Updates, commentary, training and advice on immigration and asylum law
Appeals provisions of the Immigration Act 2014
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The most devastating aspect of the Immigration Act 2014 (“2014 Act”) is the brutal scything of appeal rights. The Government has triumphantly declared that it has reduced the number of appeal rights from 17 (the number of immigration decisions in s.82 NIAA 2002 as it stands, plus s.83 & 83A appeal rights) to just three.
The headline of the new appellate regime is that there is only going to be a right of appeal against a decision of the Home Office to refuse a protection or human rights claim, or against a decision of the Home Office to revoke a protection status. Every other immigration decision made by the Home Office will not attract a right of appeal, with the remedy in those circumstances being Administrative Review and/or judicial review. As variation decisions are concerned, s.3C of the Immigration Act 1971 will only keep recipients of such decisions lawfully in the UK while they could seek, or are seeking, an Administrative Review.