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Appeal Rights
Refusal of entry clearance
A refusal of entry clearance in any of the categories in COMING TO SETTLE will attract a right of appeal exercisable from overseas.
Refusal of leave to enter
An applicant arriving at a port of entry in the UK with entry clearance who is then declined leave to enter also possesses a right of appeal and may remain in the country whilst pursuing the remedy. However, should an applicant requiring entry clearance arrive at a UK port of entry without the required leave, he or she will be refused leave to enter automatically and will have no right of appeal against the decision. Should a human rights ground be asserted, however, and the right to family life could likely be invoked in all of the above categories, then an in-country right of appeal will be generated if the refusal of leave to enter is nonetheless maintained. The prospects of successfully prosecuting such a case are minimal, however, unless it can be shown that there are compelling reasons why entry clearance could not be obtained prior to travel, the UK courts being committed to maintaining the integrity of the immigration system and what they would perceive to be merely queue jumping.
Refusal of extension or variation of leave
For persons in the above categories seeking to extend an initial grant of limited leave, or persons admitted to the UK in a different capacity who are endeavouring to vary their status, provided that the respective application is submitted during the currency of the original leave, any refusal will be able to be appealed. Additionally, should the existing leave expire while a decision is outstanding, the applicant can remain in the UK lawfully and the conditions applicable to the original admission continue to apply. If an adverse decision is reached and should the applicant appeal, leave is again effectively extended on identical conditions until the appeal process is concluded and will include time spent in the UK exercising appeal rights,
A refusal of entry clearance in any of the categories in COMING TO SETTLE will attract a right of appeal exercisable from overseas.
Refusal of leave to enter
An applicant arriving at a port of entry in the UK with entry clearance who is then declined leave to enter also possesses a right of appeal and may remain in the country whilst pursuing the remedy. However, should an applicant requiring entry clearance arrive at a UK port of entry without the required leave, he or she will be refused leave to enter automatically and will have no right of appeal against the decision. Should a human rights ground be asserted, however, and the right to family life could likely be invoked in all of the above categories, then an in-country right of appeal will be generated if the refusal of leave to enter is nonetheless maintained. The prospects of successfully prosecuting such a case are minimal, however, unless it can be shown that there are compelling reasons why entry clearance could not be obtained prior to travel, the UK courts being committed to maintaining the integrity of the immigration system and what they would perceive to be merely queue jumping.
Refusal of extension or variation of leave
For persons in the above categories seeking to extend an initial grant of limited leave, or persons admitted to the UK in a different capacity who are endeavouring to vary their status, provided that the respective application is submitted during the currency of the original leave, any refusal will be able to be appealed. Additionally, should the existing leave expire while a decision is outstanding, the applicant can remain in the UK lawfully and the conditions applicable to the original admission continue to apply. If an adverse decision is reached and should the applicant appeal, leave is again effectively extended on identical conditions until the appeal process is concluded and will include time spent in the UK exercising appeal rights,
