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Appeals to the Immigration Tribunal -
An 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:
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:
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.