Immigration Corner | How can I appeal against an immigration decision?

Dear Mr Bassie,

I would like to know under what circumstances can an appeal against an immigration decision be made.

UJ

Dear UJ,

Persons can appeal against a visa or immigration decision. They can appeal to the First-tier Tribunal (Immigration and Asylum Chamber) if the Home Office has decided to:

· Refuse a protection claim (also known as ‘asylum claim’ or ‘humanitarian protection’);

· Revoke protection status;

· Refuse a human-rights claim;

· Refuse a residence document or deport under the Immigration (European Economic Area) Regulations 2016;

· Revoke British citizenship;

· Refuse or revoke a person’s status, vary the length or condition of stay, or deport under the EU Settlement Scheme;

· Refuse or revoke a travel permit or family permit under the EU Settlement Scheme, or restrict rights to enter or leave the UK under those permits;

· Refuse or revoke a permit, or deport if he/she is a frontier worker;

· Refuse or revoke persons leave, or deport them if they are an S2 healthcare visitor.

The tribunal is independent of government. A judge will listen to both sides of the argument before making a decision. If persons do not have the right to appeal, they might be able to ask the Home Office for an administrative review.

how to appeal

How persons appeal depends on whether they are applying for themselves or if they are a legal professional appealing on behalf of a client.

A solicitor or an immigration adviser for most cases must appeal online using the MyHMCTS service. They will need to create an account first if they do not have one. They must only appeal using a paper form if their client is in detention or has been refused settled or pre-settled status under the EU Settlement Scheme.

persons who are appealing for themselves

Persons without a solicitor or immigration adviser should find out how to appeal from:

· within the UK - online

· outside the UK - online.

There is a different way to appeal if persons made an application before April 6, 2015.

Persons can receive help and advice from a solicitor or an immigration adviser. They can also contact Citizens Advice. Persons should read the ves if they are not going to have a legal representative. They may be able to get asylum support (such as housing and money) if they have been refused asylum.

Persons should contact the tribunal if they have any questions about their appeal. It should be noted that the tribunal cannot give legal advice.

First-tier Tribunal (Immigration and Asylum Chamber)

customer.service@justice.gov.uk.

Telephone: 0300 123 1711 Monday to Friday, 8:30 a.m. to 5 p.m.

Find out about call charges. It should be noted that the tribunal cannot give legal advice.

urgent appeal applications

If a person needs to apply for an urgent appeal, they will need to write to the tribunal with:

· The reason why their case should be heard urgently;

· Evidence of compelling or compassionate grounds, for example, letters from a doctor or hospital.

They should write ‘expedite requests’ on the top of any documents they send with their application.

A judge will review the evidence and decide whether the application should be heard sooner than usual.

Persons should be aware that their applications will only be reviewed if they have paid the tribunal fee (if they need to pay one).

where to send the application

Persons should send the reasons for the urgent appeal and evidence to the tribunal:

‘Expedite Requests’

The First-tier Tribunal Office of the Duty Judge,

First-tier Tribunal (Immigration and Asylum Chamber)

P.O. Box 6987 Leicester LE1 6ZX

Please remember to contact the tribunal to check if the application has been received.

‘Expedite Requests’

The First-Tier Tribunal

customer.service@justice.gov.uk.

Fax: 0870 739 5895

I hope this helps.

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, deputy global president of the Chartered Institute of Arbitrators and a member of the Immigration Law Practitioners Association (U.K.). Email: lawbassie@yahoo.com