This relates to UK Immigration Appeal Tribunal Decisions and provides the details of First Tier Tribunal Immigration Decisions and Upper Tribunal Immigration Appeal Decisions from Feb 2010 to Q3 2017/18 relating to Managed Migration, Entry Clearance, Family Visit Visa, Deportation Appeals, Deprivation of Citizenship, Asylum, Protection, Revocation of Protection, EEA Free Movement. According to Official Statistics, from 2010/11 to Q3 2017/18, the First Tier Tribunal Immigration & Asylum Chamber (FTTIAC) determined 580,851 immigration at hearing/papers. During the same period i.e. from 2010/11 to Q3 2017/18, the Upper Tribunal Immigration & Asylum Chamber (UTIAC) determined 51,454 immigration at hearing/papers. During 2010-18, the UK Immigration Appeal Success Rate for FTTIAC and UTIAC was 45.10% and 37.70% as approx. 318,868 and 32,056 immigration appeals were refused by the First Tier Tribunal and Upper Chamber, respectively.
According to Official Statistics, since Nov 2013, 42,705 Immigration Judicial Review Cases have been determined by (UTIAC). Since a great majority of the cases are settled on ‘paper’ in favour of claimants, therefore, only 8,885 and 679 cases went through Oral or Substantive Hearing, respectively, from 2013/14 to Q3 2017/18. In total 52,269 Judicial Review Applications were determined on paper, oral or substantive hearing.
The immigration judicial review success rate during 2017/18 has remained as high as 29% and 38% for oral and substantive hearing, respectively; whereas, the ratio of case totally without merit has remained as low as 10.03%. As per procedure, unsuccessful cases at the Oral Hearing are requested for Substantive Hearing, therefore, the judicial review success rate after the determination on papers is as high as 32.20%.
During January to March 2018, the UK Immigration Appeal Waiting Time 2018 from the receipt of an appeal to the hearing in the First-tier Tribunal (Immigration and Asylum Chamber) has been 37 weeks i.e. approx 9-10 months.
The immigration appeal processing time UK has improved in the first quarter of 2018 as the average waiting time has reduced from 45 weeks in 2017 to 37 weeks. This is due to the reduction in the caseload, which has nearly halved from 64,800 to 36,300 during June 2016 and March 2018 and further improvement is expected in the coming months.
According to the official statistics, the average visa appeal waiting time during 2015/16 and 2016/17 has been 34 and 46 weeks, respectively. Therefore, there have been 12 weeks increase in the average appeal waiting time in 2016/17.
This relates to appeal to the first-tier tribunal against a decision of an entry clearance officer for an appealable decision where the Notice of Appeal is served with the Refusal Letter such as Spouse Visa Refusal, EEA, Human Rights and Asylum Claim from outside the UK. For challenging immigration decisions with either no right or limit right of appeal, 10-year ban please refer Judicial Review UK Visa Refusal. The post provides the details of Grounds of Appeal and Supporting Documents required for lodging an appeal against a decision of an Entry Clearance Officer (ECO) using either IAFT-2 or IAFT-6 Appeal Form. Like appeals against an In-Country Decision and appeal against non-ECO decision, immigration appeal against entry clearance refusal can be lodged online; however, it is expedient to discuss with specialist immigration appeal solicitor before lodging an appeal so as to maximize the chances of success. An Appeal against Refusal Entry Clearance UK can be filed by using either IAFT-2 or IAFT-6 Appeal Form for exercising a right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber) against an entry clearance refusal decision for applications made before and after April 6, 2015, respectively.
The post provides the details of Grounds of Appeal and Supporting Documents required for lodging an in-country appeal using either IAFT-1 or IAFT-5 Appeal Form and IAFT-5(DIA) for filing detention appeals. Like appeals against refusal entry clearance UK and appeal against non-ECO decision, immigration appeal against an in-country decision can be lodged online; however, it is expedient to discuss with specialist immigration appeal solicitor for maximizing the chances of success. Form IAFT-1 and IAFT-5 are used for exercising a suspensive right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber) against an In-Country Decision for applications made before and after April 6, 2015, respectively.
This relates to Appeal against an In-Country Decision when appealed outside of the UK. The post provides the details of Grounds of Appeal and Supporting Documents required for lodging an appeal against non-ECO decision i.e. Removal Directions, Bail Notices or Deportation Order, from outside of the UK using either IAFT-3 or IAFT-7 Appeal Form. Like appeals against refusal entry clearance UK and in-country appeals, appeal against in-country decision from outside the UK can be lodged online; however, it is expedient to discuss with specialist immigration appeal solicitor for maximizing the chances of success. Form IAFT-3 and IAFT-7 are used for exercising a non-suspensive right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber) for filing an appeal against an In-Country Decision from outside the UK for applications made before and after April 6, 2015, respectively.
If a UK Visa Application is refused, then one can either challenge the refusal decision or reapply with the requisite supporting evidence. The Immigration Act 2014 has a significant impact on the right of appeal if an application is refused. The applicant may have no right of appeal or the appeal rights may be limited, therefore, it is advised that applicants may consult with a specialist UK immigration solicitor before making a decision. Depending on the type of application, one can challenge the refusal decision through an immigration appeal, administrative review and judicial review. For details relating to rights of appeal please refer: Rights of Appeal Immigration Act 2014 If UK visa application is refused with no right to appeal then one can opt for Judicial Review, especially for UK immigration 10-year ban.
This relates to UK Spouse Visa Refusal Reasons in the light of spouse/partner visa requirements stated in Appendix FM to the Immigration Rules and related legislation. A “partner” is defined in paragraph GEN.1.2. of Appendix FM as the applicant’s spouse, civil partner, fiancé(e) or proposed civil partner, or a person who has been living together with the applicant in a relationship akin to a marriage or civil partnership for at least two years prior to the date of application. The post covers most common refusal reasons due to an inability of an applicant to fulfil suitability, relationship, English language, accommodation and financial requirements for entry clearance and leave to remain applications as a spouse/partner of a UK sponsor/spouse. There are many common reasons for UK spouse visa refusal such as the inability of an application to prove he/she comes within the definition of spouse/partner, which is the basis of a spouse/partner visa application. Similarly, refusal reasons relate to the immigration status of partner, age, degree of relationship, genuine and subsisting relationship, the validity of a marriage or civil partnership, the previous relationship, intention to live together permanently in the UK, immigration status of the applicant for extension applications, inability of an applicant to meet financial requirement, adequate maintenance and accommodation, and English language requirement. Moreover, a spouse visa application can also be refused due to suitability and general grounds such as applicant is not conducive to the public good, a refusal on basis of a deportation order, criminality, conduct, character and associations, false representation and failure to disclose material facts, current partner is not the same as at the last grant of leave.
This relates to appeal against First Tier Tribunal Decision. It is mandatory that an appellant must apply to the First-tier Tribunal (Immigration and Asylum Chamber) for permission to appeal before making an application or appeal to the Upper Tribunal. If the permission is granted by First Tier Tribunal then an appeal can be lodged with the Upper Tribunal (Immigration and Asylum Chamber); however, if permission is not granted by the First Tier Tribunal then an appellant is required to make an application to the Upper Tribunal for permission to lodge an appeal. Form IAFT-4 is used for applying to the first-tier tribunal for permission to appeal to the upper tribunal. An appellant is required to enclose any documents relating to error(s) of law in the Tribunal’s Decision on which he/she is relying and can send it by post, facsimile or email. If the First-tier Tribunal either refuses permission or gives permission to appeal on limited grounds after submitted IAFT-4 then one can apply to the Upper Tribunal for a permission to appeal. Application form for permission to appeal to the upper tribunal is IAUT-1 Form. There is no fee to apply for permission to appeal to the Upper Tribunal Immigration and Asylum Chamber, which is required to be lodged within 14 and One (1) month after receipt of a written decision for appeal against an in-country decision and outside the UK, respectively.
This relates to Spouse Visa English Requirement in the light of Appendix FM for Family Members of the Immigration Rules. For the initial 30 months application as a spouse/partner of UK Sponsor an applicant needs to demonstrate a minimum English Language proficiency level of A1 and for subsequent 30 months leave to remain application the required level of English Language is A2 of the Common European Framework of Reference for Languages (CEFR). The requirement attracts a number of exemptions relating to age, disability, exceptional circumstances. Moreover, a National of Majority English Speaking Country and an applicant who has a degree taught in English are also exempt from spouse visa English Test requirement.