Post
by William Blake » Tue Apr 22, 2008 8:43 pm
Under the Nationality Immigration and Asylum Act 2002, s. 81(1) (as amended), "Where an immigration decision is made in respect of a person he may appeal to an Immigration Judge".
An "Immigration Decision" is defined in the Act under s.82(2):
In this Part "immigration decision" means-
(a) refusal of leave to enter the United Kingdom,
(b) refusal of entry clearance,
(c) refusal of a certificate of entitlement under section 10 of this Act,
(d) refusal to vary a person's leave to enter or remain in the United Kingdom if the result of the refusal is that the person has no leave to enter or remain,
(e) variation of a person's leave to enter or remain in the United Kingdom if when the variation takes effect the person has no leave to enter or remain,
(f) revocation under section 76 of this Act of indefinite leave to enter or remain in the United Kingdom,
(g) a decision that a person is to be removed from the United Kingdom by way of directions under section 10(1)(a), (b) or (c) of the Immigration and Asylum Act 1999 (c. 33) (removal of person unlawfully in United Kingdom),
[amended by the Immigration, Asylum and Nationality Act 2006]
(h) a decision that an illegal entrant is to be removed from the United Kingdom by way of directions under paragraphs 8 to 10 of Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry: removal),
(ha) a decision that a person is to be removed from the United Kingdom by way of directions under section 47 of the Immigration, Asylum and Nationality Act 2006 (removal: persons with statutorily extended leave),
[inserted by the Immigration, Asylum and Nationality Act 2006]
(i) a decision that a person is to be removed from the United Kingdom by way of directions given by virtue of paragraph 10A of that Schedule (family),
(ia) a decision that a person is to be removed from the United Kingdom by way of directions under paragraph 12(2) of Schedule 2 to the Immigration Act 1971 (c. 77) (seamen and aircrews),
[inserted by the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004]
(ib) a decision to make an order under section 2A of that Act (deprivation of right of abode),
[inserted by the Immigration, Asylum and Nationality Act 2006]
(j) a decision to make a deportation order under section 5(1) of that Act, and
(k) refusal to revoke a deportation order under section 5(2) of that Act.
Under the same Act, s.84, an appeal can be made on certain grounds:
(1) An appeal under [02-82] section 82(1) against an immigration decision must be brought on one or more of the following grounds-
(a) that the decision is not in accordance with immigration rules;
(b) that the decision is unlawful by virtue of section 19B of the Race Relations Act 1976 (c. 74) (discrimination by public authorities);
(c) that the decision is unlawful under section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Human Rights Convention) as being incompatible with the appellant's Convention rights;
(d) that the appellant is an EEA national or a member of the family of an EEA national and the decision breaches the appellant's rights under the Community Treaties in respect of entry to or residence in the United Kingdom;
(e) that the decision is otherwise not in accordance with the law;
(f) that the person taking the decision should have exercised differently a discretion conferred by immigration rules;
(g) that removal of the appellant from the United Kingdom in consequence of the immigration decision would breach the United Kingdom's obligations under the Refugee Convention or would be unlawful under section 6 of the Human Rights Act 1998 as being incompatible with the appellant's Convention rights.
So if you have leave you won't be given an appeal but what if you feel the decision violates your human rights? Could one ask for a review and failing a positive outcome ask BIA to grant human rights appeal? Does anyone know?
Every night and every morn
Some to misery are born.
Every morn and every night
Some are born to sweet delight.
Some are born to sweet delight,
Some are born to endless night