can make a...

Apply for a UK visa in the USA

Go to your appointment You must book your biometric appointment at a US Department of Homeland Security application support centre (ASC) when you apply online. This is to have your photo and fingerprints taken (known as ‘biometric information’). When you visit the ASC for your biometrics appointment, please take your current passport, a print out of your application form and a copy of your biometric confirmation receipt. You can print your receipt when you apply online. Mobile phones, cameras and other recording devices are not permitted inside the ASC. Visa application process for children under 5 Children under the age of 5 applying for a UK visa from within the United States will also need to attend an appointment at an ASC. At the appointment, children under the age of 5 will have their photograph taken but will not be required to provide their fingerprints. To have your documents returned you must provide a fully addressed prepaid electronic shipping label (we cannot accept ground services and non-electronic waybills). Put your return shipping label and envelope inside the package, and keep a copy of the waybill for your records. Priority visa service This is an optional service where you can pay...

Sala (EFMs: Right of Appeal) [2016] UKUT 00411 (IAC)

Sala (EFMs: Right of Appeal) [2016] UKUT 00411 (IAC)  Upper Tribunal (Immigration and Asylum Chamber) Sala (EFMs: Right of Appeal) [2016] UKUT 00411 (IAC) THE IMMIGRATION ACTS Heard at Field House On 7 July 2015 and 7 June 2016 Determination Promulgated 19 August 2016 Before MR C M G OCKELTON, VICE PRESIDENT UPPER TRIBUNAL JUDGE GRUBB Between SHEMSI SALA Appellant And THE SECRETARY OF STATE FOR THE HOME DEPARTMENT Respondent Representation: For the Appellant: Mr D O'Callaghan (7 June 2016) and Mr P Bonavero (7 July 2015) instructed by Kilby Jones Solicitors LLP For the Respondent: Ms J Smyth instructed by the Government Legal Department (7 June 2016) and Mr P Deller, Senior Home Office Presenting Officer (7 July 2015) Friend to the Court: Ms S Broadfoot instructed by the Government Legal Department There is no statutory right of appeal against the decision of the Secretary of State not to grant a Residence Card to a person claiming to be an Extended Family Member. DETERMINATION AND REASONS 1.     This appeal raises the issue of whether a person who is refused a residence card as an "extended family member" ("EFM") under the Immigration (EEA) Regulations 2006 (SI 2006/1003 as amended) (the...

Assessing sufficient resources under EU rules

The Immigration (European Economic Area) Regulations 2006 (‘the Regulations’) state that a European Economic Area (EEA) national self-sufficient person or student and their family members must have sufficient resources available so they do not to become a burden on the social assistance system of the UK. When deciding if an EEA national and their family members have sufficient resources you must first check if they exceed the maximum level of resources which a British citizen and their family members can have before they no longer qualify for social assistance under the UK benefit system. If they do exceed the maximum level then you must accept that they have sufficient resources. Call ICS Legal on 0207 237 3388 or e-mail us your enquiry to info@icslegal.com

Robert Goodwill named as new Minister of State for immigration

Robert Goodwill MP was yesterday night named as the new Minister of State for immigration in the Home Office. He succeeds James Brokenshire, who has been appointed as the Northern Ireland secretary. Goodwill is a farmer by trade and has been the Member of Parliament for Scarborough and Whitby since 2005. He had previously been a Member of the European Parliament. He describes himself as a "staunch Eurosceptic", but backed Remain in the EU referendum saying Britain is stronger, safer and better off in Europe and that leaving was fraught with risk. You can read a short piece with Goodwill's views on immigration on his website here. In the March 2015 article, he backed the Government crack down on illegal immigration and the aim to reduce net migration. "As part of our successful long-term economic plan, we are building an efficient and effective immigration system that puts Britain first by clamping down on abuses of the system, making sure the right people are coming here for the right reasons and ensuring the British people get a fair deal," he wrote. In an article from January on Holocaust Memorial Day here, Goodwill encouraged all constituents to mark the day and to "join...