Appeals & Judicial Review in the UK
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Rights of Appeal
In the UK, there are specific rights to appeal certain immigration decisions:
1. Human Rights Protection Claims:
- Refusal of claims : for human rights protection or revocation of protection status.
2. Visa and Leave to Remain Decisions:
- Refusal of visa : applications and refusal to vary leave to remain in cases where the application was made before the Immigration Act 2014.
3. EEA Family Permits:
- Refusal of European Economic Area (EEA) Family Permits : and certain other EEA decisions where appeal rights are provided under Regulation 36 of the Immigration (European Economic Area) Regulations 2016.
4. Deprivation of British Citizenship:
- Deprivation of British citizenship : under section 40A of the British Nationality Act 1981.
If no right of appeal is available, you might be able to request an Administrative Review to address case working errors. If an appeal is unsuccessful at the First-Tier Tribunal, it may be possible to challenge the decision on grounds that it was legally incorrect.
Deadlines for Appeal:
- Inside the UK: 14 days from the date of the decision.
- Outside the UK: One month from the date of the decision.
Appeals to the First-Tier Tribunal
- The First-Tier Tribunal hears appeals against various Home Office decisions, including those related to:
- Permission to stay in the UK.
- Deportation.
- Entry clearance.
- Immigration bail applications.
Process:
- Decisions are typically communicated in writing after the hearing.
- If the appeal is dismissed, you can seek permission to appeal to the Upper Tribunal by demonstrating that the First-Tier Tribunal made a legal error.
- You cannot appeal just because of disagreement with facts; you must show a legal mistake that impacted the case outcome.
Application for Permission to Appeal:
- Form: Form IAFT1 for permission to appeal to the Upper Tribunal.
- Deadline: 14 days from the date of the written decision if in the UK; 28 days if outside the UK.
Upper Tribunal Decisions
- The Upper Tribunal deals with appeals against decisions made by the First-Tier Tribunal. It also handles judicial reviews of Home Office decisions.
Process:
- You must first apply for permission to appeal using Form IAFT4.
- If permission is granted, the Upper Tribunal may:
- Make an immediate decision if an error of law is found.
- Arrange a hearing to consider new evidence or documents.
- Send the case back to the First-Tier Tribunal for reconsideration.
- Issue directions to avoid repeating legal errors.
Appealing Upper Tribunal Decisions:
If an appeal is refused at the Upper Tribunal, you can apply to the Court of Appeal for permission to appeal.
Forms for Appeals:
- Human Rights Claim Refusal : Form IAFT6
- Human Rights/Protection Refusal (post-departure): Form IAFT7
- EEA Deportation Decision: Form IAFT5
- EEA Family Permit Refusal: Form IAFT6
- You can request either a paper or oral hearing. The cost is £80 for a paper hearing and £140 for an oral hearing. Payment can be made online or included with the appeal form.
Judicial Review
- Definition : Judicial Review is a court process to assess the lawfulness of a decision or action by a public body, including the Home Office. It is not a way to substitute the court’s decision for that of the public body but to review whether the decision was made legally and fairly.
Grounds for Judicial Review:
- Illegality: The decision-maker had no power or exceeded their powers.
- Irrationality: The decision is so unreasonable that it is considered “perverse.”
- Unfairness: The decision-making process was conducted unfairly, such as not providing a fair hearing.
When to Apply:
- Only when no other remedy is available.
- It is a review of the process rather than the decision itself.
Process:
- Application: You must show that there was an error in how the decision was made.
- Outcome: If successful, the court may require the decision-maker to reconsider the decision following legal guidelines.
For expert assistance at any stage of the appeal or judicial review process, it is advisable to consult with immigration solicitors or legal advisers who specialize in these areas.
