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Appeal & Judicial Review

At present in the UK there are rights of appeal against the following decisions:

  1. Refusal of Human Rights Protection claims and revocation of protection status.
  2. Refusal of a Visa and refusal to vary leave to remain in some situations where the application was made before the Immigration Act 2014 was in force
  3. Refusal to issue European Economic Area Family permits as well as certain other EA decisions where appeal rights are in Regulation 36 of the Immigration (European Economic Area) Regulations 2016
  4. Deprivation of British citizenship where section 40A of the British Nationality Act 1981 applies

Where there is no right of appeal it may be possible for a person to apply for Administrative Review of a refusal of an application if it can be proven that a case working error has occurred. If a case is lost in the First Tier Tribunal one is able to make a case as to why a decision was legally wrong, for example if the Tribunal did not apply the correct law, or wrongly interpreted the law, or did not follow the correct procedure, or had no evidence or not enough evidence to support its decision. The applicant must ask the First Tier Tribunal for permission to appeal to the Upper Tribunal. The deadline to ask the Upper Tribunal for permission to appeal is 14 days after the date of the decision if you are inside the UK, and one month after the date of the decision if you are outside the UK.

What is the difference between an appeal and a judicial review

In a Judicial Review we challenge the way in which the decision has been made, whether the decision or the conclusion reached is correct. It is not really concerned with the conclusion of the process as long as the procedures have been followed. The High Court will not substitute what it thinks is the correct decision. It means that the Home Office will be able to make the same decision again, so long as it is done lawfully. If you want to argue the decision itself is incorrect, you should choose to appeal if you can, as Judicial Review may not be the best way for you.

 

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