this text is from the HSMP Guidnace
25. Appeals
25.1 Q: Can I appeal if my application is unsuccessful?
A: Applications from outside of the UK: there is no right of appeal for unsuccessful entry clearance applicants under Section 88(2)(b) of the Nationality Immigration and Asylum Act 2002. However you do have the ability to ask the HSMP casework team to review an adverse decision in respect of eligibility under the Highly Skilled Migrant Programme. A maximum of two reviews may be requested. To request a review the applicant should complete form HSMP (Rev)
Applications from inside the UK: whether you can appeal depends on your grounds for appealing the decision. If you are seeking to challenge the refusal to approve your application for eligibility under the Highly Skilled Migrant Programme then no right of appeal exists under Section 88(2)(b) of the Nationality Immigration and Asylum (NIA) Act 2002. However if you are appealing the decision on the basis that the decision is not in accordance with the Immigration Rules then there is a right of appeal. This may be heard by an immigration adjudicator in the UK under Section 82(1) of the NIA Act 2002. Irrespective, of whether you have a right of appeal before an immigration adjudicator you still have the ability to ask the HSMP casework team to review an adverse decision. This should be made on an HSMP (Rev) form which can be obtained from the Work Permits UK website at
www.workingintheuk.gov.uk
