The Administrative Appeals Unit (AAU) has authority under Title 8 of the Code of Federal Regulations (CFR), section 103.3, to review a number of administrative decisions, such as the denial or revocation of a visa application or denial of asylum status, by the Immigration and Nationality Service (INS, now known as the Bureau for Citizenship and Immigration Services).

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The Administrative Appeals Unit (AAU) has authority under Title 8 of the Code of Federal Regulations (CFR), section 103.3, to review a number of administrative decisions, such as the denial or revocation of a visa application or denial of asylum status, by the Immigration and Nationality Service (INS, now known as the Bureau for Citizenship and Immigration Services). Denial notices served on individuals inform them of their right to appeal and the appropriate body to appeal to, which may be the AAU or Board of Immigration Appeals (see below). If an employer has made a visa application which is refused they must seek an appeal against that decision, the person on behalf of whom the petition was made has no right to appeal as they are not considered under section 103.3(a)(iii) to be an 'affected party'. A strict deadline of 30 days applies to the right of appeal under section 103.3(a)2(i) and a fee must be paid. If an appeal is not made within the deadline or the appropriate fee paid it is classed as an ‘improperly filed appeal’ and rejected. The Appellate Authority may grant the appeal and change the original decision, send it back to the decision-making body or deny the appeal. Appeals are summarily dismissed under section 103.3 D (v) if they fail to raise any erroneous conclusion of law or statement of fact for the appeal.

The Board of Immigration Appeals (BIA) reviews certain decisions made by Immigration judges and DHS Bureau offices under the powers vested in it by section 1003.1(b) of Title 8 of the CFR. The BIA hears appeals under this provision against a number of decisions of Immigration judges including: in exclusion cases; in deportation cases; in removal proceedings; in asylum proceedings; and in relation to Temporary Protection Status. Section 1003.1(d)3 defines the scope of the review by the BIA they may review questions of law, discretion, and judgment and all other issues in appeals from decisions of immigration judges; all questions arising in appeals from decisions issued by Service officers and must not engage in fact-finding in their reviews. Under section 1003.1(d)2 the BIA may summarily dismiss appeals in a number of circumstances. These include when the appellant fails to specify the reasons for appealing; the only reason for the appeal involves a finding of fact or a conclusion of law that was conceded at a prior proceeding; the BIA is satisfied, that the appeal is filed for an improper purpose, such as to cause unnecessary delay, or that the appeal lacks an arguable basis in fact or in law unless supported by a good faith argument for extension, modification, or reversal of existing law. Appeal may also be dismissed if they do not fall within the BIA's jurisdiction; or are untimely. Decisions of the BIA are subject to judicial review in the Federal Courts unless such review is restricted by legislation.

The right to judicial review is limited in certain proceedings. Section 242(2)A, B and C of the Immigration and Nationality Act lists the matters which are not subject to judicial review, these include; individual determinations or any other cause or claim arising from or relating to the implementation or operation of an order of removal; and orders against criminal aliens. Notwithstanding any other provision of law, no court has jurisdiction to review any final order of removal against an alien who is removable by reason of having committed a criminal offence under this provision or the certification under section 240(c)(1)(b) of the Act that the immigrant has a disease, illness or addiction.

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

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