This relates to UK immigration appeal success rate and immigration appeal tribunal decisions from 2010 to Q3 2018. Accordingly, the post covers the statistics relating to first-tier tribunal immigration decisions and upper tribunal immigration appeal decisions.
Immigration Appeal Success Rate is 50% during 2017-18
According to official statistics, immigration appeal success rate was 50 per cent during 2017/18, 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.
Asylum Appeals Success Rate during 2013-16
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.
Immigration Appeal Success Rate and Tribunal Decisions 2010-18
According to Official Statistics, from 2010/11 to Q3 2017/18, the total number of first tier tribunal immigration decisions were 580,851. However, during the same period, upper tribunal immigration appeal decided 51,454 immigration appeals. Moreover, the immigration appeal tribunal decisions relate to:
- Managed Migration
- Entry Clearance
- Family Visit Visa
- Deprivation of Citizenship
- Asylum, Protection
- Revocation of Protection
- Human Rights
- EEA Free Movement
However, a number of appeals were turned down during 2010-18. Consequently, the immigration appeal success rate for first tier tribunal immigration decisions is 45.10%. Whereas, the immigration appeal success rate for upper tribunal immigration appeal decisions is 37.70%.
Furthermore, an appellant can file an Appeal against First Tier Tribunal Decision in the UTIAC. Therefore, the immigration appeals decided by UTIAC largely represents the refused immigration appeals in the FTTIAC. Consequently, the UK Visa Appeal Success Rate is approx. close to 48.44% during 2010-18.
Nearly three-quarters of final immigration court appeals brought by the Home Office against rulings allowing asylum seekers and other migrants to stay in the UK are dismissed, according to figures seen by the Guardian.
In the year from April 2017 to March 2018, 11,974 cases were determined in court, with 4,332 of the Home Office’s decisions being overturned.
Of those decisions granting leave to remain, the Home Office then referred 1,235 to the upper tribunal for further appeal, with 900 (73%) rejected by an independent judge, according to a freedom of information response.
First Tier Tribunal Immigration & Asylum Chamber (FTTIAC)
The First-tier Tribunal (Immigration and Asylum) has the jurisdiction to handle appeals against certain decisions made by the Home Office. Accordingly, the decisions mostly relate to entry clearance, deportation and permission to stay in the United Kingdom. Moreover, the First Tier Tribunal also has the jurisdiction to handle matters relating to immigration bail from those persons who are held by the Home Office on immigration matters.
Details of First Tier Tribunal Immigration Decisions
Table 1 provides the details yearly details of receipts, disposals and determinations by First Tier Tribunal Immigration & Asylum Chamber (FTTIAC). From 2010/11 to Q3 2017/18 the total number of receipts and disposals were 732,763 and 773,604, respectively. During the period the First Tier Tribunal Decided 580,851 immigration appeals on oral hearings and on papers.
|Table 1 – First Tier Tribunal Immigration Decisions|
First Tier Tribunal Immigration Decisions by Category
Table 5 provides the details of the immigration appeals by category, which indicates that during 2010-2018 most receipts (235,791), disposals (255,838) and First Tier Tribunal decisions (203,390) relate to Managed Migration.
Moreover, apart from managed migration, the First Tier Tribunal also decides considerable immigration appeals cases relating to Family Visit Visa (127,430), Entry Clearance (100,918) and Asylum, Protection, Revocation of Protection (98,817). Accordingly, since 2015/16 the First Tier Tribunal is in receipt of 611 immigration appeals relating to EEA Free Movement. Probably, the quantum of EEA immigration appeals may increase in future due to Brexit.
|Table 2 – First Tier Tribunal Immigration Decisions by Category from 2010/11 to Q3 2017/18|
|Family Visit Visa||160,728||188,463||127,430|
|Deport and others (Category Discontinues in 2015/16 Note 1)||7,813||7,741||6,743|
|Deportation Appeals (Category Started from 2015/16 Note 2)||1,939||2,388||2,012|
|Deprivation of Citizenship (Category Started from 2015/16)||99||106||90|
|Asylum/Protection/Revocation of Protection (Note 3 & 4)||108,705||110,101||98,817|
|Human Rights (Category Started from 2014/16 Note 3)||61,270||42,277||28,268|
|EEA Free Movement (Category Started from 2015/16 Note 3)||28,751||19,828||13,183|
First Tier Tribunal Immigration Appeal Success Rate
Table 3 provides the details of the First Tier Tribunal Appeals Success and Refusal Rate from 2010/11 to Q3 2017/18. The average immigration appeal success rate is 44.52%. Moreover, on a yearly basis, the immigration appeal refusal rate was lowest at 50.00% in Q 3 2017/18. Table 3 also indicates that perhaps the immigration appeal success rate reached nadir 39.00% in 2015/16.
Upper Tribunal Immigration & Asylum Chamber (UTIAC)
The UTIAC has the responsibility to handle appeals against decisions made by the First-tier Tribunal (Immigration and Asylum) relating to:
- the right to enter or stay in the UK
- asylum applications
- visa applications
Similarly, the upper chamber also handles applications relating to judicial review. However, the judicial review applications usually relate to immigration, asylum and human rights claims.
Upper Tribunal Immigration Appeal Decisions
Table 4 provides the details yearly details of receipts, disposals and determinations by Upper Tribunal Immigration & Asylum Chamber (UTIAC). From 2010/11 to Q3 2017/18 the total number of receipts and disposals were 62,933 and 63,788, respectively. Accordingly, during the period UTIAC determined 51,454 immigration appeals at hearing/papers.
|Table 4 – Upper Tribunal Immigration Appeal Decisions|
Upper Tribunal Immigration Appeal Decisions by Category
Table 5 provides the details of the immigration appeals by category and case type. Moreover, Table 5 indicates that most receipts (27,918), disposals (28,663) and determinations relate to Managed Migration (23,535). Furthermore, Table 5 also indicates that UTAIC determines a considerable number of immigration appeals relating to Family Visit Visa (3,072) and Asylum, Protection, Revocation of Protection (12,713). Accordingly, since 2016/17 UTAIC has received 611 immigration appeals relating to EEA Free Movement. Perhaps, this indicates that the quantum of immigration appeals relating to EEA Free Movement may increase in future due to Brexit.
|Table 5 – Upper Tribunal Immigration Appeal Decisions by Category from 2010/11 to Q3 2017/18|
|Family Visit Visa||3,170||3,357||3,072|
|Deport and others (Category Discontinues in 2015/16 Note 1)||1,710||1,517||1,278|
|Deportation Appeals (Category Started from 2015/16 Note 2)||661||860||615|
|Deprivation of Citizenship (Category Started from 2015/16)||25||20||18|
|Asylum/Protection/Revocation of Protection (Note 3 & 4)||17,171||17,510||12,713|
|Human Rights (Category Started from 2014/16 Note 3)||2,189||1,326||872|
|EEA Free Movement (Note 5)||611||323||250|
Upper Tribunal Immigration Appeal Success Rate
Table 6 provides the details of the Immigration Appeals Success and Refusal Rate from 2010/11 to Q3 2017/18. Accordingly, the average immigration appeal success rate is 37.68%, which indicates that more than one out of three immigration appeals are successful. Moreover, on a yearly basis, the immigration appeal refusal rate was lowest (52.30%) in 2010/11. The Table 6 also indicates that perhaps the immigration appeal success rate reached nadir (29.00%) in 2015/16.
Immigration Appeal Success Rate 2018 | Upper Tribunal
During the first three-quarters of 2017/18, the immigration appeal success rate is hovering the range of 29-31%, which is lower than average success rate 37.68% during 2010-2018.
|Tier 6 – Immigration Appeal Success Rate Upper Tribunal|
Note 1) Includes Deportation and Deprivation of Citizenship appeals up to and including 2014/15. Due to the introduction of the Immigration Act 2014, this category was discontinued in Q1 2015/16
Note 2) Deportation appeal is now for Foreign National Offenders who are EEA nationals only following the introduction of the Immigration Act 2014. 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 Immigration Act 2014.
Note 3) The Immigration Act 2014 removed a number of appeal rights against Home Office and introduced new categories: Protection, Human Rights, EEA Free Movement and Revocation of Protection
Note 4) In addition to Asylum appeals, this column includes appeals relating to Protection and Revocation of Protection which were introduced as part of the Immigration Act 2014
Related Posts on UK Visa and Immigration Appeal and Refusal: Judicial Review Success Rate, UK Immigration Appeal Waiting Time 2018, Human Rights UK Visa, What to do after UK visa refusal?, Refusal Letter UK Visa, TOEIC Test Court Decision: Update for Victims & Affected Students, Lodge Immigration Appeal. UK Immigration Appeal Process, Immigration Appeal Grounds, Right to Appeal. And also file an Appeal Against Entry Clearance Refusal, Appeal against an in-country decision & Removal Appeals, Appeal against First Tier Tribunal Decision.
Moreover, for challenging immigration decisions refer UK Visa Appeal Solicitors to Challenge Immigration Refusals, Judicial Review Procedure Immigration UK, Judicial Review to Challenge UK Visa Refusal & Ban