13th August 2014
Can you appeal an immigration decision?
An immigration decision is appealable depending on whether you have the right to appeal.
Many types of immigration decisions no longer have such a right and can only be subjected to an administrative review of the decision without the ability to add or submit new evidence. Examples of such categories are student tier 4 applications and family visit visas. You will also not have a right of appeal, if you have made an application at a time when you had no leave to be in the UK, also known as being an over stayer.
The new Immigration Act 2014 further introduced very drastic new measures.
Firstly, since the 28th of July 2014, deportation decisions for foreign nationals no longer have an in country right of appeal if the SSHD certify the case. The SSHD will certify the case if she is of the view that there will not be any irreversible harm to the appellant being removed first before his appeal will be heard in the UK. The interpretation of irreversible harm is suggested to have a very strict meaning such as making a temporary breach of family life not to be considered as irreversible harm. Your only course of action and redress against this, will be to consider lodging a Judicial Review against the certification.
The SSHD is also planning to bring into operation with a commence date expected for the start of autumn, doing away with most appeal rights for most cases. The only cases not affected by these changes, will be cases where a breach of Human Rights will take place by the removal, where asylum has been claimed or the SSHD has decided to revoke protection status.
The new Act limits grounds of appeal to 1. a breach of the Refugee Convention 2. a breach a persons’ eligibility for Humanitarian Protection or 3. a breach of section 6 of the Human Rights Act of 1998.
With the abolition of all these appeal rights, the only course of action if you have no right of appeal, will be to ask for an administrative review, subject to strict process and procedure, time limits and based on the evidence already submitted, with no new evidence allowed.
Taking all of the above into account, it is advisable to from the start make an application correctly and submit all the required evidence to avoid being caught in these circumstances. To get advice and maximize your changes of success, call one of our immigration solicitors who will be able to assist you.