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Immigration appeal success rate increases

Immigration appeal success rate increases

Immigration appeal success rate increases



Immigration appeal success rate increases

9 April 2018

Immigration lawyers and some readers are no doubt painfully aware that the right of appeal to the First-Tier Immigration Tribunal has been removed in many visa categories. Working and study categories have in most cases lost the right although family, human rights/asylum, European, and a few other categories have retained it.

Figures recently published by the Ministry of Justice have revealed the remarkable fact that the appeal success rate at the First-Tier Tribunal has crept up to 50%. This high figure may seem in a way quite appealing, but of course it is likely to be indicative of poor decision-making in the first place.

An interesting comparison can be made with the success rate for Administrative Review (a process carried out by the UKVI itself), which is less than 20%.

Is there any systemic reason for this large discrepancy?

Er, yes, we strongly believe so. Immigration Judges are trained and experienced lawyers whereas Home Office Administrative Reviewers are probably not. The quality of the latter’s decision-making is sometimes extremely poor.

Challenging UKVI decisions can sometimes be a bit of a minefield, and if you have had a refusal decision which you wish to challenge you might want to take professional legal advice before deciding what to do.

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