UK immigration solicitors for challenging visa refusals and ban!

UK Visa Appeal Solicitors to Challenge Immigration RefusalsThis guidance provides an overview of how best UK immigration specialist solicitors and lawyers can expertly help challenge all types of entry clearance, leave to remain and ILR visa refusal decisions and 1, 2, 5 and 10-years re-entry and deception ban. As a matter of fact, after the full implementation of the Immigration Act 2014 in April 2015, there has been a notable transformation in the rights of appeals. Therefore, in the post-April 2015 regime, it is important to know: how to challenge a  refusal decision with no or limited right of appeal by way of an administrative review, judicial review and reconsideration. Accordingly, the post covers the following topics:

  1. Implications of the Immigration Act 2014 on rights of appeal
  2. Appeal rights and how specialist UK immigration solicitors can help challenge refusals in the post-2015 regime?
  3. When specialist UK immigration solicitors can help challenge a refusal by way of a reconsideration review?
  4. How specialist UK immigration solicitors can help PBS applicants to file an administrative review?
  5. How specialist UK immigration solicitors can challenge refusals and bans by way of judicial review?

Moreover, for case processing and representation, you may contact specialist UK visa immigration solicitors London.

1) Implications of the Immigration Act 2014 on rights of appeal

Perhaps, for most of the applicants, the meaning of challenging a refusal decision is to file an appeal against the refusal. However, in the post-2015 regime, the right of appeal is only available in a few instances. Therefore, it is important to understand the implications of the Immigration Act 2014 on the rights of appeal, especially after its full implementation in April 2015. In fact, after knowing the changes in the appeal rights, the applicants might appreciate the efficacy of other legal recourse available for challenging a refusal decision.

The 2014 Act has removed a number of appeal rights

Apparently, the introduction of the Immigration Act 2014 has removed a number of appeal rights against the Home Office decisions. Perhaps, refused applicants can now only appeal by first asserting a fundamental right to enter or remain in the UK. In fact, these rights are Protection claim, Removal of Refugee Status, Human Rights, or the European Free Movement.

Phasing out the appeal rights for PBS applicants

Quite clearly, the removal of appeal rights under the 2014 Act has been phased. Perhaps, initially focusing on leave to remain applications made and refused in the UK under the Home Office’s points-based system (PBS).

Removal of associated appeal rights in Oct 2014 for PBS

Accordingly, in October 2014, refusals for points-based (PBS) applications from students and dependents had their associated appeal rights removed. Moreover, the Home Office also removed the appeal rights for non-European Foreign National Offenders.

Extending the scope of Immigration Act in March 2015

Furthermore, in March 2015, the scope of the Immigration Act was extended to include the remaining points-based (PBS) decisions made in the UK.

Full implementation of the 2014 Act in April 2015

Finally, in April 2015, the Home Office implemented the Immigration Act 2014 in full for the decisions made both inside and outside the UK.

Perhaps, due to the phasing in of the new appeal rights under the 2014 Act and the additional steps introduced in some cases before a decision with an appeal right is given, the receipt of Post-Act cases from the points-based (PBS) decisions was slower than anticipated. However, after since the full implementation of the 2014 Act, the majority of appeals result from refusals where these fundamental rights have been raised and considered as part of the initial application, allowing them to enter the appeal process more quickly.

Administrative review in lieu of appeal right for PBS applicants

However, where appeal rights were removed and the applicant asserts the Home Office has made an error in its decision, there is now a right to an Administrative Review to challenge the refusal decision. Therefore, in the post-April 2015 regime, the specialist UK visa and immigration solicitors can help you challenge a PBS application by way of an administrative review. However, even after the full implementation of Immigration Act 2014 in April 2015, the specialist UK visa immigration solicitors can help applicants challenge the following types of refusal decisions by way of an appeal:

  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 the British Nationality Act 1981

So, what to do in case of a limited and no right of appeal?

Quite clearly, if there is a limited or no right of appeal mentioned in the refusal letter then specialist UK immigration solicitors may help challenge a refusal decision by way of reconsideration, appeal (if at all possible on human rights grounds), administrative or a judicial review, especially if there are mistakes in the assessment process.

2) How best UK immigration solicitors can help in visa appeals?

Certainly, the UK specialists solicitors can help challenge a refusal decision relating to permission to stay in the UK, deportation from the UK and entry clearance to the UK by lodging an appeal. However, please note that the Immigration Act 2014 removed a number of appeal rights against the Home Office. And in fact introduced three new appeal categories: Protection (Revocation of Protection), Human Rights, EEA Free Movement.

Perhaps, it is quite pertinent to take an overview of all the major appeal categories, in the light of immigration statistics. before and after the implementation of the 2014 Act i.e.

  1. Managed migration appeals (have plummeted as largely replaced by AR since 2014/15)
  2. Entry clearance appeals (now, mainly considered as Human Rights appeals)
  3. Family visit visa appeals are almost nil (the only available alternative is JR)
  4. Deport and other appeals (now, deportation and deprivation of citizenship)
  5. Deportation Appeals (new category from 2015/16)
  6. Deprivation of citizenship appeals (new category from 2015/16)
  7. Asylum, protection and revocation of protection appeals
  8. Human Rights Appeals
  9. EEA Free Movement Appeals (new category from 2015/16)

1) Managed migration appeals have plummeted after 2015/16

As a matter of fact, empirically, the managed migration appeals are generated by people already in the UK who have been refused permission to extend their stay either permanently or temporarily. Additionally, the managed migration appeals also cover occasions where an individual has his/her permission to be in the UK revoked.

The number of managed migration appeals per year

Perhaps, the full implementation of the 2014 Act in April 2015 has greatly affected the right of appeal for applicants, who are likely to file managed migration appeals. Therefore, the number of managed migration appeals have dwindled after 2015/16. In fact, during 2007-2016, the number of managed migration appeals received by the First-Tier Tribunal hovers in the range of 23-59K per year. However, after the implementation of the Immigration Act 2014, the number of managed migration appeals has reduced to only 974, 245 and 125 in FY 2016/17, 2017/18 and 2018/19, respectively.

So, how best UK visa and immigration solicitors can help?

Quite clearly, in the post-2015 scenario, only in a very limited number of circumstances, the specialist UK immigration solicitors and barristers may assist in lodging an appeal relating to managed migration. However, the expert UK visa and immigration solicitors and lawyers after reviewing the refusal decision and circumstances of an applicant can help in challenging the refusal by reconsideration, administrative or judicial review. And if possible then may even consider lodging a human rights appeal against an in-country decision. For further information please also refer to TOEIC test victims.

 
Receipts of Managed Migration Appeals by
FY First Tier Tribunal Upper Tribunal
2007/08 23,306 0
2008/09 24,552 0
2009/10 44,548 0
2010/11 40,090 3,815
2011/12 33,005 3,991
2012/13 30,486 3,158
2013/14 59,286 3,751
2014/15 47,905 5,259
2015/16 23,862 4,267
2016/17 974 2,551
2017/18 245 1,320
2018/19 125 295

2) Entry clearance appeals are almost closed

Perhaps, the entry clearance appeals are commonly known as appeals against the Entry Clearance Officer (ECO) refusal decisions. Therefore, these types of appeals are generated by people who are not already in the UK but have been refused permission to enter or stay in the UK for a fixed period of time or live in the UK permanently.

The number of entry clearance (ECO) appeals per year

Quite clearly, in the post-2015 regime, there is no scope for entry clearance appeals, except for appeals on human rights grounds for spouse and family settlement applicants. Apparently, during FY 2008/09, the First-Tier Tribunal received as many as 98K appeals against an Entry Clearance Officer (ECO) refusal decision. Perhaps, these entry clearance appeals were not only relating to family settlement but also included all and sundry entry clearance refusal decisions.

However, from 2009/10 onwards the number of entry clearance appeals started dwindling. Perhaps, mainly due to the introduction of the points-based system (PBS) (with no right of appeal) in 2008. And accordingly, the PBS replaced a number of sundry work and immigration routes with a right of appeal from 2008 onwards. Nevertheless, after the implementation of the 2014 Act, the number of entry clearance appeals have nearly come to a nought i.e. 71, 8 and 3 appeals in FY 2016/17, 2017/18 and 2018/19, respectively.

So, how best UK visa and appeals solicitors can help?

Quite clearly, in the post-2015 scenario, there is in no scope for an entry clearance appeals except for spouse and family settlement appeals on human rights grounds. However, the specialist UK immigration lawyers after reviewing the refusal decision and circumstances of an applicant can help in challenging the refusal by administrative or judicial review. And if possible then may even consider lodging a human rights appeal against an entry clearance decision.

 
Receipts of Entry Clearance Appeals by
FY First Tier Tribunal Upper Tribunal
2007/08 76,927
2008/09 98,304
2009/10 39,783
2010/11 34,746 1,627
2011/12 25,854 2,217
2012/13 26,500 1,185
2013/14 18,348 1,469
2014/15 18,271 1,440
2015/16 3,870 840
2016/17 71 584
2017/18 8 134
2018/19 3 32

3) Family visit visa appeals are almost nil

In fact, family visit visa appeals were against decisions relating to temporary visitors to see their family in the UK. Perhaps, even prior to the 2014 Act, there had been changes to UK family visit visa appeal rights.

Narrowing the definition of a family visitor

Apparently, the first restrictive measure was the introduction of the Immigration Appeals (Family Visitor) Regulations 2012 which came into force on 9 July 2012. Certainly, the aforesaid regulation greatly restricted the right of appeal to a narrower definition of a family visitor. And had a visible impact on reducing the number of family visitor visa appeals lodged afterwards. Evidently, in 2010/11 and 2011/12, approx 53K and 49K family visitor visa appeals filed with the First-Tier Tribunal. However, in 2012/13 only 33K family visa appeals lodged.

Removing the full right of appeal

Secondly, the Crime and Courts Act 2013 removed the full right of appeal for family visitors. And this change came into effect for new visa applicants on 25 June 2013. However, a limited right of appeal still remained on Human Rights or Race Discrimination grounds. Accordingly, this legislation further decreased the number of family visitor visa appeals. And in 2013/14 and 2014/15 only 14K and 8K family visitor visa appeals filed.

According to the Home Office statement dated 25 June 2013, the UK family visitor visa applicants used the right of appeal to submit further information to support their claim. However, since an appeal takes more time and money, therefore, in a number of cases it is better for the family visitor visa applicant to file a properly documented application. And accordingly may reapply after a refusal as many times as they like!.

The post-2015 regime for UK visitor visa applicants

However, in the post-2015 regime, there is no right of appeal or administrative review for any types of visitor visa applicants. Therefore, only 1,047 and 6 family visitor visa appeal filed in 2015/16 and 2016/17, respectively. However, afterwards, in FY 2017/18 and 2018/19, no family visitor visa appeal was filed with the First Tier Tribunal.

So, how best UK visitor visa solicitors and lawyers can help?

Perhaps, it is quite obvious that in the post-2015 regime a family visitor visa refusal can’t be challenged by way of an appeal. However, unlike PBS applications, there is no option of filing an administrative review. Additionally, the scope of the reconsideration review is only limited to a few types of in-country applications. Therefore, best UK visitor visa solicitors and lawyers can help challenge a visitor visa refusal by filing an immigration judicial review against the decisions and 10-years deception ban!

 
Receipts of Family Visit Visa Appeals by
FY First Tier Tribunal Upper Tribunal
2007/08 71,492
2008/09 71,129
2009/10 68,722
2010/11 53,482 720
2011/12 49,353 768
2012/13 33,960 523
2013/14 14,665 464
2014/15 8,215 355
2015/16 1,047 164
2016/17 6 151
2017/18 28
2018/19 1

4) Deport and other appeals (closed)

In fact, this category included Human Rights appeals up to and including 2009/10, Deportation and Deprivation of Citizenship appeals up to and including 2014/15. However, in the post-2015 regime, this category is discontinued after FY 2014/15.

 
Receipts of Deport and Other Appeals by
FY First Tier Tribunal Upper Tribunal
2007/08 473 0
2008/09 471 0
2009/10 1,128 0
2010/11 1,040 183
2011/12 813 227
2012/13 1,844 203
2013/14 2,485 473
2014/15 1,631 624

5) Best UK immigration solicitors for Deportation Appeals

Apparently, these appeals are against deportation orders made against people by the Home Secretary. However, deportation appeal is now for Foreign National Offenders who are EEA nationals only following the introduction of the Immigration Act 2014. In fact, the Foreign National Offenders who are not EEA nationals can only now lodge appeals against deportation orders using one of the new appeals rights introduced by the 2014 Act.

Therefore, if you have been unlawfully deported from the UK, then the specialist UK visa and appeals solicitors might help you by challenging an immigration deportation order.

 
Receipts of Deportation Appeals by
FY First Tier Tribunal Upper Tribunal
2015/16 689 388
2016/17 666 151
2017/18 801 156
2018/19 758 157

6) Deprivation of citizenship appeals is a new category

Quite clearly, the deprivation of citizenship appeals up to and including 2014/15 included in Deport and Others appeals. However, since 2015/16 the Deprivation of citizenship appeals has been categorized separately.

Moreover, even after the implementation of the 2014 Act, appeal rights under European law such as the deprivation of Citizenship and some Deportation appeal rights have remained unaffected.

 
Receipts of Deprivation Appeals by
Financial Year First Tier Tribunal Upper Tribunal
2015/16 39 2
2016/17 46 17
2017/18 26 9
2018/19 91 18

7) Asylum, protection and revocation of protection appeals

Perhaps, the asylum appeals against a refusal to grant asylum include asylum claims which raise Human Rights grounds. Moreover, in the post-2015, this category also includes appeals relating to protection claim and revocation of protection appeals. Quite clearly, the number of asylum appeals filed per year has remained quite consistent in the pre and post-2015 period.

 
Receipts of Asylum, Protection and Revocation of Protection Appeals
Financial Year First Tier Tribunal Upper Tribunal
2007/08 12,485
2008/09 11,435
2009/10 18,468
2010/11 16,746 2,620
2011/12 13,346 2,428
2012/13 11,133 2,155
2013/14 10,212 1,555
2014/15 15,581 1,524
2015/16 15,978 2,285
2016/17 14,794 2,167
2017/18 15,166 3,271
2018/19 13,057 2,453

8) Best UK immigration solicitors for Human Rights appeals

Quite indeed, following the implementation of the Human Rights Act 1998 a separate Human Rights Appeal category was introduced in the Tribunal in 2001. Perhaps, to allow the consideration of Human Rights arguments for cases where those grounds were not considered at the original human rights appeal. In fact, since then, a range of in-country case types raising Human Rights grounds has been recorded under this category when they would have been more appropriately recorded against another case type.

Therefore, the Tribunal has made a recent change to its administrative processes to record such cases more suitably, which explains the drop in numbers in the Human Rights (Other) appeal category in 2017/18.

 
Receipts of Human Rights Appeals
FY First Tier Tribunal Upper Tribunal
2014/15 24 388
2015/16 23,463 24
2016/17 23,887 499
2017/18 20,099 2,469
2018/19 23,222 3,408

So, what is deemed as a Human Rights application?

For human rights applications made under the Immigration Rules, the starting position is that there is a right of appeal against refusal. However, if paragraph 353 (further submissions) applies and the further submissions do not amount to a fresh claim or where the claim is certified under section 96 then there will be no right of appeal. Moreover, if the application is certified under section 94 or 94B then the applicant has no right of appeal until the applicant has left the UK.

Implications of Section 3C of the Immigration Act 1971

In fact, an applicant can make a human rights applications even if he/she has a leave to remain in the UK under section 3C of the Immigration Act 1971 as a consequence of an ongoing appeal against the refusal of another application. Perhaps, no other applications under the rules other than the following types of applications can be made where the applicant has 3C leave. However, if an applicant withdraws the appeal then he/she will no longer be prevented from making any other application under the rules. Moreover, the applicant may make an application once the appeal rights are exhausted.

Types of Human Rights applications from inside the UK

In fact, the following claims made under the Immigration Rules are normally considered as human rights applications. And usually, attract a full right of appeal against refusal.

  1. Appendix FM (family members), but not section BPILR (bereavement) or section DVILR (domestic violence)
  2. Family Members under Part 8 of Immigration Rules where the sponsor is present and settled in the UK or has refugee or humanitarian protection in the UK, not paragraphs 319AA to 319J (points-based system (PBS) dependents), paragraphs 284, 287, 295D or 295G (sponsor granted settlement as a PBS Migrant)
  3. Long Residence (276B)
  4. Private Life {276ADE(1) or 276DE}
  5. Asylum under Part 11 of Immigration Rules
  6. Partner or Child of a Member of HM Forces under Part 4 or Part 7 of Appendix Armed Forces, and paragraphs 276U, 276AA, 276AD, and 276AG

So, how specialist UK immigration solicitors can help?

Quite clearly, in the post-2015 scenario, the aforesaid types of entry clearance and leave to remain applications (such as UK spouse and settlement visa applications) are fought on human rights grounds. Therefore, the best UK immigration and family settlement solicitors after reviewing the refusal decision and circumstances of an applicant can help in challenging a refusal decision, for instance relating to UK spouse visa entry clearance application, by lodging an appeal on human rights grounds.

9) Best UK immigration solicitors for EEA free movement appeals!

Perhaps, the post-2015 regime introduced EEA Free Movement Appeals against a decision under the EEA Regulations (2006 or 2016) relating to:

How many EEA Free Movements appeals are made per year?

Evidently, in 2015/16, the First-Tier Tribunal received 7.9K EEA Free Movement appeals. And in 2016/17, 2017/18 and 2018/19, the tribunal received 13K, 8.9K and 6.5K EEA Free Movement appeals, respectively.

So, how best UK immigration solicitors can help EEA nationals?

Quite clearly, in the post-2015 scenario, as per Regulation 36(1) the specialist UK immigration solicitors may help a person, served with an EEA decision with a right of appeal, by lodging EEA free movement appeal against that decision to the First-tier Tribunal. Moreover, in the light of the refusal decision and circumstances of the applicants, the best UK visa and immigration expert solicitors may do the needful to demonstrate the reason(s) that the EEA decision was wrong.

 
Receipts of EEA Free Movement Appeals
FY First Tier Tribunal Upper Tribunal
2015/16 7,972
2016/17 13,995 156
2017/18 8,995 877
2018/19 6,582 912

3) UK visa and immigration solicitors for reconsideration review

Apparently, a reconsideration review has limited usability. However, at times it may prove effective. Therefore, the specialist UK visa and immigration solicitors London can help challenge the following types of decisions made in the UK by way of a reconsideration review:

  1. further, limited or indefinite leave to remain such as spouse visa ILR
  2. transfer of conditions (TOC)
  3. no time limit (NTL)

Perhaps, a reconsideration is usually about a refusal decision. However, a reconsideration by the Home Office may also be about certain aspect of approval. For instance, the period of leave granted.

The legal background of the reconsideration review

In fact, the Home Office is not legally bound to reconsider a decision made on an application for leave to remain such a spouse visa extension. Therefore, when an applicant has a right of appeal or administrative review, the correct method is to lodge an appeal or administrative review. However, there are limited circumstances where a reconsideration request may be submitted – as explained in the next paragraph. Additionally, applicants refused without a right of appeal or administrative review can either:

  • seek a judicial review of the decision, if they have grounds
  • make a fresh application for limited or indefinite leave to remain, if they believe they can show they meet the requirements of the route under which they are applying
  • in the case of refused TOC or NTL applications, submit a fresh application which addresses the reasons why the original application was refused

So, when the UK visa and immigration solicitors can help?

Therefore, the specialist UK visa and immigration lawyers usually help in filing a reconsideration review if:

  1. there is no right of appeal or administrative review against the decision
  2. the reconsideration request relates to a granted application with no right of administrative review. And the applicant believes the type of leave granted or the expiry date of the leave is incorrect
  3. the reconsideration request relates to a refused application and the applicant is:
    • providing new evidence to prove the date of application
    • providing new evidence that documents submitted with the application are genuine
    • identifying relevant material which was not available to the caseworker but was received by the Home Office before the decision date
  4. the reconsideration is a legacy request submitted before 13 November 2012. And there are still reasons to reconsider the decision

4) UK visa and immigration solicitors for administrative review

Furthermore, in terms of Appendix AR of the Immigration Rules, specialist UK visa and immigration solicitors and lawyers can help challenge the following types of in-country, at the border and overseas refusal decisions by way of an administrative review:

Administrative review against in-country refusal decisions

Apparently, the specialist UK immigration solicitors can challenge the following types of in-country refusal decisions by way of an administrative review:

  1. Tier 4 applications made on or after 20 October 2014 by either a main applicant or dependant
  2. Tiers 1, 2 or 5 applications made on or after 2 March 2015 by either a main applicant or dependant, including indefinite leave to remain (ILR) applications under those routes
  3. any in-country application (except for visitor, protection or human rights claim applications), where the decision was made on or after 6 April

Decisions to cancel leave to enter or remain at the border

Perhaps, the best UK immigration solicitors and barristers can help challenge decisions relating to cancellation of leave to enter or remain at the border due to change of circumstances, false representations and failure to disclose material facts. And also decisions to cancel leave to enter or remain under paragraphs V9.2 or V9.4 of Appendix V of the Immigration Rules.

Administrative review against overseas decisions

Moreover, the specialist UK immigration solicitors and lawyers can help challenge all types of entry clearance refusal decision by way of an administrative except for the refusal decision relating to:

So, how the specialist solicitors can help PBS applicants?

Quite certainly, the specialist UK visa and immigration solicitors can help challenge the following types of PBS entry clearance, leave to remain and ILR applications refusal decisions by way of an administrative review:

  1. Tier 1 Exceptional talent, Tier 1 General, EntrepreneurInvestor, Graduate entrepreneur, Dependent partners and children
  2. PBS Tier 2 General, Intra-Company Transfer, Ministers of Religion, Sportsperson, Dependent partners and children
  3. Tier 4 adult and child students, dependent partners and children
  4. Tier 5 Youth Mobility Scheme, Temporary Worker, Dependent partners and children

Furthermore, in the post-2015 regime, the best UK immigration solicitors and barristers may not only help in challenging a PBS refusal decision by way of an administrative but if necessary then may proceed to file a judicial review against the refusal with no or limited right of appeal. Moreover, the specialist UK visa and appeal solicitors and lawyers might also help in case of an administrative review relating to the period or conditions of leave granted.

5) Best UK visa and immigration solicitors for Judicial Review

Finally, an immigration judicial review is an effective remedy against most of the refusal decision with no or limited right of appeal. Perhaps, especially after exhausting all the other available options i.e. reapplication, reconsideration and administrative review. Accordingly, the specialists UK visa and immigration solicitors can make a substantive application for a judicial review against a leave to enter or remain refusal decision under the following Acts and legislations:

  1. Immigration Act 1971
  2. Immigration Act 1988
  3. Asylum and Immigration Appeals Act 1993
  4. Asylum and Immigration Act 1996
  5. Immigration and Asylum Act 1999
  6. Nationality, Immigration and Asylum Act 2002
  7. Asylum and Immigration (Treatment of Claimants, etc.) Act 2004
  8. Immigration, Asylum and Nationality Act 2006
  9. UK Borders Act 2007
  10. Immigration Act 2014
  11. Immigration Act 2016

Judicial review against the decision of First Tier Tribunal

Moreover, the best UK immigration specialist solicitors and barristers can also make a substantive application for a judicial review against a decision of the First-tier Tribunal, for which no appeal lies to the Upper Tribunal.

Best UK immigration solicitors for challenging decisions

Furthermore, the specialists UK visa and immigration solicitors can also help challenge the following immigration-related decisions in an Administrative Court:

  1. the validity of primary or subordinate legislation (or of immigration rules)
  2. the lawfulness of detention
  3. a decision concerning inclusion on the register of licensed Sponsors maintained by the UKBA
  4. a decision which determines British citizenship
  5. the decision of the Upper Tribunal
  6. a decision relating to asylum support or accommodation
  7. a decision of the Special Immigration Appeals Commission
  8. an application for a declaration of incompatibility under the s.4 of the Human
    Rights Act 1998; and
  9. a decision which is certified (or otherwise stated in writing) to have been taken by the Secretary of State wholly or partly in reliance on information which it is considered should not be made public in the interests of national security

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Moreover, to know the country-specific details of UK visa applications please refer to Egypt, Ghana, India, Iraq, Jordan, Lebanon, Nigeria, Pakistan, Philippines, Russia, Turkey and USA.