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© Pathfynder Limited 2018. Pathfynder Solicitors is a trading name of Pathfynder Limited, a company registered in England and Wales with company registration number 10170947. The registered address is King House, 5-11 Westbourne Grove, London, W2 4UA. Authorised and regulated by the Solicitors Regulation Authority, SRA No. 629672.


Appeals to the Immigration Tribunal - 1 Sep 2016

Immigration appealAn appeal to an Immigration Tribunal is available in limited circumstances to challenge a decision taken by UKVI to refuse a visa application.

Unlike an Administrative Review, an appeal is heard by an Immigration Judge who is independent of both parties and impartial. As such, it is usually the preferred method of challenging a decision taken by UKVI. However, since the amendments contained within the Immigration Act 2014 were brought into force an appeal is now only available in the following circumstances:

- A decision to refuse a protection claim;

- A decision to refuse a human rights claim;

- A decision to revoke a person’s protection status;

- A decision to refuse certain applications made by EEA nationals and their family members under the Free Movement Regulations; and

- A decision to deprive a person of British citizenship.

Meaning of protection claim

A protection claim is where an individual claims that their removal from the UK would breach the UK’s obligations under the Refugee Convention or would breach the UK’s obligations in relation to someone who is eligible for the grant of humanitarian protection.

Meaning of human rights claim

The term ‘human rights claim’ is defined in section 113 of the Nationality, Immigration and Asylum Act 2002 as a claim made by a person to the Secretary of State that to remove them from the UK would be unlawful under the Human Rights Act 1998.

In practice, what this means is that there isn’t an exhaustive list of the types of applications that will be considered as a human rights claim for the purposes of determining whether an appeal to the Immigration Tribunal arises. However, applications made under the following categories are generally considered by UKVI to be human rights claims, although there are exceptions:

- Long residence;

- Private life;

- Partner or child of a member of HM Forces;

- Partner or child of a member HM Forces where the sponsor is a foreign or Commonwealth member of HM Forces and has at least four years’ reckonable service;

- Partner or child of a member of HM Forces where the sponsor is a British citizen or has at least four years’ reckonable service;

some applications under the old family member visa categories;

- Most applications under the new family member visa categories excluding applications relating to bereavement and domestic violence;

asylum; and

- Applications made outside the rules on forms FLR(O) or SET(O) which raise human rights issues.

Meaning of protection status

Protection status is where a person has been granted leave to enter or remain in the UK as a refugee or as a personal eligible for a grant of humanitarian protection.

If you would like to discuss your options following an immigration decision, please feel free to contact us.

Please note that this article is for information only and should not be taken as legal and/or financial advice. Immigration law changes regularly and it may be the case that this page has not been updated to take into account the latest changes. If you would like advice on your personal circumstances, please feel free to contact us.