Question on ILR appeal

[sunnyday]

Can anyone explain to me how appeal works under circumstances where ILR was refused? From the information I've read here, if the visa is due to run out after the refusal, he would be given a chance for appeal whereas if his visa is not, he would not be given a chance for appeal?

Would you say it's better to have your visa that's just long enough to cover your stay until the time eligible for ILR, so as to have a chance for appeal? or does it make no difference?

[VictoriaS]

It depends on how strong your case is and what visa you are on. If your case is tricky and your visa runs out just before the application is made, then if you lose your appeal you risk having to leave. If you are on a work permit or are still studying then it might not be worth it.

Victoria

[avjones]

Under the Nationality, Immigration and Asylum Act 2002, s.82, you only have a right of appeal where an "immigration decision" is made:

82 Right of appeal: general

(1) Where an immigration decision is made in respect of a person he may appeal to an adjudicator.

(2) In this Part "immigration decision" means-

(a) refusal of leave to enter the United Kingdom,

(b) refusal of entry clearance,

(c) refusal of a certificate of entitlement under section 10 of this Act,

(d) refusal to vary a person's leave to enter or remain in the United Kingdom if the result of the refusal is that the person has no leave to enter or remain,

(e) variation of a person's leave to enter or remain in the United Kingdom if when the variation takes effect the person has no leave to enter or remain,

(f) revocation under section 76 of this Act of indefinite leave to enter or remain in the United Kingdom,

(g) a decision that a person is to be removed from the United Kingdom by way of directions under section 10(1)(a), (b) or (c) of the Immigration and Asylum Act 1999 (c. 33) (removal of person unlawfully in United Kingdom),

(h) a decision that an illegal entrant is to be removed from the United Kingdom by way of directions under paragraphs 8 to 10 of Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry: removal),

(ha) a decision that a person is to be removed from the United Kingdom by way of directions under section 47 of the Immigration, Asylum and Nationality Act 2006 (removal: persons with statutorily extended leave),


(i) a decision that a person is to be removed from the United Kingdom by way of directions given by virtue of paragraph 10A of that Schedule (family),

(ia) a decision that a person is to be removed from the United Kingdom by way of directions under paragraph 12(2) of Schedule 2 to the Immigration Act 1971 (c. 77) (seamen and aircrews),

(ib) a decision to make an order under section 2A of that Act (deprivation of right of abode),


(j) a decision to make a deportation order under section 5(1) of that Act, and

(k) refusal to revoke a deportation order under section 5(2) of that Act.

[sunnyday]

Thanks. Like a lot of people here, I have a visa break while out-of-country in between 2 visas. If making an appeal will help, I would consider switching from a long course to a short one, so I would be given a chance to appeal if my application failed. How effective is an appeal for a problem like mine?

[William Blake]

Intuitively I don't know that switching to a short course is best. Remember other than the appeal you are likely to be entitled to a reconsideration - so this may help. I am about to submit my application for ILR within the next few days. But throughout the experience of preparing the application I have come to realize even more that British immigration policy aims to use you up and then discard you when you are finished - like a lab rat chasing cheese on a wheel. Just look at it, after ten years here they are still fighting against us - why? because we want to work and make our lives better. Making arbitrary criterion like if you leave on one visa and come back on a next then you haven't lived here for ten years; is that common sense ?

So my advice to you is to do all you can to influence the discretionary power of the caseworker - for example consider getting an MP to write a letter for you to accompany your application. But although it is difficult to do so with time restrictions / uncertainties hanging over you,
live your life according to the goals and aims that you want out of life. If that course is not in your major aim and direction in life then do one that is. That way your integrity will be in tack if the British immigration system which builds a fair, just and tolerant society fails us.

I wondered if anyone knows whether it is possible to take a refusal to the Eurpopean Court of human rights?