Challenging Points-Based System refusals by way of appeal
Produced in partnership with Colin Yeo of Garden Court Chambers
Challenging Points-Based System refusals by way of appeal

The following Immigration guidance note Produced in partnership with Colin Yeo of Garden Court Chambers provides comprehensive and up to date legal information covering:

  • Challenging Points-Based System refusals by way of appeal
  • Right of appeal
  • Limits on evidence on appeal
  • Principal arguments available

There are now two concurrent sets of appeals regimes relating to rights of appeal from decisions affecting immigration status. This is due to a phased implementation of relevant provisions in the Immigration Act 2014 (IA 2014). The concurrent regimes both originate from the same provisions of the Nationality Immigration and Asylum Act 2002 but operate differently for different groups of migrants, depending on whether or not the relevant IA 2014 amendments have come into force. All Points-Based System (PBS) categories are now affected. The new regime currently applies to persons who made applications for leave to remain on or after 20 October 2014 as a Tier 4 migrant, and their dependants; and to persons who made applications for leave to remain on or after 2 March 2015 as a Tier 1, 2 or 5 migrant, and their dependants. Such persons will no longer have a right of appeal (unless they have made a human rights or protection claim) and instead may be eligible to submit a request for administrative review of the decision.

For persons who applied in a PBS category before the relevant cut-off date for their category, the pre-existing appeals regime will apply, due to saving provisions in the relevant Commencement Order. See Practice Note: Rights of appeal where the Immigration Act 2014 appeals regime does not apply.

This Practice Note