This relates to UK Immigration Appeals and provides the information relating to UK Visa Appeal Processing Time 2017 and Immigration Appeal Success Rate.
UK Immigration Appeals and Judicial Review
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.
UK Appeal Processing Time 2016-17
During 2016-17 the average duration of an immigration appeal in the First-tier Tribunal (Immigration and Asylum Chamber) increased to 51 weeks i.e. one year, from 35 weeks i.e. 8 months, during 2015-2016 due to the focus of the Tribunal to reduce outstanding caseload and to clear older cases during June 2016 and Dec 2017. Accordingly, the outstanding caseload reduced significantly during the aforesaid period from 64,800 to 35,100 immigration appeals. Therefore, once the backlog of pending immigration appeals is reduced then it is expected that the appeal processing time may be reduced.
Immigration Appeal Success Rate
According to official statistics, immigration appeal success rate was 50 per cent during the corresponding period, which is quite encouraging for those who intend to challenge refusal decision, especially spouse visa refusal from outside the UK. An interesting comparison of the immigration appeal success rate is with the success rate for Tier 1 Entrepreneur, Tier 2 Work and Tier 4 Student Administrative Review, which is less than 20% as it is a peer group review. However, a subsequent Judicial Review can be more effective after an unsuccessful administrative review.
Since nearly half of the appeal cases are successful, therefore, the increase in the gestation time from 35 to 51 weeks means that many applicants are forced to wait and “put their life on hold” even though they have a right to be in the UK. The increase in immigration appeal waiting times comes in spite of a reduction in the number of fresh appeals lodged, which has plummeted from 25,000 in 2014 to 7,000 in 2017.
Asylum Appeals Success Rate
According to a research conducted relating to 36,000 asylum appeals heard from Jan 2013 to Sept 2016, the success rates of asylum appeals varied from highs of 47% at Taylor House and 44% at Newport to lows of 24% at Harmondsworth and Belfast and 21% at Yarl’s Wood.
The full breakdown of the success rate and the number of appeals at each hearing centre is: Belfast 24% Success Rate, 292 Cases Birmingham 34% 4,177 Bradford 41% 2,903 Glasgow 28% 1,979 Harmondsworth 24% 1,196 Hatton Cross 40% 6,414 Hendon 39% 72 Manchester 34% 4,428 Newport 44% 3,083 North Shields 30% 1,848 Nottingham 39% 140 Richmond 43% 299 Stoke 36% 1,923 Taylor House 47% 7,488 Yarl’s Wood 21% 125.
The lack of a legal representative was found to be a key factor for the variance in success rates.
The average time taken to clear an immigration appeal in the First-tier Tribunal (Immigration and Asylum Chamber) in 2016-2017 was 51 weeks. The average time taken to clear a case in 2015-2016 was 35 weeks.
The average clearance time, which is measured from receipt of an appeal to its conclusion, went up between 2015-16 and 2016-17 because of the Tribunal significantly reducing its outstanding caseload and clearing older cases during that period. Outstanding caseload has now reduced from 64,800 in June 2016 to 35,100 at the end of December 2017.
Immigration includes Managed Migration, Entry Clearance Officer, Human Rights, EEA Free Movement Family Visit Visa, Deportation and Deprivation of Citizenship Appeals.