The Increasing Complexity Of Immigration Tribunal Appeals

UK immigration appeals are complex and confusing. It was made even more challenging to appeal after the Immigration Act (IA) 2014 was passed.

Basically, there are two different regimes currently for the appeals. The stricter laws have further limited the right to appeal on the immigration decisions.

The current and future applicants must understand the changes and procedures to ensure they’re going at it the right way. Here, we briefly cover some basic aspects of filing the appeals.

Which immigration laws are applicable to your case?

With the new immigration act, the rights to appeal have been reduced. These changes have been made across immigration categories, phased over in a number of months.

All applicants who filed for visa under Points Based System application before the cut-off date for their particular category will be covered by the Nationality, Immigration and Asylum Act (NIAA) 2002. For those who applied later, IA 2014 regime will limit their rights according to what’s granted in the act.

Do you need to appeal?

Most applicants confuse rejected applications with visa refusals. The two are not the same.

If the submitted application is deemed invalid, the Home Office will reject it. This is often the case if you submit incomplete applications or a relevant document is not correctly submitted.

You can resubmit a rejected application, but the new application must be filed before your current leave to remain in the UK expires. Only if the application is refused, you’ll have to

Grounds for appeal under section 84 NIAA 2002

You can appeal if:

• The decision isn’t in accordance with the immigration rules
• The decision isn’t in accordance with the existing laws, that is, established policy was not followed
• Deportation will breach the government’s obligations under section 6 of the human rights Act 1998 or the 1951 UN Refugee Convention

Grounds for appeal under Immigration Act 2014

Appellant must show that:

• Removal from the UK is contrary to their rights, applicable under the European Convention of human rights 1998
• Removal from the UK is contrary to the Refugee Convention

Procedure for appeals

Appeals must be filed with the tribunal within 14 days after receiving the decision. If you’re supposed to be detained in a fast track manner, you must file the appeal within 2 working days.

In first-tier Tribunals, appeals can be decided orally or on paper. The former is favourable as you will have the opportunity to answer questions and respond to queries.

Submitting a complete application is your best bet. It will save you both time and cost. We have some of the best immigration lawyers in London to assist you in applying for a UK Residence Card or visa. Get in touch with us today for UK immigration.