Immigration Tribunal Appeals: A Practical Guide (1)

• Published date: 08 June 2021
• Subject Matter: Government, Public Sector, Immigration, Human Rights, General Immigration, Work Visas
• Law Firm: Richmond Chambers
• Author: Ms Alexandra Pease and Alex Papasotiriou

We recently examined immigration appeals in the context of the new digital MyHMCTS system and in the context of the Covid-19 Pandemic. This is the first of four posts that considers what happens if your visa or immigration application is refused and you wish to appeal the refusal decision.

The factors and considerations below cannot be considered an exhaustive list. The approach to an immigration appeal will depend on the individual facts and circumstances. There are many practical considerations. You may need to seek specialist legal advice as the presentation of an immigration appeal will be different depending on the issues and available evidence.

What Immigration Decisions Can You Appeal Against?

You can appeal to the Tribunal if a decision is made to:

• refuse a protection claim;
• revoke protection status;
• refuse a human rights claim (this would include decisions to refuse to extend a spouse visa or refuse an adult dependent relative visa);
• refuse to issue a residence document, or remove a person under the Immigration (European Economic Area) Regulations 2016 (where saving provisions apply);
• deprive a person of their British citizenship;
• refuse leave to enter or remain, or refuse indefinite leave to enter or remain where limited leave is granted following an application made under the EU Settlement Scheme;
• vary the length or conditions of leave to enter or remain cancel leave to enter or remain or revoke indefinite leave to enter or remain granted under the EU Settlement Scheme;
• refuse, cancel or revoke entry clearance under the EU Settlement Scheme Family Permit;
• refuse leave to enter where there is entry clearance under the EU Settlement Scheme Family Permit;
• cancel or vary leave to enter acquired by virtue of having entered the UK with entry clearance under the EU Settlement Scheme Family Permit;
• make a deportation order in respect of a person who has leave to enter or remain under the EU Settlement Scheme or entry clearance under Appendix EU: Family Permit;
• refuse or revoke a frontier worker permit, or remove or deport a frontier worker;
• refuse or revoke leave to enter or remain as an S2 healthcare visitor, or remove or deport an S2 healthcare visitor.

In some instances, usually where there is no right of appeal, you may have a right of administrative review. It is sometimes possible to appeal, even where the Home Office asserts you do not have a right to do so, but you will need to argue jurisdiction before the Tribunal. Examples may include a...