Today, we will focus on its provisions and impact as regards Appeals; mores specifically loss of appeal rights.
One of the biggest impacts of the Act will be the removal of rights of appeal to the First-tier Tribunal (Immigration and Asylum Chamber), which will bring the type of decisions that can be appealed from 17 to a mere 4. From now on, appeals to this independent Immigration Tribunal will only be possible against decisions to refuse claims for asylum or human rights protection.
This means that there will no longer be a right of appeal for other fundamental errors, for example when those deciding the outcome of an application have relied on the wrong law, applied the wrong Immigration Rules, or ignored part of the evidence. This will also be the case for refusals based on administrative errors on either side. This is a fundamental change and important to notice for employers and HR functions in general, and those who process Tier 2 visas in-house in particular.
In the absence of a right of appeal to the Tribunal, the only option will be to request an internal administrative review under a new procedure being set up by the Home Office. The administrative review is essentially a request that asks the Home Office to look at its decision again. If the Home Office does not change its decision following the administrative review, then the only route of challenge will be a Judicial Review in the High Court. This is and will be both costly and time consuming.
If you have any questions or would like to discuss aiding with your in-house Visa applications and immigration processes, please get in touch with us on 020 7494 0118 or 01224 826 573.
