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Changes Immigration Appeals

Posted by Admin on January 08, 2016

The rights and grounds of appeal are one of the many areas in Immigration law, affected by the changes that came into force on 6th April 2015 and Appeal rights have been severely restricted for would be appellants under UK Immigration laws.

Section 15 of the Immigration Act 2014 (‘IA 2014’), amended s.82 (rights of appeal) and s.84 (grounds of appeal) of the NIAA 2002.

The significant amendments is that under s. 82(1)(a)(b)(c) a person will now have a right of appeal to the First-tier Tribunal only where the Home Secretary has made one of the following decisions in relation to one of the following grounds in s.84:

  1. The Home Secretary has refused a protection claim
  2. The Home Secretary has refused a human rights claim
  3. The Home Secretary has revoked protection status

 

Appeal rights in EEA cases

Historically, section 84 (1)(e) of the NIAA 2002 Act applied to EEA nationals in respect of making appeals, however following the introduction of the Immigration Act 2014, this provision was ‘removed’.

Thankfully the appeal rights for EEA nationals and their family members are protected through Regulation 26 of the 2006 EEA Regulations (As amended).