ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

What is Section 82(1) of Nationality Imigration and Asylum..

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

Locked
Summer05
Newly Registered
Posts: 11
Joined: Sun Aug 17, 2008 6:06 pm
Location: London

What is Section 82(1) of Nationality Imigration and Asylum..

Post by Summer05 » Wed Sep 10, 2008 1:17 pm

Dear All

can someone tell me what does section 82(1) of nationality, immigration and asylum act2002 refer to?

My mother wass given a refusal notice which states you have a right of appeal under section 82(1) of.....

Any help would be very much appreciated.

Kind regards

vinny
Moderator
Posts: 33327
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Wed Sep 10, 2008 11:38 pm

[quote="82 Right of appeal: general"](1) Where an immigration decision is made in respect of a person he may appeal to an adjudicator.
(2) In this Part “immigration decisionâ€
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

tasha75
Member of Standing
Posts: 257
Joined: Fri Aug 18, 2006 11:04 am

Re: What is Section 82(1) of Nationality Imigration and Asyl

Post by tasha75 » Wed Sep 10, 2008 11:39 pm

I don't know how much it will help you, but this is what I've found (googled up). Perhaps someone will come and explain it in a plain English.
[quote]
Grounds of appeal:

(1) An appeal under 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.

(2) In subsection (1)(d) “EEA nationalâ€
Do not live your life in fear.

jei2
Member of Standing
Posts: 419
Joined: Thu Feb 14, 2008 12:49 pm
Location: London

Post by jei2 » Thu Sep 11, 2008 11:04 am

What was the reason for refusal?
Oh, the drama...!

Locked