The Immigration Act 2014 severely restricted the right for an individual refused a visa to seek judicial redress through a statutory right of appeal to an independent judge against the Home Office's decision.
The statutory rights to appeal an immigration decision were removed for the following categories in three stages:
- Tier 4 General applications made on or after 20 October 2014;
- Tiers 1, 2 & 5 applications made on or after 2 March 2015; and
- against any other immigration decision, made on or after 6 April 2015 but not where the application was submitted prior to 6 April 2015, unless the decision to refuse a visa made by the Home Office includes an asylum or human rights decision.
Full statutory immigration appeal rights are preserved for asylum, EEA/EUSS and human rights cases.
At the same time as the above immigration appeal rights were removed, a new legal process of 'Administrative Review' was introduced to enable an applicant refused a visa to request the Home Office to review its initial decision against an immigration decision. It is important to note that the Administrative Review is not conducted by an independent judge, but through a different caseworker who made the initial decision.
An individual who makes an immigration application prior to the expiry of their visa, and the Administrative Review application within the legal time limits, may preserve their immigration status whilst the Review is pending, however they cannot vary their leave into another immigration category.
Preserving an immigration status is important as it can, where relevant enable an individual to continue working whilst the immigration appeal is pending to be heard by the First Tier Tribunal.
It is also important to consider pursuing an Administrative Review application where available, a failure to do so may have negative consequences if an individual then decides to seek Judicial Review of the initial decision at a later time.
It is important to have your case fully assessed and appeal the immigration decision within prescribed time limits with the relevant information where available.
As a full service law firm, RLegal can assist with the preparation of either an Administrative Review, statutory appeal or a Judicial Review application and the presentation of the case before the First Tier Tribunal, (Immigration and Asylum Chamber), (“First Tier IAC”) or the Supreme Court where necessary.
We have over 20 years experience of filing successful UK immigration appeals before the First Tier IAC and higher courts against visa refusals. We will give you a full legal assessment of your case and take the worry out of what can be a very difficult and distressing process.
For more information, please contact us or click on the links below.
