Appeal rights

Question 1

Which types of decision give a right of appeal in immigration law?

Answer 1

Under NIAA 2002:
a. Protection claim
b. Revocation of protection status
c. A human rights claim (which includes Appendix FM, Long Residence, and Private Life)

Additional:
d. Revocation of citizenship under BNA 1981 s40A
e. EUSS refusal

Question 2

On what grounds can SSHD certify a claim?

Answer 2

a. Safe country list
b. Clearly unfounded
c. Failure to provide grounds at the time a s120 notice was issued
d. Claim is made for no other reason than to delay removal
e. Appeal relates to a ground raised at an earlier appeal
f. National security grounds (could go to SIAC)

Question 3

If both FTT and UT have refused permission to appeal, then JR can be allowed, but only if:

Answer 3

a. The proposed appeal would raise some important point of principle or practice, or
b. There is some other compelling reason for the court to hear the appeal

R (Cart) v The Upper Tribunal [2011] UKSC 28

Question 4

What approach should be taken by the SSHD when certifying claims as clearly unfounded?

Answer 4

The claim should be assessed at its highest, and certified only if it is bound to fail (e.g., it does not raise a fear of mistreatment that amounts to persecution or breach of Article 3)

Question 5

What is the usual time limit for an appeal from within the UK?

Answer 5

14 days from receipt of decision

NB: If by post, a decision is deemed to be received two days after it is made

Question 6

What is the usual time limit for appeal against a decision made while a person is outside the UK?

Answer 6

28 days from receipt of decision

Question 7

What duties are imposed on people under NIAA 2002 s120?

Answer 7

• They must raise all their grounds for appeal in a statement
• If new grounds arise, they must raise them as soon as they can