The Immigration appeal system in the UK provides migrants full access to justice in order to challenge the Immigation decisions made by the Home Office in certain eligible categories.There are two Tribunals which hear the appeals, First Tier Tribunal and the Upper Tribunal. The First Tier Tribunal hears decisions made by the Home Office. The Upper tribunal hears decisions made by the First Tier Tribunal. An Immigration judge, or panel, will decide whether the appeal is successful or not and the decision will be confirmed in writing.
The UK Government has severely curtailed appeal rights for migrants applying for entry clearance or leave to remain mainly those applying under Points Based System (PBS) and replaced it with the Administrative Review. The appeal rights under PBS have been removed, except in situations where it breaches the applicant’s human rights.
Eligible Decisions for Appeal
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Frequently Asked Questions
The case is important for foreign citizens residing in the UK who committed serious crimes as it determines whether Human Rights considerations, particularly Article 3 apply in deportation cases.
The key change is that, if an application is likely to be refused, then a ‘Minded to Refuse notification’ letter will need to be sent to the applicant.