Rights of appeal where the Immigration Act 2014 appeals regime does not apply
Produced in partnership with Colin Yeo of Garden Court Chambers
Rights of appeal where the Immigration Act 2014 appeals regime does not apply

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

  • Rights of appeal where the Immigration Act 2014 appeals regime does not apply
  • Rights of appeal
  • Immigration decisions
  • European Economic Area (EEA) appeals
  • Ineligibility to appeal
  • Notification of right of appeal
  • Grounds of appeal
  • Statement of additional grounds
  • Venue for the appeal

The Immigration Act 2014 (IA 2014) fundamentally changes the system granting rights of appeal from decisions affecting immigration status. IA 2014, s 15 repeals and replaces the key relevant sections 82, 83, 83A and 84 of the Nationality, Immigration and Asylum Act 2002 (NIAA 2002).

However, there is a phased implementation of the new provisions. On 20 October 2014 the first phase was introduced by the Immigration Act 2014 (Commencement No 3 Transitional and Saving Provisions) Order 2014, SI 2014/2771 (Commencement Order No 3). Commencement Order No 3 originally designated only two groups of migrants in respect of whom the new appeals regime initially applied. These were 'foreign criminals' made subject to deportation on or after 20 October 2014 (and their families if liable to deportation) and Tier 4 students and their family members who made an application for leave to remain on or after 20 October 2014. Problems with the drafting of Commencement Order No 3 as regards foreign criminals subject to deportation and their families led to the subsequent issuing of the Immigration Act (Transitional and Saving Provisions) Order 2014, SI 2014/2928 which meant broadly the new appeals regime only applied for such persons in relation to relevant deportation decisions taken on or after 10 November 2014. SI 2014/2928 has now been revoked.

Details of the final two phases of implementation