Changes to the Immigration Appeals, do you know what rights you have?

Immigration appeals process has changed and the last changes were applied on the 30th of November 2020. We know that the Immigration Act 2014 have changed the entire immigration appeals process and appeals can only be challenged in limited grounds, these includes human rights grounds, leave to enter or remain applications, or if this infringes your rights under EEA laws as well as British Nationality Act.

The new scheme introduced to replace the free movement rights whereby the settlement scheme only brings about a right to complete an administrative review of the decision, however experience tells us that does not really resolve the issue because the matter goes back to the Home Office.  However there are other legal avenues you can use to challenge decisions. 

We know that given the limited rights of immigration appeal, it opens the door to the judicial review process and ICS Legal can advise on the merits of this. There is a combination of issues where a person has their application refused and unfortunately, there are some wrongful advice given by Lawyers when conducting an application. You can read more about the cases we have dealt here, by clicking here. 

You also need to understand that on all UK immigration appeals; there is a difference to new matters and matters in consideration. New matters can only be considered by an Immigration Judge if the SSHD have been given permission. This is to ensure that an applicant does not provide evidences and information post the date of application and must give the SSHD to review the matter prior an immigration appeal. 

Under Section 82 of the Nationality, Immigration and Asylum Act 2002 a person may appeal to the Tribunal where a decision has been made to either refuse a protection claim, refuse a human rights claim or revoke protection status. 

Human rights application and immigration appeal rights

When making an application, the Home Office will consider the impact it would have to your human rights, either family or your private life. For example, if you have applied for a work visa, then this would impact your private life however usually you would be given a right to do an administrative review. 

Where you applied under the family route to settlement, then this would attract protection under human rights grounds and the Home Office must consider the impact the application will have the right to your family life.  

Relevant Case Laws

The case of Charles (human rights appeal: scope) [2018] UKUT 89 (IAC), is a relevant matter when it comes to an immigration appeal and refers to the decision made by the Upper Tribunal in respect to not allowing an immigration appeal only the grounds of not being accordance to the law. The Immigration Act 2014 does not permit an appeal to be allowed on that basis. 

This case law supersedes the decision in Greenwood (No.2) [2015] UKUT 629 (IAC). The Immigration Judge will consider whether the decision is in line with the human rights grounds and can allow the appeal under the correct grounds that is permitted by the Immigration Act 2014.

Unfortunately, we do seem some decisions made by an Immigration Judge putting either the immigration rules or not in accordance to the law, attracting the Home Office to correctly challenge the decision.

In any case, this is done and decided by the Home Office Appeals Time. Upper Tribunal in Katsonga ("Slip Rule"; FtT's general powers) [2016] UKUT 228 (IAC) case is also superseded by the Charles case law. 

Section 92 of the Nationality, Immigration and Asylum Act 2002

The new policy sets out how an immigration appeal can be brought by a person, who have been given a refusal or have been asked to leave the UK through removal or deportation. In most of the immigration appeals, you can appeal against the decision from the UK but where your either outside of the UK or claim have been certified, then an appeal would have to be brought once you have left the UK. 

Taking advice from ICS Legal on UK Immigration Appeals

We at ICS Legal will provide guidance and correct advice on UK visa refusals, removal or deportation. We know that when an application is refused or being asked to leave the UK, you want to understand the best options.

As a UK regulated firm since 2006, we have the experience and knowledge to help on the immigration, nationality, human rights or EEA law. You can speak to one of our UK Immigration Lawyers on 0207 237 3388 or you can email us at info@icslegal.com. 

Author: ICS Legal

Last Updated: 14 December, 2020 | 06:07:38 PM