UK Immigration & Nationality Lawyers

New Restrictions on Immigration Appeals from 1 December 2016

From 1st December 2016 the right to challenge a decision in country will be controlled by administrative decision makers who will have a new power to certify removal of the immigrant as lawful under section 6 of the Human Rights Act and remove the appellant from the UK without waiting for the outcome of the appeal. At present only applications involving aspects of family life in the UK and applications for leave to remain on the basis of long residence are associated with appeal rights. From now on, in country right of appeal will be granted only in those cases where there is a risk of serious irreversible harm if the person is removed before the appeal.

Reform of immigration tribunals: court fees will soar from £140 to £800 per appellant

The government has published a consultation paper proposing to raise tribunal fees in the First tier immigration Tribunals from the present £140 to £800 per appellant for an oral hearing, or from £80 to £490 per appellant for paper considerations. Appeals in the Upper Tribunal, until now not charged separately, are proposed to incur a fee of £455 for an application for permission at the first stage, further £350 for applications for permission at the second stage, and further £510 for an appeal hearing where permission is granted (£1315 in total).

Human Rights in Immigration Appeals: new provisions in force from 28 July 2014

Immigration Act 2014 has amended Nationality Immigration and Asylum Act 2002 introducing a new section “Article 8 ECHR: Public Interest Considerations”. This part of the Act applies where a court or tribunal dealing with an immigration appeal is required to determine whether the decision of the immigration authorities breaches the individual’s right to respect for private and family life under Article 8 ECHR.

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