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Immigration Appeal Rights - The Wrecking Ball is Back

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Changes to immigration laws took effect on Monday 2 March, spelling the end of Tribunal appeal rights for Points-Based System migrants who made an application on or after that date. Tier 4 students have already been moved to a system of “administrative review” for any applications submitted on or after 20 October 2014. The review system will now also apply to new applicants under Tiers 1, 2 and 5.

From 6 April 2015, Tribunal appeal rights for most other migration routes will end, with administrative review becoming the formal route through which to deal with Home Office errors.

The survivors among the rubble will be those who have made an application under refugee or human rights law: a few people with irregular status may actually find that they have a right of appeal to the Tribunal where none existed before, but the overall effect of the changes is to remove independent oversight of immigration decision-making by the Home Office in most cases.

The option to apply for Judicial Review remains, but this can of course be a time-consuming and expensive process, with the added litigation risk of the losing party being ordered to pay legal costs.

If you have made an immigration application which has been refused, contact Kitty Falls or Laura Spencer to find out more about your options and how we can help you with your case.