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.
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 UK Immigration Tribunal Appeal Process to appeal against a visa or immigration decision UK and covers the details of the following aspects of UK Immigration Appeal Procedure: Immigration Appeal Hearing Process, Appeal’s Directions, Asylum Claim Appeal: Hearing Date, Matters to be Considered in Appeals, Appeal Hearing in the Absence of a Party, Adjournments of Immigration Appeals, Withdrawals of Appeals, Abandoned Appeal Immigration, Appeals Abandoned under EEA Regulations, Appeal Hearings of Dependants, Appeal Determination: First Tier Tribunal Immigration Decisions, Immigration Appeal Decision Time, Immigration Appeal Refusal What Next? Finally Determined Appeals. Once an appeal is filed then the First Tier Tribunal Immigration Appeal Process sets into motion. Depending on the nature of the immigration appeal, empirically, the First Tier Tribunal Immigration Appeal Process Time has been approximately 6-9 months, the average processing time has increased during 2017 from 35 to 51 weeks and the immigration appeal success rate is 50%. The Home Office is normally represented at hearings by either a presenting officer (POs) or sometimes by a case owner (CO) in asylum appeals. However, in some significant cases, counsel is more likely to be instructed. The following legislation allows the tribunal to decide how the appeal hearing will be conducted: Nationality, Immigration & Asylum Act 2002, Asylum & Immigration (Treatment of Claimants etc) Act 2004 and Asylum & Immigration Tribunal (Procedure) Rules 2005.
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 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 British Citizenship Refusal Rate during 2004 to 2016, which indicates that the Refusal Rate was highest in 2005 (9.33%) and lowest in 2013 (3.38%). On an average, during the period (2004-16), the Refusal Rate was 6.18%. During 2016 a total of 162,729 Decisions were made on the British Citizenship Applications submitted for the consideration of Her Majesty’s Home Office. 149,421 Decisions Taken to Grant British Citizenship, as many as 13,308 applications were Refused. Accordingly, during 2016 the British Citizenship Refusal Rate was 8.18%.
This relates to the details of the reasons for the refusal of applications for British Citizenship during 2002-16 in light of the empirical evidence. From 2002 to 2016, cumulatively, 145,974 applications for British Citizenship were refused. British Citizenship Application Refusal Reasons 2002-2016 On a year to year basis, 6,927, 8,976, 12,118, 14,531, 13,610, 14,723, 8,734, 9,902, 7,593,…