Rights of Appeal Immigration Act 2014

This post relates to appeal rights after the implementation of the Immigration Act 2014.

UK Visa Refusal- Rights of Appeal after Immigration Act 2014

Rights of Appeal Immigration Act 2014

The Rights of appeal can be exercised against the following decisions:

  1. Refusal of a human rights/protection claim and also revocation of protection status as per Part 5 of Nationality, Immigration & Asylum Act 2002;
  2. Refusal of entry clearance and refusal to vary leave to remain, under a few circumstances, where the application was made before the enforcement of the Immigration Act 2014;
  3. Refusals relating to the issuance of an EEA family permit and also a few other EEA decisions – as per Regulation 26 of the Immigration (EEA) Regulations 2006;
  4. Deprivation of Citizenship – u/s 40A of British Nationality Act 1981.

Limited and No Right of Appeal in the UK Visa Refusal Letter

Where there is either a limited or no right of appeal mentioned in the Refusal Letter, it may be possible for an applicant to apply for either an Appeal, Administrative Review or a Judicial Review against a refusal decision if it is an eligible decision and if the applicant deems that there has been a mistake made in the assessment of an application.

Appeals System Prevents Repeat, Late, and Unfounded Claims

The appeals system contains quite a few controls to prevent the abuse of the system. Importantly, there are mechanisms to prevent repeat representations giving rise to either repeatéd appeals, or late claims essentially giving rise to late appeals that might delay removal and deportation, and unfounded claims giving rise to appeals that are aimed at delaying removals.

Appeals Certified u/s 97 and 97 as a National Security Case

In the first instance, Appeals are required to be made to the First Tier Tribunal which may either allow or dismiss an appeal. However, if a case is certified as a national security case u/s 97 and 97A then the appeals are required to be made to the Special Immigration Appeals Commission.

Grounds of Appeal u/s Section 84 of the Immigration Act

The grounds of appeal on which an appeal can be made are set out in Section 84 of the Immigration Act, which provides that an appeal can only be considered for the refusal of the claim made by an applicant.

Nationality, Immigration and Asylum Act 2002

84 Grounds of appeal
(1) An appeal under section 82(1) against an immigration decision must be brought on one or more of the following grounds—
(a) that the decision is not in accordance with immigration rules;
(b) that the decision is unlawful by virtue of section 19B of the Race Relations Act 1976 (c. 74) (discrimination by public authorities) [or Article 20A of the Race Relations (Northern Ireland) Order 1997] ;
(c) that the decision is unlawful under section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Human Rights Convention) as being incompatible with the appellant’s Convention rights;
(d) that the appellant is an EEA national or a member of the family of an EEA national and the decision breaches the appellant’s rights under the Community Treaties in respect of entry to or residence in the United Kingdom;
(e) that the decision is otherwise not in accordance with the law;
(f)that the person taking the decision should have exercised differently a discretion conferred by immigration rules;
(g) that removal of the appellant from the United Kingdom in consequence of the immigration decision would breach the United Kingdom’s obligations under the Refugee Convention or would be unlawful under section 6 of the Human Rights Act 1998 as being incompatible with the appellant’s Convention rights.

(2) In subsection (1)(d) “EEA national” means a national of a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (as it has effect from time to time).

(3) An appeal under section 83 must be brought on the grounds that removal of the appellant from the United Kingdom would breach the United Kingdom’s obligations under the Refugee Convention.

(4) An appeal under section 83A must be brought on the grounds that removal of the appellant from the United Kingdom would breach the United Kingdom’s obligations under the Refugee Convention.

Tribunal can Consider New Matter u/s Section 85

Section 85 sets out the matters a Tribunal may consider. The Tribunal can only consider ‘new matter’, ‘that has not been examined by the Secretary of State (SSHD), and the SSHD has given the Tribunal consent to do so. Moreover, a new matter cannot be raised before the Tribunal unless SSHD has had a chance to consider the new matter.

85 Matters to be considered

(1) An appeal under section 82(1) against a decision shall be treated by [the Tribunal] as including an appeal against any decision in respect of which the appellant has a right of appeal under section 82(1).
(2) If an appellant under section 82(1) makes a statement under section 120, [the Tribunal] shall consider any matter raised in the statement which constitutes a ground of appeal of a kind listed in section 84(1) against the decision appealed against.
(3) Subsection (2) applies to a statement made under section 120 whether the statement was made before or after the appeal was commenced.
(4) On an appeal under section 82(1) [ 83(2) or 83A(2)] against a decision [the Tribunal] may consider evidence about any matter which [it] thinks relevant to the substance of the decision, including evidence which concerns a matter arising after the date of the decision.
(5) But in relation to an appeal under section 82(1) against refusal of entry clearance or refusal of a certificate of entitlement under section 10—
(a) subsection (4) shall not apply, and
(b) [the Tribunal] may consider only the circumstances appertaining at the time of the decision to refuse.

Lodging an Appeal u/s Section 92 of the Immigration Act

Section 92 provides the details relating to where an appeal will take place. Section 92 should be read together with Sections 94 & 94B which relate to certification if an appeal that would otherwise be held in the United Kingdom is required to be lodged after an appellant has left the United Kingdom.

Applicants to Raise an Appealable Right at the Earliest

Section 96 of the Immigration Act provides that where the refusal of a claim would commonly result in a right of appeal and there will be no right of appeal if a claim should have been made earlier. Section 96 of the Act works with Section 120 which makes an ongoing duty on an individual/applicant to raise a new matter with the SSHD as soon as reasonably practicable after it has arisen.

Please also refer: Immigration Rules Part 11: Asylum Guidance

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Challenge Refusal Decisions: Immigration Appeals and Judicial Review

  1. Immigration Appeal UK | Tribunal Decisions | Success Rate 2010-18.
  2. Appeal a UK Visa Decision | UK Immigration Appeal Procedure.
  3. Appeal Against Entry Clearance Refusal.
  4. File Immigration Appeal Against an In-Country Decision.
  5. Appeal Against an In-Country Decision from Outside the UK.
  6. UK Visa Appeal Solicitors | Immigration Appeal Success Rate.
  7. Appeal against First Tier Tribunal Decision.
  8. Judicial Review Procedure Immigration Cases.
  9. TOEIC Test Court Decision | In Country Right of Appeal.
  10. Right of Appeal Human Rights Claim Refusal.
  11. UK Visa Refusal Appeal or Reapply | Reapplying after Rejection.
  12. UK Immigration Appeal Process: Appealing Against UK Visa Refusal.
  13. UK Immigration Grounds of Appeal- Section 84 Immigration Act 2002.
  14. Notice of Appeal UK Visa and Immigration Refusal Decision.
  15. Appeal Against Immigration Decision: Immigration Appeal Solicitor.
  16. UK Visa Refusals: How to Challenge Decisions?.
  17. UK Visa Appeal Tribunal.
  18. UK Visa Judicial Review | How to Remove 10 Year Ban?.
  19. Appeal for UK Family Visit Visa Refusal Abolished on June 25, 2013
  20. Lodging an Immigration Appeal Online | UK Visa Appeal Solicitors.

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UK Visa, Immigration and Appeal Waiting Times:

  1. UK Immigration Appeal Waiting Time 2018 | First Tier Tribunal
  2. UK Priority Visa, Premium Service- How to Fast Track UK Visa?
  3. UK Settlement Visa Processing Time | UK Spouse Visa Timelines
  4. Long-Term Visitor Visa UK | Processing Time, Fee, Refusals
  5. UK Business Visitor Visa Processing Time 2018
  6. UK Tourist Visa Processing Time 2018 | UK Visa Processing Times
  7. UK Visit Visa Processing Time 2018- Family, Tourist, Business
  8. UK Family Visitor Visa Processing Time 2018
  9. UK Visa Appeal Processing Time
  10. UK Visa Delay Reasons- Why UK Visa Getting Delayed 2018?

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UK Visitor Visa, Immigration, ILR, Naturalisation and British Citizenship Fee:

  1. Home Office Fees 2018 | Immigration & Nationality Charges 2018/19
  2. UK Visa Fees 2018 from OUTSIDE the UK | Home Office Fees 2018/19
  3. UK Visa Fast Track Fees 2018/19 | Priority and Premium Visa Fees

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Spouse, Fiancé Visa UK and Marriage Visitor Visa:

  1. Spouse Visa Refusal Reasons UK
  2. Spouse Visa English Requirement
  3. Spouse Visa Accommodation Requirements
  4. Fiancé Visa UK | Requirements of Fiancé Visa in UK
  5. Marriage Visitor Visa UK
  6. Spouse Visa Domestic Violence UK | Set DV Application
  7. Requirements for ILR as a Spouse | Set M Guidance
  8. UK Spouse Visa Extension Requirements 2018 | FLR (M) Guidance
  9. Spouse Visa UK 2018: Entry Clearance Requirements for Spouse
  10. Spouse Settlement Visa UK Grants During 2006-16
  11. Requirements for Leave to Enter the UK as Spouse of a Refugee
  12. Leave to Enter/Remain, ILR in the UK as Spouse of a PBS Migrant
  13. Spouse Visa UK Success Rate | UK Settlement Statistics 2006-16

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