Immigration Appeals - Updated Procedure

• Published date: 09 June 2021
• Subject Matter: Immigration, General Immigration
• Law Firm: Richmond Chambers
• Author: Ms Alexandra Pease

In our earlier post in our Knowledge Centre, we examined Immigration Appeals and the Covid-19 Pandemic. The article can be accessed here.

On 11 June 2020, Presidential Practice Statement No 2 of 2020: Arrangements during the Covid-19 pandemic was published, revoking Practice Statement No 1. From then, all immigration appeals to the First-tier Tribunal had to be started using the reformed online procedure accessed through MyHMCTS, unless it was not reasonably practicable to do so.

New Presidential Practice Statement

The new Presidential Practice Statement (PPS) came into effect on Monday 26 April 2021. This replaces Presidential Practice Statement Note No.2 of 2020. This now widens the scope and makes it mandatory to use MyHMCTS to lodge immigration appeals for those represented who are appealing from outside of the UK. All immigration appeals must be started using the online procedure unless it is 'not reasonably practicable to do so'.

If arguing that it is not reasonably practicable an Appellant must explain why this is so and if the Tribunal agrees, the Appellant can proceed without using MyHMCTS.

For those who are bringing linked immigration appeals at the same time and in the same circumstances and there are common issues, it is now possible to use the MyHMCTS system. The Appellant will be expected to provide the relevant reference number or numbers of those linked appeals.

It is not necessary or appropriate to start an immigration appeal through MyHMCTS for those appealing on the following basis.

• An appeal under the Immigration (Citizens' Rights Appeal) (EU Exit) Regulations 2020);
• Anyone unrepresented (not represented by a qualified person within the meaning of section 84 of the Immgration and Asylum Act 1999;
• Anyone in detention.

The matter is simplified as it is considered not reasonably practicable in those circumstances to commence an immigration appeal using My HMCTS.

There remains a note at the end of the statement:

*Note: Increased functionality of MyHMCTS has been brought forward to facilitate an increased number of appeals being brought by that method to enable remote engagement. However, some aspects of the system have not yet been completed, which explains why not all appeal types can be brought in this way. Further there will be occasions when parties may still need to communicate with the Tribunal from time to time by email or other online means as directed.

What Is MyHMCTS?

MyHMCTS is an online case management system for legal...