Commencement of ‘No In-Country Right of Appeal’

Following from my earlier article on the Immigration Act 2016, it has now been confirmed that Section 63 of the Immigration Act 2016 will come into force on the 1st of December 2016. The new law states that ALL immigration appeals will have to now be made from out of the country. There will be no in country appeals.

Synopsis

The Immigration Act 2014 had introduced this rule but it had only previously applied to those with criminal convictions. The out of country appeal rule now applies to everyone whose application is rejected; this appeal must be made after you have returned to your country of origin as of the 1st of December 2016.

Exempted 

  • If you have already had your application rejected and are pending an appeal hearing, please note that this new rule does not apply to you.
  • Also, there may be a restricted number of cases where you still have an in-country right of appeal when the Home Office feels that there will be ‘irreversible damage’. I recently published an article analysing the exceptions that will be classed as ‘irreversible damage’, see here.
  • This does not ‘yet’ apply to EU applications although amendments to curtail appeal rights for EU applications are in the pipeline. More of this in the forthcoming article.

Put on notice!

This is a warning to all UK Immigration lawyers to up their game when they are preparing their immigration applications for their clients and for potential applicants to please think carefully and chose your immigration solicitor wisely as you may not have a second chance.

Given that without an in-country right of appeal your chances of appeal under human rights  significantly reduces after a prolonged period, it would only be prudent to make sure that all immigration applications are properly prepared to give you the best fighting chance from the start. Alternatives to out-of-country rights of appeal such as judicial review will price out a lot of people as the fees can be colossal.

How can Cross Border Legal assist you?

Cross Border Legal are UK Immigration solicitors with expertise in Immigration and Human Rights Law.

Cross Border Legal are UK immigration lawyers who are able to assist you with your visa application from within the UK or abroad

Our UK Immigration Solicitor deals with UK Immigration and EU law

Cross Border Legal are UK Immigration solicitors who are willing to work on complex immigration matters relating to your application

At Cross Border Legal, our Immigration Solicitor offers Skype consultations for your immigration matters

Cross Border Legal UK Immigration Solicitors are able to assist you with your UK immigration matter

If you have been affected by  any  UK immigration matter, please contact Solicitor  Tito, a UK immigration and human rights solicitor, for a free initial consultation about your legal options.Call 07544 669131/01163800744 or on Skype: tito.mbariti.