Rights of appeal
Produced in partnership with Rowena Moffatt of Doughty Street Chambers

The following Immigration practice note produced in partnership with Rowena Moffatt of Doughty Street Chambers provides comprehensive and up to date legal information covering:

  • Rights of appeal
  • Rights of appeal
  • Human rights and international protection
  • Protection claim
  • What constitutes a human rights claim in procedural terms?
  • Can you make a human rights application/claim ‘in the alternative’ to another application?
  • Other elements of a human rights claim
  • European Economic Area (EEA) appeals
  • Appeals under the European Community Association Agreement with Turkey
  • EU Settlement Scheme appeals
  • More...

Rights of appeal

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for Immigration?

This Practice Note sets out:

  1. which rights of appeal are available and the tribunal’s jurisdiction

  2. the venue of appeals (in-country or out-of-country)

  3. the grounds of appeal that may be argued

  4. statements of additional grounds

  5. matters to be considered by the tribunal, including new matters

  6. notification of right of appeal, and

  7. transitional provisions

The current legal framework governing statutory appeals to the immigration tribunal entered into force pursuant to the Immigration Act 2014 (IA 2014), which introduced fundamental changes to the appeals regime.

Rights of appeal

Human rights and international protection

There is no automatic right of appeal to the immigration tribunal against a 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.

In non-EEA cases, section 82 of the Nationality, Immigration and Asylum

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