Section 82 of the Nationality Immigration and Asylum Act (2002) is the most recent legislation on appeals, which supersedes previous provisions and sets out the 11 Immigration refusal decisions, which may be appealed against. These decisions include: refusal of leave to enter; refusal of entry clearance; a removal decision; a decision to make a deportation order; and a refusal to revoke a deportation order. All persons refused asylum can appeal against that decision.

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Section 82 of the Nationality Immigration and Asylum Act (2002) is the most recent legislation on appeals, which supersedes previous provisions and sets out the 11 Immigration refusal decisions, which may be appealed against. These decisions include: refusal of leave to enter; refusal of entry clearance; a removal decision; a decision to make a deportation order; and a refusal to revoke a deportation order. All persons refused asylum can appeal against that decision. Section 83 sets out the provisions for asylum appeals when leave has been granted for more than one year although the asylum claim has been refused. Section 84 sets out the grounds for appeal, which include: that the decision was not in accordance with immigration rules; that the decision breaches the individuals human rights; about the decision breaches the individuals EEA Treaty rights; that removal would breach the refugee Convention or Human Rights Act; or is not in accordance with the law. Under the ‘one-stop appeals system’ introduced in October 2000 all applicants are expected to raise all the appeal issues in their appeal at once.

There are two levels of appeal, first to an adjudicator of the Immigration Appellate Authority (IAA), who sits alone to hear the case. In most cases there is also a right to make a written application for leave to appeal to a higher level, to the Immigration Appeal Tribunal (IAT), for a review of the adjudicator's decision. The IAT is made up of a panel of two to three people, one of whom is legally qualified. Leave to appeal will usually be granted at this stage if there is a legal point in question or if other special circumstances justify a further right to appeal. A hearing before the Tribunal is arranged if leave to appeal is granted. There is no right to appeal if the IAT refuses leave to appeal against the adjudicator's decision, however this decision can be challenged by judicial review. If the IAT dismisses the appeal after hearing it a second appeal may be made to the Court of Appeal, and application must be made in writing to the IAT to do so, if they refuse a second application for permission to appeal may be made to the Court of Appeal. Individuals may also appeal against immigration decisions to an adjudicator under human rights grounds under section 65 of the Immigration and Asylum Act (1999). The section 65 appeal was introduced in following incorporation on the European Convention of Human Rights into UK law by the Human Rights Act (1998)(see 8.2-Immigration Law and Policy).

People who are going to be transferred to another EU State or a Norway and Iceland, under the Dublin Convention, or to a safe third country, can appeal against this decision to the IAA. However section 11(2) of the Immigration and Asylum Act (1999) provides that an appeal may not be made against the decision to transfer to another EU state on the grounds that that country is not a safe third country, the only appeal being on human rights grounds under section 65. The 2002 Act, in section 93, states that appeals may not be made if certificates have been issued under third country provisions of the 1999 Act unless a human rights claim has been made or the claim has not been certified to be unfounded. The appeal right against Dublin Convention transfers may only be exercised once the person has left the UK, although applicants may seek judicial review of the transfer decision. Third countries may be designated as safe under section 12(1)(b) of the 1999 Act; at present they include Norway, Switzerland, Canada and the US.

Analysis provided by: Anisa Niaz LLM (Public Law), United Kingdom.

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