Rights of appeal
Produced in partnership with Rowena Moffatt of Doughty Street Chambers
Practice notesRights of appeal
Produced in partnership with Rowena Moffatt of Doughty Street Chambers
Practice notesThis Practice Note sets out:
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which rights of Appeal are available and the tribunal’s jurisdiction
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the venue of appeals (in-country or out-of-country)
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the grounds of appeal that may be argued
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statements of additional grounds
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matters to be considered by the tribunal, including new matters, and
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notification of right of appeal
The Practice Note does not cover any aspects of appeals to decisions made in relation to applications or leave granted under the EU Settlement Scheme (EUSS). For information about EUSS cases, see Practice Note: Dealing with a refusal under the EU Settlement Scheme.
Rights of appeal
Human rights and international protection
There is no right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber) against every decision by the Secretary of State for the Home Department (SSHD) affecting a person’s immigration status. Rather, appeal rights are set out in statute and lie only in certain circumstances.
Section 82 of the Nationality, Immigration and Asylum Act 2002 (NIAA 2002) provides a right of appeal in three circumstances:
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where the
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